# I hope he wins!



## Samba (Apr 23, 2001)

Retired Chicago cop?s service dog not welcome in Iowa town - Chicago Sun-Times


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## Andaka (Jun 29, 2003)

That is just too sad. The dog never even threatened anyone. I'm thinking the town is in for a rude awakening about federal law.


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## Samba (Apr 23, 2001)

I am glad he is willing to go through the hassle and bring the case. That is some silliness that needs to stop.


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## ILGHAUS (Nov 25, 2002)

Interested parties - keep your eye on this case as it is expected to become a landmark case.

It *may be* in direct violation of Dept. of Justice when the revised ADA addressed the issue of breeds of dogs being used as SDs. Breeds that are banned in any area are exempt.

The problem will be -- can the handler prove that his dog was trained to mitigate his disability? A very good point brought up by my friend Kirsten Richards, owner of Service Dog Central, is that the dog is 5 years old and owned by the handler since a pup. The owner's stroke happened 3 years ago so is the dog owner trained? Or as was mentioned at least once that the dog is a *certified* SD in which case certified by whom? Was this another case of certification via the Internet in which case the handler will have the burden of proof completely on his shoulders.

If owner trained, can the handler prove to the satisfaction of the court:
Is the dog acting on training (obeying cues) and not on instinct?
Can the owner demonstrate the training to the judge's satisfaction?
Did this individual keep any type of training logs or other documentation? 

If certified by a trainer or agency:
Will this trainer or agency stand behind their certification in court?
Can this trainer or agency supply documentation of training?

These cases are not always clear cut and why final decisions can go either way in the legal system. Breed ban discrimination will not hold up in court if the dog is found to be a SD via the legal system so it will fall on that point. Is this dog a SD per the ADA or is it just a well trained house pet owned by a disabled person?


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## CarrieJ (Feb 22, 2011)

I shared this via BADRAP through my facebook page.
Although, I completely agree with the points that ILGHAUS brought up; too many "service dogs" are not service dogs ie: trained or certified. My friend was bit in the face (with punctures and bruises) by a mastiff that allegedly was a service dog. Um, service dogs don't resource guard their owners in my understanding of the term: service dog.

I do take issue with idiots coming up with Breed Ban Legislation rather than swift and harsh penelties on animal abuse and people that fight dogs. That's "lazy legislation"

Seriously, if you look up penelties for the most horrific animal abuse cases they are pretty much a slap on the wrist.

I'm pulling for Jim.


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## chelle (Feb 1, 2009)

I'm ashamed my fellow Iowans would go for this crap. Unbelievable to me.


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## ILGHAUS (Nov 25, 2002)

Iowa State Law does not mention exceptions of SDs from breed bans .... so the defense of this dog will rest solely on the Fed. requirements of being considered a SD. 

So now the questions looming are:
1) Who certified the dog? (Handler stated the dog was certified.)
2) Is there any documentation showing training?
3) Can the handler demonstrate in Court the dog's "Trained Tasks"?


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## chelle (Feb 1, 2009)

It's on the news right now... will update in a minute..


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## chelle (Feb 1, 2009)

Here is the newcast from tonight on this issue:





 
It was taken from my cell, sorry for the poor quality.


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## ILGHAUS (Nov 25, 2002)

Thanks chelle for the link.

What we were afraid of -- National Service Animal Registry. Not a certifying agency with testing, evaluation, and scoring. Internet pay and sign up.

Have to remember that certification is not a requirement. Organizations certify their dogs according to their own in-house requirements and standards. 

There are on-line places to go where you can buy a certification with just a few clicks and a valid credit card.

------------------------------------------------------------
Quote:
*Yes, You Can Take Your Dog With You!*
It's no secret that many businesses simply aren't pet-friendly, even though most of the population is. A large number of our clients register their dogs as Certified Service Animals not just to accompany them into stores, restaurants, motels, or on airline flights (for no extra cost), but to successfully qualify for housing where pets aren't allowed. Our Service Dog Certification documents formalize and simplify these processes and make qualifying for special housing hassle-free. If you and your service dog become certified with NSAR, both of you are immediately protected under federal law (ADA).

http://nsarco.com/


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## ILGHAUS (Nov 25, 2002)

Cheryl Hanna, Pet Rescue Examiner
December 28, 2011

Quote:
This morning during a federal court hearing, the judge granted a preliminary injunction ordering Snickers, the service dog to be returned to his family.
City of Aurelia ordered to return disabled man's service dog - National Pet Rescue | Examiner.com

Remember this is temporary and if James Sak can not prove to the court's satisfaction that Snickers is a SD then he will not be exempted from the breed ban under the ADA. 


Preliminary Injunction: 
_A temporary order made by a court at the request of one party that prevents the other party from pursuing a particular course of conduct until the conclusion of a trial on the merits._
Preliminary Injunction legal definition of Preliminary Injunction. Preliminary Injunction synonyms by the Free Online Law Dictionary.


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## AbbyK9 (Oct 11, 2005)

I have been following this case with interest as well. 

I think most of it will hinge on whether the handler is able to prove that the dog has been trained to do specific tasks to help him with his disability. If he can explain *and* demonstrate some of the tasks in court, that would be fantastic. If he can show training logs and where he's worked with various trainers, even better.

I think he's seriously hurting his case by having it made public in his interviews that the dog is "certified" with the National Service Animal Registry. I don't see any good coming from that ... except possibly more awareness of these junk registries and that they're best avoided and should probably be put out of business.


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## Chicagocanine (Aug 7, 2008)

I know people who have legitimate service dogs and have bought an ID card or "certification" online so just because he has one of those does not automatically mean the dog is not really a service dog. Some people also do not know, even SD handlers, that these registries are not legit.

Is there a requirement of more than one task? My understanding is the ADA does not specify a certain amount of tasks a service dog must perform to be considered one. So wouldn't they have to just demonstrate one of the tasks the dog does?

This article says the dog was trained to assist him:


> For two years Sak worked with Aileen Eviota, a physical therapist with the University of Illinois Medical Center in Chicago, to improve his functional capabilities and live more independently through the use of a service dog. “Snickers has been individually trained to assist James with tasks which mitigate his disability, including walking, balance, and retrieving items around the house,” said Eviota in a letter to the Aurelia Town Council dated December 2, 2011.


Link: Town Council in Iowa Forces Disabled Veteran & Retired Police Officer to Relinquish Service Dog : RushPRNews - Newswire & Global Press Release Distribution


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## AbbyK9 (Oct 11, 2005)

> I know people who have legitimate service dogs and have bought an ID card or "certification" online so just because he has one of those does not automatically mean the dog is not really a service dog.


Yes, I am aware that people with legitimate Service Dogs often use these organizations that produce ID tags for the dogs to "register" their dogs or to have "official-appearing" ID for their dogs. Sadly, many do it because it is easier for them to "prove" their dog is a Service Dog when they can show an official-looking ID tag when challenged by the overzealous mall cop than it is trying to explain to others that certification is not required. But ... there are also TONS of people that get these IDs who just want to bring Fido wherever they go.



> Is there a requirement of more than one task? My understanding is the ADA does not specify a certain amount of tasks a service dog must perform to be considered one. So wouldn't they have to just demonstrate one of the tasks the dog does?


The specific wording in the ADA is "tasks" in the plural. It does not specify how many tasks the dog must be trained to perform, but it does specify that these must be demonstrable, trained tasks. I believe it's through existing case law (prior court cases) that the recommended minimum number of tasks is often cited as being "three or more".

What the physical therapist wrote in the letter is pretty much what the ADA requires. That the dog has been individually trained tasks that mitigate the person's disability, and gives some examples of tasks (brace/balance work and fetching items).


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## Chicagocanine (Aug 7, 2008)

AbbyK9 said:


> Yes, I am aware that people with legitimate Service Dogs often use these organizations that produce ID tags for the dogs to "register" their dogs or to have "official-appearing" ID for their dogs. Sadly, many do it because it is easier for them to "prove" their dog is a Service Dog when they can show an official-looking ID tag when challenged by the overzealous mall cop than it is trying to explain to others that certification is not required. But ... there are also TONS of people that get these IDs who just want to bring Fido wherever they go.


That's true, and unfortunately the websites for a lot of those seem to be geared towards the pet owners who just want to bring their pet everywhere...
I also know people who will show their dog's "legit" ID card (such as with a dog trained by a school) if they are challenged for access. I know that some people don't like this because it makes people think that they can ask for ID or that real SDs will have an ID card like this and if someone doesn't have them they might try to deny them access. So I can see where that can be a problem too... For example my BIL has an ID card from the guide dog school and it also has the relevant ADA section on the back.


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