Requested to remove service animal from physical therapy area.

[walkssoftly]

What is the name of your state? Az.

Please.. I would appreciate any help that can be given. I am disabled and use a service animal to help keep my balance.
I was placed in pool therapy, my service animal was tied near the poolside, out of the way of others. The owner of the club came into the pool area and started yelling about the "dog". I spoke up and quietly identified the "dog" as as mine, and explained that he was a service animal. The owner continued to yell loudly that he didn't care what he (service animal) is, and that I should get it out.. Tie it to a tree outdoors or something. The police have charged him with an ADA violation. Since then, this man approached me again and suggested I put the dog in another room while I was in pool therapy. I informed him that I needed the service animal, as when I get out of the pool, I am even weaker yet.. Still he stated other options that he wanted me to take. All which would place the service animal out of my reach. This man also called the physical therapist, and told her that she "had better call that gal, and get her to drop this charge."
The hearing was over on the 7th of Oct. 2005, and we were to be contacted as to what the Judge's decision was. Guilty or Not Guilty. Upon calling my attorney yesterday, 9/31/05, I was told that the judge has told the city attorney that she needed further proof of the law in Az in referance to seperating a service animal from their owner. The city attorney does not sound at all sure what to do!! This information is needed before Thursday of this week, in order for the judge to make a final decision wether the this man is guilty or not guilty.
This is extremely upsetting, and I fear that if this man is found not guilty, then it wlll weaken the law of ADA...
My question is.. Does ANYONE have information on the Az law in referance to this issue? Please, if you do, contact me?
Thank you in advance for your input..

Walkssoftly

 

[seniorjudge]

What is the name of your state? Az.

Please.. I would appreciate any help that can be given. I am disabled and use a service animal to help keep my balance.
I was placed in pool therapy, my service animal was tied near the poolside, out of the way of others. The owner of the club came into the pool area and started yelling about the "dog". I spoke up and quietly identified the "dog" as as mine, and explained that he was a service animal. The owner continued to yell loudly that he didn't care what he (service animal) is, and that I should get it out.. Tie it to a tree outdoors or something. The police have charged him with an ADA violation. Since then, this man approached me again and suggested I put the dog in another room while I was in pool therapy. I informed him that I needed the service animal, as when I get out of the pool, I am even weaker yet.. Still he stated other options that he wanted me to take. All which would place the service animal out of my reach. This man also called the physical therapist, and told her that she "had better call that gal, and get her to drop this charge."
The hearing was over on the 7th of Oct. 2005, and we were to be contacted as to what the Judge's decision was. Guilty or Not Guilty. Upon calling my attorney yesterday, 9/31/05, I was told that the judge has told the city attorney that she needed further proof of the law in Az in referance to seperating a service animal from their owner. The city attorney does not sound at all sure what to do!! This information is needed before Thursday of this week, in order for the judge to make a final decision wether the this man is guilty or not guilty.
This is extremely upsetting, and I fear that if this man is found not guilty, then it wlll weaken the law of ADA...
My question is.. Does ANYONE have information on the Az law in referance to this issue? Please, if you do, contact me?
Thank you in advance for your input..

Walkssoftly

If the city attorney in Arizona cannot find it, then do you expect us to?

 

[walkssoftly]

Common sense

If the city attorney in Arizona cannot find it, then do you expect us to?

Basically, I was hoping that someone might have more information. Ppl aren't perfect , and I believe it's obvious that some attorneys are better than others.. then again, maybe not better but more educated in certain areas of the law...
Thank you......

walkssoftly

 

[rmet4nzkx]

Contact your independent living center they will have advocates who can answer that question, however ADA is federal law which sets a minimum standard for the whole nation AZ may also have codes at least as strong as Federal ADA. Service dogs would fall under the same category as vision/hearing dogs. A compromise would be to have the dog wait in a safe area so they don't dirty the pool or deck and someone get the dog and bring it to you when you are done. Or you have a walker to assist you. What breed is your dog?

 

[walkssoftly]

Service animal

Contact your independent living center they will have advocates who can answer that question, however ADA is federal law which sets a minimum standard for the whole nation AZ may also have codes at least as strong as Federal ADA. Service dogs would fall under the same category as vision/hearing dogs. A compromise would be to have the dog wait in a safe area so they don't dirty the pool or deck and someone get the dog and bring it to you when you are done. Or you have a walker to assist you. What breed is your dog?

Thank you for your input.. I'm not sure what you mean by "Independent living center" The facility that I was doing physical therapy at, is not in a subdivision where I live, if that is what you mean. I will be putting in a call to the ADA tomorrow, and thank you for that, yet it seems?? That the judge wants to know exactly what the Az law is in accordance with this issue. I thought the federal ADA law held power over all states, but I guess?? I thought wrong!...I'm still not sure.
Part of the issue in question was wether the animal caused any disruption or danger to the facility and it's clients. This was proven that this was not the case. The animal was not in the way, nor hostile, and in fact, the clients using the pool area all found the service animal to be well trained, well behaved, and pleasant to have around. Some of them actually were in court as witness to this fact. The only person opposed was the man yelling and carrying on, the owner of the pool, whom blatantly stated that he was exempt from the law, because he owned the pool! There was no question over the service animals cleanliness.
The issue now is "What does the Az law state about seperating a service animal from the disabled person."
I am very respectful of others, and under proper conditions I will compromise in reasonable situations. This just was not the proper way to handle this situation, and my rights were severely violated, not to mention the embarrassment and stress caused by this man hollering like a banshee.
Why is it that you ask what breed this dog is? I'm just curious as to why you would ask this..
Thank you.
Walkssoftly

 

[rmet4nzkx]

There are a network od CIL's acros the nation assisting persons with disabilities and ADA issues
Centers of Independent Living Information for
Arizona


For your convenience, each state has several choices depending on the city you live in. The contact information is listed below:

Dewey
New Horizons Community Services
1084 Manzanita Trail
Dewey, AZ 86327

Phoenix
Arizona Bridge to IL
1229 East Washington St.
Phoenix, AZ 85034
Phone: (602) 225-2245
Fax: (602) 225-6407
TDD: (800) 028-2245
Web Site: http://www.jik.com/ilcs.html

Prescott Valley
New Horizons Independent Living Center
8085 E. Manley Dr., Suite 1
Prescott Valley, AZ 86314
Phone: (520) 077-1266
TDD: (520) 077-1266
Email: nhilc@northlink.com
Web Site:

Tucson
DIRECT Independent Living Center
1023 N. Tyndall Ave.
Tucson, AZ 85719
Phone: (800) 023-0344
Fax: (520) 077-8522
TDD: (800) 023-0344

Yuma
Services Maximizing Ind. Living and Empowerment
1495 S. 4th Ave.
Yuma, AZ 85364
Phone: (520) 032-6681
Fax: (520) 032-6715
Email: archwest@neiaw.com


Not sure which is closest to you.
I asked about the breed of the dog because some of the best breeds for therpay dogs are Rotts and they are misunderstood.

 

[walkssoftly]

Thank You!!!!!!!

There are a network od CIL's acros the nation assisting persons with disabilities and ADA issues
Centers of Independent Living Information for
Arizona


For your convenience, each state has several choices depending on the city you live in. The contact information is listed below:

Dewey
New Horizons Community Services
1084 Manzanita Trail
Dewey, AZ 86327

Phoenix
Arizona Bridge to IL
1229 East Washington St.
Phoenix, AZ 85034
Phone: (602) 225-2245
Fax: (602) 225-6407
TDD: (800) 028-2245
Web Site: http://www.jik.com/ilcs.html

Prescott Valley
New Horizons Independent Living Center
8085 E. Manley Dr., Suite 1
Prescott Valley, AZ 86314
Phone: (520) 077-1266
TDD: (520) 077-1266
Email: nhilc@northlink.com
Web Site:

Tucson
DIRECT Independent Living Center
1023 N. Tyndall Ave.
Tucson, AZ 85719
Phone: (800) 023-0344
Fax: (520) 077-8522
TDD: (800) 023-0344

Yuma
Services Maximizing Ind. Living and Empowerment
1495 S. 4th Ave.
Yuma, AZ 85364
Phone: (520) 032-6681
Fax: (520) 032-6715
Email: archwest@neiaw.com


Not sure which is closest to you.
I asked about the breed of the dog because some of the best breeds for therpay dogs are Rotts and they are misunderstood.

THANK YOU!!!!!! I am very greatful for all this information. I will definately check these out! Bless you!
*ahhh * I see... well.. the service animal is actually a boxer.. and he also has been quite misunderstood at times.. but once ppl realize he is a boxer, they recognize the breed and feel more comfortable around him. He happens to be white, which causes ppl that are not familiar with the breed to think he might be a pit or american bull dog, which many ppl fear. If a person knows the boxer breed, they would know that he is definately a boxer.. his father was a show dog, and this service animal has the very distinct confirmation of a boxer. He is very well accepted in this whole town, people have been wonderful. But sometimes it just takes one person to upset things.
Again I thank you very much for your help.. thank you for your time..
Walkssoftly

 

[rmet4nzkx]

You are welcome.

 

[lauramae]

service dog

I also have a service dog if you go to www.deltasociety.org they can help you also the ada states that if federal and state law conflict ,the the law that provides greater protection for the person with the disability will prevail, you can also go to the ada for more info, the delta society also has a card you can print out

 

[tigger22472]

I have a question about this that maybe someone could answer....

If the OP was 'placed' in a therapy pool wouldn't that mean that he/she is in therapy and a therapist would have been available for removal? I understand the need for the service dog and I understand the disability but I wonder if the owner would have any luck with showing that at that particular moment the dog did not need to be at poolside as a therapist would have helped the OP.

 

[walkssoftly]

Thank you!

I also have a service dog if you go to www.deltasociety.org they can help you also the ada states that if federal and state law conflict ,the the law that provides greater protection for the person with the disability will prevail, you can also go to the ada for more info, the delta society also has a card you can print out

Wow. this looks like a very informative site! Thank you (((lauramae)))) this is much appreciated! I have friends that will be able to utilize this also.. Bless you for your help!
Sorry it took a few days for me to get back to you.. I kind of missed this mail in my account!
Thanks again!
This site is great!

Walkssoftly

 

[walkssoftly]

Independence....

I have a question about this that maybe someone could answer....

If the OP was 'placed' in a therapy pool wouldn't that mean that he/she is in therapy and a therapist would have been available for removal? I understand the need for the service dog and I understand the disability but I wonder if the owner would have any luck with showing that at that particular moment the dog did not need to be at poolside as a therapist would have helped the OP.

Hello tigger...
With all due respect...I'd just like to say that I was not "placed" in the pool.. I walked there.. on my own.. with the support of my service animal's help. The reason I have a service animal is so that I can be independent, and not have to depend on someone's help. This means a whole lot to a person with dissabilities in many ways. The security of knowing that your service animal knows just what to do, and is always there. One doesn't have to wait on someone to show up, or not be helping another, or being on a phone, etc. etc. My service animal doesn't take his eyes off me, he is extremely watchful, and knows when I need him.. Sometimes.. lol He knows it before I know it!
It's hard to say that one understands the need for a service animal, or that a person understands the dissability.. unless they themselves have been there, and done that.. I hate to admit it, but I myself recall times when I wondered about someone that may have parked in a wheelchair area, or other scenarios.. I will never again question or doubt anyone.. First of all, it's not my place to do so, but most of all, I've learned how hard, how embarrassing, and frustrating it is to be disabled, especially when it's not something that a person can't visually see... It's tough.. No one wants or needs the embarrassment added to the dissability as it is. So being able to have a service animal that can make life easier, definately helps. The security alone is a blessing. I'd be so lost without my service animal. He is a gift from God, and I thank God for him every day!
Hope this makes some sense to what you asked. I don't know the legal answers, but I sure know how important it is to life to be allowed to be as independent as I can be.
Sincerely,
Walkssoftly

 

[tigger22472]

Hello tigger...
With all due respect...I'd just like to say that I was not "placed" in the pool.. I walked there.. on my own.. with the support of my service animal's help. The reason I have a service animal is so that I can be independent, and not have to depend on someone's help. This means a whole lot to a person with dissabilities in many ways. The security of knowing that your service animal knows just what to do, and is always there. One doesn't have to wait on someone to show up, or not be helping another, or being on a phone, etc. etc. My service animal doesn't take his eyes off me, he is extremely watchful, and knows when I need him.. Sometimes.. lol He knows it before I know it!
It's hard to say that one understands the need for a service animal, or that a person understands the dissability.. unless they themselves have been there, and done that.. I hate to admit it, but I myself recall times when I wondered about someone that may have parked in a wheelchair area, or other scenarios.. I will never again question or doubt anyone.. First of all, it's not my place to do so, but most of all, I've learned how hard, how embarrassing, and frustrating it is to be disabled, especially when it's not something that a person can't visually see... It's tough.. No one wants or needs the embarrassment added to the dissability as it is. So being able to have a service animal that can make life easier, definately helps. The security alone is a blessing. I'd be so lost without my service animal. He is a gift from God, and I thank God for him every day!
Hope this makes some sense to what you asked. I don't know the legal answers, but I sure know how important it is to life to be allowed to be as independent as I can be.
Sincerely,
Walkssoftly

I used the word 'placed' because that was the word that YOU used in your original post. I can only go with what information you gave.

My husband is disabled and needs help getting around at times, less now than previously due to this therapy. However, when in therapy he was not left alone, as he shouldn't have been. So, I have to say regardless I stand by my answer based on the information you gave at the time.

 

[walkssoftly]

Forgive me...

I used the word 'placed' because that was the word that YOU used in your original post. I can only go with what information you gave.

My husband is disabled and needs help getting around at times, less now than previously due to this therapy. However, when in therapy he was not left alone, as he shouldn't have been. So, I have to say regardless I stand by my answer based on the information you gave at the time.

Tigger..
Please forgive me if I've offended you in any way, I sure didn't mean to.. I merely wanted to point out that it is tough being discriminated against...and denied my means of attempting to function as fully as possible without depending on others to help me. It's embarrassing, quite inconvenient, and just not fair of this man that blatantly stated that he is "above the law" and also announced to an officer of the law that this was so! I'm sure you can relate, seeings you have a husband that is dissabled. My dissability will not get better, but worse as time passes. My therapy is basically to help me deal w/ pain. Water therapy has proven to help immensely.
I'm glad to hear that your husband has improved, this is a blessing for sure.
I apologize that my word "placed" was not clear.. what I meant was that my Dr. "placed" me in physical therapy, as in "sending me to" physical therapy.
I meant no offense..
sincerely,
Walkssoftly