[misc.handicap] Seeking Advice - My CCI Service Dog was Assaulted

gatewood@stlvm27.vnet.ibm.com (Sandy Roberts) (05/16/91)

Index Number: 15699

Hi Everyone,

I am new to the network.  I just got authorization here at IBM to
submit items to the BBS even though I have been monitoring all
your comments for about a year and a half now!  This came at a
good time for me because I am having a BIG PROBLEM and need some
advice from others who have working dogs.

I have Osteogenesis Imperfecta (Brittle Bones) and use a wheelchair.
I have a terrific service dog named Vicky who was certified by CCI.
She is a German Shepard/Doberman mix yet is very petite.

My husband, Dan, and I were in Albany Oregon the weekend of April 20th
attending a state-wide Rabbit and Guinea Pig show.  We live in San Jose
California but decided to go up there to the show and visit some friends.
I of course took my dog with me.  We arrived that Saturday morning about
7:15 to get our animals checked in for the show (we breed Guinea Pigs).
Everything was going great until about 11:45 am.  Dan was taking Vicky
out for a potty break (due to accessibility it was safer for him to do it)
and was headed out a different door than he had used earlier in the morning
(because I had asked him to find out where the raffle table was) when this
lady ran up to him and said that he had to take the dog out of the
building.  He explained that she was a service dog for his wife (I was
sitting about 50 feet away) and that she had a legal right to be there.
The lady said that she didn't care what the law was that he had to leave
with the dog.  He again said no and she said if he didn't leave that she
would physically throw him and the dog out (she was a decent sized lady).
In the meantime, poor Vicky is getting stressed at the yelling.  She
had instinctively stepped between Dan and the lady for Dan's protection
I guess.  The lady reached down and grabbed the handle on Vicky's
backpack and tried to pick her up by the handle.  Since the pack is just
hooked around her front legs she didn't succeed but did manage to give
Vicky a good jerking.  Dan grabbed her arm and told her to let go.
A guy ran up and asked Dan to see Vicky's ID.  They came over to me and
I pulled out my id card and the guy said ok she can stay.  He went over
and told the lady the dog could stay.  Both the lady and the guy were
working in an official capacity at the show.

I told Dan that I had better escort him to the door since they were
making such a stink about it.  When I did, we walked by that lady and
she looked at me and said... "You think you're smart don't you!
Well I don't care what the law says, if you have to have a dog with you
then you have to leave too!"  I told her that I wasn't going to leave and
if she didn't like it, she could call the police.  I kept going but she kept
yelling.  She said that if my dog hurt any of the animals there that she
could shoot her on the spot according to the Oregon State Livestock Law
and she would!  This lady was obviously crazy.  Vicky was behaving
appropriately.  She wasn't paying any attention to the animals.  We have
guinea pigs and a rabbit at home so she could care less.  She also didn't
bite, growl, or bark at anyone, not even at the lady that grabbed her.

On the way out the door I had 5 or 6 people tell me that I had to leave
with my dog.  Couldn't I read the signs, it said no dogs.  Then another
lady who was working at the show said she's right you know.  We don't
care what the law says, you have to leave.  I was getting madder and madder
by the second.  It was obvious to me that they had a problem with dogs
and it would have been any dog that would have been there, it wasn't
anything personal against my dog.  When Dan asked the lady that grabbed
Vicky what would happen if a blind person came in with a guide dog (which
is always a possibility right?) she said, "Well, a blind person wouldn't
have much to see here now would they?"  That made Dan even more upset.

Well, needless to say, we took Vicky out of the building and went to lunch
to calm down.  When we arrived back the head of the show came over to talk
to us.  He apologized and said that Vicky could stay.  He also said to
forget getting an apology from the lady and that he would say something
about Vicky to the people at the banquet that evening.  All the people who
were giving us trouble were rabbit exhibitors and it made the guinea pig
exhibitors furious.  (I think we may have started a feud up there!)
He said that we should have let him know that we were coming with Vicky
and I said that we did not have to do that and that since the show was
open to the public, anyone could attend and the law doesn't say anything
about calling before you bring your working dog with you.  He then said
that they had no way of knowing that she was a working dog.  How many
dogs wear a blue and yellow backpack that says Canine Companions for
Independence and has a picture of a person in a wheelchair and a dog
on it?  Then he said that it was all because Dan was with the dog and
they didn't see me.  Well, the building was not that big, we had been there
since early in the morning when it was pretty empty and they saw us come
in!  So then he said that Dan shouldn't be taking the dog out to the
bathroom.  Well, later I asked CCI about that and they said that there
is nothing wrong with that.  As long as Dan isn't trying to impersonate
me and since I was right there in the room, it is no big deal.  Everyone
knows when they travel with their dog they never know what they are
going to run into as far as places to walk their dog for potty breaks
and you have to take your safety and that of your dog's into consideration.

Needless to say we didn't bring Vicky back into the building because she
was stressed and we didn't know if that lady had a gun and might shoot
her for the heck of it.  We had paid money to enter our animals and
were not going to withdraw them.

Here is where the big problem comes in.  Later that day Vicky started
having spasms in her right rear leg.  They got worse and worse.  We
thought they were stress related.  They weren't continuous and didn't
seem to happen at any particular time but when they happened, she was
in a lot of pain.

To make a long story shorter, the show ended late Sunday afternoon and
we got home Monday evening.  The rest of the show was kind of awful
because we had to listen to people argue about if Vicky should be allowed
in the building or not.  We also found out that the head of the show
never did say anything at the banquet about Vicky - we didn't go (not
because of Vicky, but we hadn't planned on going in the first place).
We got home late Monday evening and that Tuesday morning I called her
vet.

Her vet looked at her and discovered that Vicky had a pulled or torn
knee tendon and that her kneecap was dislocating.  OUCH.  She said
that could only be caused by a quick tork to the side and not from
straight jumping in and out of the van.  She said that she was sure
it was caused when that lady grabbed Vicky's pack and yanked on it.
Two weeks of rest for Vicky and possibly surgery.  I called CCI and
reported the injury.  They said that they have had other dogs attack
their dogs but never a person.  They didn't know what to tell me to
do.  I called the head of the show and he said that they would turn
her vet bills into their insurance co. and if they wouldn't pay, their
club would.

Well, two weeks later it still wasn't better and Vicky had to see
an orthopedic surgeon for dogs.  Last Thursday, she had major surgery.
She now has a pin in her knee.  The specialist said that he is certain
that what this lady did to her caused the injury and he would testify
to that.  He said that he xrayed both hips and did a thorough exam and
it definitely wasn't congenital.  He said all the damage done was
definitely fresh (he could tell right away when he opened her up).  She
has to have 8 weeks of rest and it will be 3 to 6 months before we
can put her into retraining.  The vet said that she will get arthritis
in that knee and there will be days that she won't be able to work
because of that pin (possibly weather sensitive).  He said that it
will cut her working career short and that he probably will not allow
her to pull my wheelchair at all anymore.  He isn't sure yet and will
not know for several months what the extent of the damage is and if
she will be able to do enough to remain certified.

The head of the show in the meantime decided they probably weren't
liable and hadn't reported it yet to the insurance.  I suggested he
do so before I called them myself.  I have filed a police report in
Albany and they said due to the circumstances of the incident, that it
will go before the DA (which could mean nothing with my luck).  Their
insurance agent called and can't believe the whole thing happened.  He
said he talked to witnesses who said that yes the lady grabbed the dog
and yes that was wrong but she couldn't possibly have hurt the dog.  My
reply was that they are not veterinarians so how can they make that
judgment.

Now I am looking for an attorney to handle the case, ideas on what to
do, and trying to figure out how to quantify in dollars what it means
when you don't have a dog to work with you.  This is really tough.
Any ideas, suggestions?

Vicky is doing some better but is still in a lot of pain.  The splint
comes off next Tuesday and then we have to start physical therapy.
I don't want to let this lady or this group of people get away with
this!  Besides which, she has about $2,000 in bills already.

I would appreciate hearing your thoughts!
Thanks,
Sandy

cmfaltz@phoenix.princeton.edu (Christine Marie Faltz) (05/22/91)

Index Number: 15757

Sandy, I am so sorry about everything you went through.  You don't know
how much I wish I was already a lawyer instead of only about to start
law school!  I'd give this wench and the others a hell of a time--they'd
never deny access or assault another dog again when I got finished with
them.
	First of all, try your local Human Rights Division.  Make it
clear that you want medical costs, punitive damages and the like.
Although you do not live in New York, there is a group which can put you
into contact with lawyers--inexpensive or pro bono lawyers!--who can
help you.  The group is called New York Lawyers for the Public Interest.
They have been very active in fighting for the rights of persons with
disabilities, and they have contacts throughout the country.  I believe
they have a toll-free number, but it won't be available from your area
in all likelihood. Call New York information (212) area code and ask for
their number.
	A last resort--or a simultaneous resort--would be to put an ad
in the paper for information or attorneys.  Don't give up, and most
important, check the statute of limitations on cases such as this--if
there are any!  They may be trying to stall you.  Good luck!  Please,
PLEASE let us--or at least me--know what hapens.  I will try to get more
information for you.
Christine
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|	Poor is the person 	|	Christine Faltz 		| 
|	whose permission 	|	33 Prospect Ave.		|
|	depends upon the 	|	Princeton, NJ 08540		|
|	perceptions of others.	|		"Who is John Galt?"	|
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Gary.Warren@f5.n382.z1.fidonet.org (Gary Warren) (06/05/91)

Index Number: 15979

Another suggestion would be for her to write the US Civil Rights
Commission.  It's sorta been "defanged" since the Reagan Daze
(::ahem::), but you never know what may happen.
Also contact the US Dept. of Justice.
glw

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