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Which law applies to county jails?

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Link

Hero of Hyrule
 
 
Barked: Wed Apr 10, '13 10:37pm PST 
I'd like to visit a friend of mine who's currently in a county jail. I get very severely triggered by anything to do with police officers, so having Link with me is a must. So I finally worked up the nerve to call the jail today. Unfortunately it sounds like the jail here is not familiar with service dog laws. I was transferred to a higher up because the first guy didn't know whether they were under the ADA or federal rehab act. And then I had to explain title 3 of the ADA and what the federal rehab act was to the higher up! He kept asking if I had a guide dog, and specifically asked what my disability was several times. He said they don't fall under the ADA, but the federal rehab act (which I'm not as familiar with), but repeatedly asked and required that Link be certified, but couldn't tell me from which organization(s). He's going to call me back when he's done more research, but he basically said I would be denied access if I didn't have proof of certification.

I'm going to be calling the ADA hotline tomorrow to make sure county jails don't fall under the ADA. I'm not sure if they fall under the rehab act or the General Services Administration, but it seems that I should be allowed to have my SD regardless of which one it is.

Any help as to what law applies to county jails?
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Scooter

Work hard; Play- harder.
 
 
Barked: Thu Apr 11, '13 12:06am PST 
I've worked at both a county jail and at the state level as a CO. Jails and prisons aren't a place of public accommodation like your local bank or store. Generally (at least in the places I've worked), one must be pre-approved to visit and part of that process involves a background check; that's before they start looking at what is "reasonable" to accommodation. I've been in jails with only one correctional officer; for them to handle a SD team, they would have to call in additional staff and limit the visit to certain hours. I've also seen instances where the animal wasn't allowed access, but the person was allowed an attendant. It comes down to how best keep everyone involved safe.

County lock up, we'd completely shake down the dog/handler and you'd get a non-contact visit for your safety. State level, contact/non-contact would be determined by the inmate's custody; you'd both still be shook down and your visit may be held either in a secluded area or on a non-typical visitation day for the team's safety.
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Samson

Work? What's- that?
 
 
Barked: Thu Apr 11, '13 5:13am PST 
I used to work in a county jail as well. We have high/close security jail (not quite maximum security, but close), contact visits were never allowed for anyone, with the exception of legal counsel. I'm not sure what the jail commander would have decided in your situation - but we probably would have required you to show up during regular visitation hours.

If your county jail allows for contact visits, that's a whole 'nother ball game that I'm not at all familiar with.
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Buddy

I'm NOT a- 'weiner dog'!- I'm a DACHSHUND!
 
 
Barked: Thu Apr 11, '13 1:41pm PST 
Service dogs are service dogs when their handler/owner says they're service dogs. That has ALWAYS been the DOJ's stand! You DO NOT need to be a "professional service dog trainer" to train a service dog; that TOO has ALWAYS been the DOJ's stand as well. The purpose of a service dog registry ISN'T so much for the benefit of service dogs and their handlers/owners, as much as it is "peace of mind" for establishments that want something in writing. Although the DOJ says handlers/owners ARE NOT required by law to provide service dog registration and/or certification, the DOJ still "recommends" it for the ease of public consciousness such as traveling via TSA checkpoints, restaraunt businesses, church buildings, courthouses, etc. The registry and documentation serves to ease the public's conscience because there are quite a few "IGNORANT" people that don't know any better. You could taute the ADA laws regarding your rights, but all that is going to get you is a phone call and a letter of apology from an attorney. It doesn't accomplish ANYTHING as far as getting into public establishments! I use a registry and carry documentation because people usually DON'T know any better... and it's far more efficient than arguing with people in public about your ADA rights. My "Service Dog ID Badge" for handler/owner and service dog alike have gotten me past MANY U.S. Federal Marshalls and into MORE THAN ONE Federal Courthouse! They have also facilitated smooth entry into a maximum security county jail of a rural Tennessee community operated and run by the local County Sheriff's Dept. They have additionally served to get me QUICKLY through ANY TSA checkpoints, etc. Just something to think about.
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Link

Hero of Hyrule
 
 
Barked: Thu Apr 11, '13 3:16pm PST 
I called the ADA information line today, and was told that county jails ARE subject to the ADA (title ii), and that the officers I talked with were asking illegal questions and imposing illegal restrictions. They said they had to provide reasonable accommodation for my service dog and I, and CAN NOT require certification or proof of service dog licensing or registration.

So, I don't think I'm going to call the jail back considering how severely I was triggered, and just show up with all the relevant laws and a hangman's letter and hope for the best.

I understand why it would be appealing to some people to have the security of certification, but I feel I am able to stand up for myself during access challenges, and have a duty to do so for those that may not be able to afford certification or are not aware of it. Not to mention it is NOT a requirement of the ADA, so they should not be telling me I have to decide if I want to visit my friend OR have my service dog!
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Crazy Sadie- Lady

Im a SD and- proud of it so- there!!!!
 
 
Barked: Fri Apr 12, '13 5:27pm PST 
I have a son in prison and I was going to take Sadie in and then desighded that it was not a good Idea but I did find out that it was ok to do so. You do though have to have paper work about the dogs shots and stuff like that. Only cause it is federal but then you are asking about county so I don't know if it would be the same. I do know that they have simlar rules and then some that are different.
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Gidget

Wherever mom is,- there I will be- also.
 
 
Barked: Fri Apr 12, '13 5:45pm PST 
Are you sure you want to subject yourself to that kind of pressure? Is your dog able to handle that kind of pressure? I, personally, would want to situate things over the phone first. But to each his own.
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Chief- Majestix the- Impeccable

1243866

moderator
 
 
Barked: Fri Apr 12, '13 9:22pm PST 
can you keep us posted about the outcome?
I really want to know how things will turn out. I wish you all the best and hope it'll be ok dog walk
Link

Hero of Hyrule
 
 
Barked: Fri Apr 12, '13 10:56pm PST 
While I don't think Link would have a problem with the pressure, I did, so I called them earlier today. I was immediately told I couldn't bring my service dog, and after some debate they finally realized I was coming to VISIT, not stay, (I hadn't talked to this officer), then they asked what breed my SD was, to which I responded it doesn't matter because the ADA doesn't allow for discrimination of SDs based on breed. They asked if he was a Pit Bull, and was going to be attacking children or something! They also asked for certification again, but knowing that they are subject to the ADA I didn't let it slide and flat out told them they could not require certification (still couldn't tell me from what org even). Finally they relented and said they guess I could visit my friend with a SD after all. I'm going with a group of my friends on Sunday, with the relevant laws, some information for the staff there, and a hangman's letter just in case. I'll keep you guys updated.
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Crazy Sadie- Lady

Im a SD and- proud of it so- there!!!!
 
 
Barked: Sat Apr 13, '13 10:56am PST 
Good luck Link I know that is going to be hard I really plan to take sadie with me but I am going down with friends and one is going to stay out in the car so she will be ok. I just don;t feel I want to go through all that you mentioned with guards being that Sadie is a look a like breed for a pit bull and I am not about to fight with officers about her. I have had a lil trouble with a few stupid police that threaten her just cause they were in my house dealing with another situation unrelated.
I had a neighbor up stairs who was prone to calling the cops on me cause of bumps or something so the cops came over to tell me. I have had a few situations like that to many and do not like certin
cops in my area, but there are some good cops too. Though this is not a county Jail either and I just don't know and do not want to put sadie in undo stress either. She feels what I feel and I will be under enough stress if I choose to make the trip.
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