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Federal ADA law broken??

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Mario

Its-ah Supah- Marrrio Time!
 
 
Barked: Sat Sep 29, '12 11:01am PST 
I am trying to find where in the ADA my rights as a disabled person are being violated due to multiple people interfering with my SDs' ability to perform their work and tasks. I know they have violated at least a dozen state laws in two different states, but I can't find anything specific in the ADA. Help would be greatly appreciated.
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Gidget

Wherever mom is,- there I will be- also.
 
 
Barked: Sat Sep 29, '12 5:22pm PST 
The Department of Justice enforces the ADA, so maybe call them? You could explain to them and they will inform you of your next steps.
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Harley, SD,- CGC, TDI

Super Service- Boy!
 
 
Barked: Sat Sep 29, '12 6:23pm PST 
What specifically are you talking about happening?

The ADA doesn't have anything on interfering with a service dog. That is all in state law.
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Chief- Majestix the- Impeccable

1243866

moderator
 
 
Barked: Sun Sep 30, '12 11:07am PST 
maybe that'll help you?

http://www.animallaw.info/statutes/stusidguidedoglaws.htm

close the gaps when you paste..

especially this part of the page:

"Title 18. Crimes and Punishments. Chapter 58. Public Health and Safety.

§ 18-5811. Action required to avoid accident or injury to disabled person-- Prohibited intentional actions--Penalties

(1) Any person, whether a pedestrian, operating a vehicle or otherwise, who approaches an individual appearing to be a disabled person or lawfully using an assistance device or assistance dog, and who:

(a) Intentionally fails to stop, change course, speak or take such other action as is necessary to avoid any accident or injury to the disabled person, the assistance device or dog, is guilty of a misdemeanor, punishable by imprisonment in the county jail not exceeding six (6) months, or by a fine of not less than fifty dollars ($50.00) nor more than one thousand dollars ($1,000), or by both.

(b) Intentionally startles or frightens such person's dog, is guilty of a misdemeanor, punishable by imprisonment in the county jail not exceeding six (6) months, or by a fine of not less than fifty dollars ($50.00) nor more than one thousand dollars ($1,000), or by both.

(2) Any person who, without justification, intentionally interferes with the use of an assistance dog or assistance device by obstructing, battering or intimidating the user or the dog, is guilty of a misdemeanor punishable by imprisonment in the county jail not exceeding six (6) months, or by a fine of not less than fifty dollars ($50.00) nor more than one thousand five hundred dollars ($1,500), or by both.

S.L. 1997, ch. 267, § 2."

Best and hope all works out, sonja and the crew

Edited by author Sun Sep 30, '12 11:10am PST

Cooper

microscopic mutt
 
 
Barked: Sun Sep 30, '12 12:34pm PST 
That's Idaho state law in case anyone's wondering. As Harley said, there isn't anything in the ADA about interference with a service dog.
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Mario

Its-ah Supah- Marrrio Time!
 
 
Barked: Sun Sep 30, '12 9:59pm PST 
I am mainly wondering how it would affect person(s) who directly interfere with a SD's ability to even go with their handler to any public places due to their actions (theft of vital equipment, harassment/battery/intimidation of handler forcing them to board their senior SD), and also if that is a violation of my right's as a disabled American under the ADA, or another law that would address these issues? I'm pretty sure I'm well versed on the state laws, one of which is Washington, and one of the laws I believe to be violated, many times, is a felony. My health is also being severely compromised.
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Cooper

microscopic mutt
 
 
Barked: Sun Sep 30, '12 10:27pm PST 
I'm sorry you're having such a hard time. It sounds like you may need a lawyer. Do you want to tell us more about your situation? It sounds complicated, so the more you tell us the better the chances of someone giving you some information you would find helpful.
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Mario

Its-ah Supah- Marrrio Time!
 
 
Barked: Tue Oct 2, '12 1:12am PST 
Sorry, I'm not sure if I'd be violating any dogster rules by getting more into depth since it involves domestic violence (specifically multiple counts of battery of a service dog handler, myself). My DV advocates are working to get me a lawyer for the DV and divorce process, and my disability advocate referred me to lawyers and legal aid that focuses purely on what's happening with my SDs. Basically I was harassed and intimidated out of my own home, which my current husband and I both have our names on. It was originally the plan that during and after the divorce I would be living there and my current husband would move in with a friend, because I ran my small holistic dog grooming business legally from home (went through the city in my name only), and so I could have both of my SDs with me (Link was still my main SD, since I'm mostly homebound atm, and was teaching Mario how to take over). That didn't work out and I felt unsafe in the house directly because of my husband's continued actions which I won't get into, so I am now technically homeless. Although Mario is allowed to stay with me at my only friend's in the area, Link is not due to his size (although my friend who owns the condo may change his mind, after having Link stay here while his sheepdog trainer went to the finals and seeing how well behaved he is). So Link has been boarding with his trainer, which has been a huge strain on my health to not have him, majorly triggering severe symptoms of my disability, and also has been affecting Mario as his workload has increased far past my comfort level with him still being new to the job. Also my current husband, against direct orders he was not to from my ex-lawyers, removed from the home (stole) all of my dog grooming equipment, and even stuff like Mario's cold weather working jacket/vest and working harness that goes over it, which he needs right now. Plus stuff I can't even think of, considering I didn't even know he did this until I got sick of being denied equipment vital to the use of my SDs, legal medical equipment, and requested a civil police stand-by to get those things, found the house completely stripped, and then was illegally kicked out of my own home by the police officer I called. They wouldn't even let me take the scale that was bought specifically on my doctor's orders to monitor my weight which I have been drastically continuing to lose due to my undiagnosed auto immune disorder. All of which the officers knew, I also quoted them state law that was being violated by my husband, and also that it was affecting my SDs' (Mario was with me, vested) ability to perform their work/tasks and mitigate my disability. I was basically laughed at and had the door slammed in my face. I tried to call the DOJ/ADA hotline, but the lady I talked to was extremely unhelpful, rude, was constantly talking over me, and refused to listen. I fully groomed Mario once a week when I had access to my equipment, and kept up on a sanitary trim for him, which he needs. I also have bad allergies, not to dogs, but to allergens that get attached to their coats, and this was pretty easily managed by the grooming schedule I kept up. Now it's been 2 months since he's been groomed, and my allergies are awful. Mario is a papillon also, and his grooming needs to be maintained in order for him to do his job, for example because of his breeding his eyes get weepy if I don't keep them clean and the hair trimmed, which is distracting and uncomfortable, and his feet turn into mop-feet dirt magnets very quickly. Also there has been a noticeable increase in the amount he is shedding, which was basically non-existent before. Obviously the grooming needs are even more so with Link due to his breed and coat.

So it sounds like this is a state issue if I am understanding correctly. There are no federal laws that would protect a disabled individual and/or their SDs in this type of situation?
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Maya-Living- in the UK

Pet me please?
 
 
Barked: Tue Oct 2, '12 3:36pm PST 
I am not able to help but how awful for you, sending hugs your way. I hope you can get something sorted frown hug
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Mario

Its-ah Supah- Marrrio Time!
 
 
Barked: Fri Oct 5, '12 8:01pm PST 
Bump?
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