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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.
 

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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?
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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.
 

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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. /ubbthreads/images/graemlins/thumb.gif
 

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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.
 

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Re: SDIT Law in PA

Quote:I found it on a mini-horse guide horse site LOL!
Now that is where I should have looked for the State Statutes on Service/Assistance Dogs.
 

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Re: SDIT Law in PA

Now as to the part of you flying with your dog in the cabin with you -- Did you check with your particular airline? There is a difference between a SD and a SDIT under the Air Carriers Act. Also check to see what the requirements are of your particular airline as to a qualified trainer.

Quote:
What about service animals in training?
Part 382 requires airlines to allow service animals to accompany their handlers in the cabin of the aircraft, but airlines are not required otherwise to carry animals of any kind either in the cabin or in the cargo hold. Airlines are free to adopt any policy they choose regarding the carriage of pets and other animals provided that they comply with other applicable requirements (e.g., the Animal Welfare Act). Although “service animals in training” are not pets, the ACAA does not include them, because “in training” status indicates that they do not yet meet the legal definition of service animal. However, like pet policies, airline policies regarding service animals in training vary. Some airlines permit qualified trainers to bring service animals in training aboard an aircraft for training purposes. Trainers of service animals should consult with airlines, and become familiar with their policies.

Guidance Concerning Service Animals in Air Transportation
 

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Re: SDIT Law in PA

Quote: Apparently there is a difference in the law between a service dog and a service dog in training.
That is correct. The ADA of 1990 did not address Service Dogs (Assistance Dogs) at all. Only through the DOJ, the governing agency of the Act, in later publications do we hear about Service Dogs (Assistance Dogs). Again nothing about dogs in training therefore a handler/trainer does not receive any additional rights to train a dog at the Federal level.

To help clarify there is this quote from Isabelle Katz Pinzler, Acting Assistant Attorney General of the Civil Rights Division, dated July 3, 1997:
Section 36.302 of the Department of Justice regulation implementing title III of the ADA states that a public accommodation must modify policies, practices, or procedures to permit the use of a service animal by an individual with a disability. The ADA does not specifically require such modifications for persons who are training service animals.
Technical Assistance Letter on DOJ Website

It is only through State Statutes (and these are not all states) where a handler/trainer receive the right of "Public Access" with their SDIT (and this is not with all SDITs and in all circumstances).

If the individual state has Public Access Rights for a trainer working with a SDIT then there are still certain facts that must be checked on. Some states only give these rights to "a qualified trainer" or may state "to a trainer affiliated with an approved school", have even seen the term "a bona fide trainer", or one of several other statements. This would do away with owner trainers in these states.

You must also verify what disabilities are covered under the individual state statutes. Some only acknowledge SDITs being trained for "physical" disabilites or address "Guide and Hearing Dogs" only.

Once you find out if that particular state acknowledges SDITs (including the venue of your particular SDIT), then you must follow all of that State's regulations including if they require a special colored leash/harness, special ID, or other items. The ADA states no special equipment or ID for a SD, but remember ADA does not cover SDITs so to receive any special benefits of a State you must follow all of that State's requirements.

If in doubt, the best way to clarify is to contact the Attorney General's Office of that state. Always ask to have your answer sent to you in writing even if given an answer over the phone. Do not rely soley on the word of other SD handler's since they may be incorrect.

Whenever someone gives you an answer (including here) always look for the "official" word on the subject. This is why I do not like to post just what I know, but always try to post a link so the reader can check it out for themself. Afterall, it will be the person that is looking for the info that can be inconvenienced by delays or refusals to fly or enter "no pet" establishments.

Once your dog goes from SDIT status to SD status then all issues here revert to the FED level. But I also like to give a warning here, do not claim your dog as a SD if it is not in reality ready to be considered so. Such a claim could very well backfire. (This "you/your" is not directed at the OP but is being used broadly for all trainers and handlers of SDITs.)
 

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Re: SDIT Law in PA

To cover all your bases -- if you haven't already done so, call the airlines again and tell them that you will be traveling with your SDIT (mention that you have permission) and request that this info be put into the computer. Or you may find yourself going through the whole ordeal again at the counter.

A friend of mine traveled a couple of months ago with a SDIT and did not have any problems at all, so don't worry yourself overmuch. Just be prepared and then relax and enjoy the flight. If you haven't ever flown with a dog in the cabin before I would like to pass on a travel tip. Have a doggie treat for when the plane takes off.

For people who wonder why handlers, trainers, and advocates have such a sour taste in their mouths for "fakers" this is a good example of the extra problems that they cause for those who follow the rules.

Good luck in your travels and hope you enjoy yourself. Please let us know how things went and be sure to give any travel tips that you may pick up on the way.


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Ok, after I posted I happened to see that Patti did just before me. Very good advice Patti and always helpful to hear from someone who has experience in a situation.
 

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It is time again to do housecleaning on the board so instead of loosing some of the information in some of the older threads, I thought I would just piece some threads together. The following will have some info pertaining to one state but not another, but by reading these it may make some points of law a little clearer.
 
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