Misc. State Information - German Shepherd Dog Forums
Reply
 
LinkBack Thread Tools
post #1 of 22 (permalink) Old 12-28-2004, 03:28 PM Thread Starter
Master Member
 
jmincy's Avatar
 
Join Date: Dec 2004
Location: The Heart of Texas
Posts: 819
Indiana law

I am fairly new to the forum, and am also new to Indiana. I trained a service dog (seizure detection/assistance) for my wife and did plenty of reading up on ADA, ACAA, and Indiana law when we moved from Texas.

Indiana has done it right. There definitions pretty much match ADA, and there requirements match ADA, but they take it a step further and require the same access for "IN TRAINING" dogs and the law is enforceable as a criminal matter as a Class "c" misdemeanor.

While we have never been chanlenged with my wives dog, it is nice to have the support of the law from the get go.

Jeffrey

I hope one day that I can be half the man that my GSD thinks I am.
jmincy is offline  
Sponsored Links
Advertisement
 
post #2 of 22 (permalink) Old 12-28-2004, 07:47 PM
Moderator
 
ILGHAUS's Avatar
 
Join Date: Nov 2002
Location: North Central FLorida, east of Gainesville
Posts: 9,025
Re: Indiana law

[ QUOTE ]
and the law is enforceable as a criminal matter as a Class "c" misdemeanor

[/ QUOTE ]

I'm not sure here what you are refering to. If you don't mind could you go into a little more detail. Are you talking about say a merchant who might try to refuse entry of a SD or are you talking about someone trying to pretend that their dog is a SD or SDIT when in fact they are not. I'm asking for clarification for people with SDs from your state.

Also wanted to add--I admire anyone who can train a SD. I did not realize myself how much work was involved until I started helping with the public access and CGC parts.

As far as State Laws go, I felt FL was one of the better states and now it looks like they are improving a few more points. Some states are pretty bad and have a lot of room for improvement.

I went and took a look at your Heidi. She is a very nice looking girl. Bet you are very excited about your new pup coming. Best of luck. We have some very good Schutzhund people on this board that will be able to give you lots of good tips in his training.

TJ aka Theresa A. Jennings
Pyro vom Wildhaus aka Kaleb ~S.T.A.R.~
Family Companion, Non-Profit Mascot, In-Home Service Dog


To view links or images in signatures your post count must be 10 or greater. You currently have 0 posts.


To view links or images in signatures your post count must be 10 or greater. You currently have 0 posts.


Member of Assistance Dog Advocacy Project (ADAP),
Humane Animal Education & Services (HAES),
ILGHAUS is offline  
post #3 of 22 (permalink) Old 12-28-2004, 10:07 PM
Moderator
 
ILGHAUS's Avatar
 
Join Date: Nov 2002
Location: North Central FLorida, east of Gainesville
Posts: 9,025
Re: Indiana law

Do you have a better link for info on your state law.
With a search to a link on Indiana State Law this is what I came up with.
web page

The only other thing I could find was the penalties for harming or killing a SD. I know there has to be more because of your post. They sure don't want to make it very easy to find information do they?
---------------------
An aside for everyone here...
I'm starting a list on another thread for links to state laws. If anyone has a link just go ahead and PM it to me and I'll put it on the list--also if you see that the law posted on the thread by link for your state is old and you have a newer link please PM the updated link to me.

TJ aka Theresa A. Jennings
Pyro vom Wildhaus aka Kaleb ~S.T.A.R.~
Family Companion, Non-Profit Mascot, In-Home Service Dog


To view links or images in signatures your post count must be 10 or greater. You currently have 0 posts.


To view links or images in signatures your post count must be 10 or greater. You currently have 0 posts.


Member of Assistance Dog Advocacy Project (ADAP),
Humane Animal Education & Services (HAES),
ILGHAUS is offline  
Sponsored Links
Advertisement
 
post #4 of 22 (permalink) Old 01-03-2005, 03:39 PM Thread Starter
Master Member
 
jmincy's Avatar
 
Join Date: Dec 2004
Location: The Heart of Texas
Posts: 819
Re: Indiana law

That link is the one that has the actual law as on file. If you look about mid way down it says that a person that refuses access or charges for the dogs access commits a class C infraction.

I spoke to the local K9 cop and asked him what this means. While the officer may have the authority to arrest for this violation most likely the officer would issue a citation and refer to the prosecuting attorneys office.

Jeffrey

I hope one day that I can be half the man that my GSD thinks I am.
jmincy is offline  
post #5 of 22 (permalink) Old 01-03-2005, 08:26 PM
Moderator
 
ILGHAUS's Avatar
 
Join Date: Nov 2002
Location: North Central FLorida, east of Gainesville
Posts: 9,025
Re: Indiana law

Okay, I see where the Class C Infraction is addressed. I was looking for something on a misdemeanor.

Now the following is based on my understanding at this time and of course I am not an expert--I am in the process of learning.

For those who might not know the difference, a misdemeanor is part of your criminal history forever (or until pardoned or expunged). An infraction is part of your court record and part of the local agency record. Infractions are not criminal charges but are civil complaints. You can not be sent to jail for committing an infraction but the Court may impose a fine. (Now if the merchant would refuse to follow the orders of the Court or not attend any required Court appearances then that disobedience can become a criminal matter.)

So it looks to me like Indiana is indeed a forward state for the rights of a person with a disability in that a merchant who refuses access is subject to fines.

So what is the big deal here you might think? The ADA says the same thing and a PWD is protected by Federal Law. Well, this is one of the several times that it pays to have a good state law concerning PWDs and their rights to SDs. While a person might indeed have a good case to fight in the courts there is a waiting time of several years and not all cases go to court. There is not the time or the manpower to address all the problems and so only a percentage make it that far.

Another point on why certain states are better than others on the issue of SDs. While it is a civil infraction to deny access in many states, in some it is a criminal offense to harm or interfere with the performance of a SD.

To sum it all up--sounds like Indiana is on the right track. Like all states it needs improvements, but it is ahead of many. [img]/ubbthreads/images/graemlins/thumb.gif[/img]

TJ aka Theresa A. Jennings
Pyro vom Wildhaus aka Kaleb ~S.T.A.R.~
Family Companion, Non-Profit Mascot, In-Home Service Dog


To view links or images in signatures your post count must be 10 or greater. You currently have 0 posts.


To view links or images in signatures your post count must be 10 or greater. You currently have 0 posts.


Member of Assistance Dog Advocacy Project (ADAP),
Humane Animal Education & Services (HAES),
ILGHAUS is offline  
post #6 of 22 (permalink) Old 01-04-2005, 12:37 AM Thread Starter
Master Member
 
jmincy's Avatar
 
Join Date: Dec 2004
Location: The Heart of Texas
Posts: 819
Re: Indiana law

here is another example of the progress Indiana is making. This is the law concerning harming or interfearing with a service dog. It holds the same punishment as harming or interfearing with a police dog. (SAR dogs have there own protection laws here as well)

IC 35-46-3-11.5
Cruelty to a service animal
Sec. 11.5. (a) As used in this section, "service animal" means an animal that a person who is impaired by:
(1) blindness or any other visual impairment;
(2) deafness or any other aural impairment;
(3) a physical disability; or
(4) a medical condition;
relies on for navigation, assistance in performing daily activities, or alert signals regarding the onset of the person's medical condition.
(b) A person who knowingly or intentionally:
(1) interferes with the actions of a service animal; or
(2) strikes, torments, injures, or otherwise mistreats a service

animal;
while the service animal is engaged in assisting an impaired person described in subsection (a) commits a Class A misdemeanor.
(c) An offense under subsection (b)(2) is a Class D felony if the act results in the:
(1) serious permanent disfigurement;
(2) unconsciousness;
(3) permanent or protracted loss or impairment of the function of a bodily member or organ; or
(4) death;
of the service animal.
(d) It is a defense that the accused person:
(1) engaged in a reasonable act of training, handling, or disciplining the service animal; or
(2) reasonably believed the conduct was necessary to prevent injury to the accused person or another person.
As added by P.L.143-1996, SEC.2. Amended by P.L.9-2003, SEC.4.

Jeffrey

I hope one day that I can be half the man that my GSD thinks I am.
jmincy is offline  
post #7 of 22 (permalink) Old 08-11-2007, 02:07 AM
Elite Member
 
jfisher's Avatar
 
Join Date: Dec 2005
Location: Pittsburgh, PA
Posts: 1,243
SDIT Law in PA

Hi everyone. I have been trying and trying to locate the laws involving SDITs in the state of PA. I need to know what the law is regarding public access for dogs who are still in training. Here in FL I was able to locate the laws easily with the help of this board (thanks very much ILGHAUS! ) but I will soon be visiting family in PA for a few weeks. Any help would be greatly appreciated. Thanks!

-Jackie
jfisher is offline  
post #8 of 22 (permalink) Old 08-11-2007, 09:01 PM
Moderator
 
ILGHAUS's Avatar
 
Join Date: Nov 2002
Location: North Central FLorida, east of Gainesville
Posts: 9,025
Re: SDIT Law in PA

Jackie, I've been looking but PA doesn't have a very user friendly system. Everything seems to go back to an individual's website with links to various PA statutes.

The only thing I could find was pretty much like here in FL but I have nothing to officially link for you. When do you need this by? I hate to tell you something just because it says so somewhere on the Internet and it could possibly be all wrong. I'll keep looking.

TJ aka Theresa A. Jennings
Pyro vom Wildhaus aka Kaleb ~S.T.A.R.~
Family Companion, Non-Profit Mascot, In-Home Service Dog


To view links or images in signatures your post count must be 10 or greater. You currently have 0 posts.


To view links or images in signatures your post count must be 10 or greater. You currently have 0 posts.


Member of Assistance Dog Advocacy Project (ADAP),
Humane Animal Education & Services (HAES),
ILGHAUS is offline  
post #9 of 22 (permalink) Old 08-11-2007, 10:38 PM
Crowned Member
 
Brightelf's Avatar
 
Join Date: Sep 2001
Location: Massachusetts
Posts: 9,348
Re: SDIT Law in PA

Here ya go.. it also says that trainers have the same access rights.. so, SDITs being trained would have access rights-- as in my state, Massachusetts. Please scroll down. Yes, part of this is copied from the brochure Service Dogs Welcome, but, some applies directly ro PA law!

Amd yep.. I found it on a mini-horse guide horse site LOL!

http://www.mini-horse.org/news_horse...te_rights.html

Patti
Frauchen von:

Grimm van den Heuvel, aka "The Doofinator"
My strong-minded, very loving boy
Brightelf is offline  
post #10 of 22 (permalink) Old 08-12-2007, 12:12 AM
Elite Member
 
jfisher's Avatar
 
Join Date: Dec 2005
Location: Pittsburgh, PA
Posts: 1,243
Re: SDIT Law in PA

Thank you both very much! Patti, that's just what I needed. I wanted to be able to have a specific named law that I could show proof of, so I printed that section out to carry in my info file.

ILGHAUS,
I also found that not just the disability laws, but PA laws pertaining to anything else to be extremely difficult to find! It's like they're trying to keep that stuff a secret! LOL! I need the info by Monday evening, which is when I will be flying with my SDIT in the plane cabin for the first time. Wish us luck!

-Jackie
jfisher is offline  
Sponsored Links
Advertisement
 
Reply

Quick Reply
Message:
Options

Register Now



In order to be able to post messages on the German Shepherd Dog Forums forums, you must first register.
Please enter your desired user name, your email address and other required details in the form below.

User Name:
Password
Please enter a password for your user account. Note that passwords are case-sensitive.

Password:


Confirm Password:
Email Address
Please enter a valid email address for yourself.

Email Address:
OR

Log-in










Thread Tools
Show Printable Version Show Printable Version
Email this Page Email this Page



Similar Threads
Thread Thread Starter Forum Replies Last Post
Looking for breeders in BC Canada or Washington State (or touching state) pressured41 Choosing A Breeder 8 01-06-2014 05:42 PM
dog legislation state by state Debbieg Current Dog Affairs 1 07-02-2012 06:09 PM
NY State Commitee to consider GSD as official State Dog Mrs.K Current Dog Affairs 1 04-30-2012 09:21 PM
Misc and random questions re: 6yo daughter/9mo pup Mandalay Training Our Puppy (basic) 5 10-27-2008 09:03 PM
Obed comp/ stay training/ misc discussion ^^^ IliamnasQuest Obedience & Rally 0 10-24-2008 09:44 PM

Posting Rules  
You may post new threads
You may post replies
You may not post attachments
You may not edit your posts

BB code is On
Smilies are On
[IMG] code is On
HTML code is Off
Trackbacks are On
Pingbacks are On
Refbacks are On

 
For the best viewing experience please update your browser to Google Chrome