I couldn't get to school with my SD

[TwitterMouse]

I had a class in NYC, an expensive class that I've been saving up to go to for a long time. I took the bus from my usual college to the train station, and then got on the train. The conductor said I wasn't allowed, and that my dog wasn't a service dog because we tripped up the stairs. The stairs are nearly as tall as her, and I'm just generally clumsy. She's an alert dog, not mobility. The guy told me to get off the train, and I said no and told him service dogs are allowed and she's my service dog. He said I had to get off the train or he's call the cops. So I called the cops for him (I've found it helps to call and tell them up front it's a service animal so they don't come under the impression it's a stupid kid with a dog.) Cops came and said I need a disability card. huh? I said I don't and pulled a copy of the ADA service dog rules out of my pocket (lucky break having that, I'd only printed it to show my friend a cute picture on the page!!). He said I needed the card because the TRAIN COMPANY said so and they get to make the rules. I don't have said card, and at this point I was starting to panic, and my SD was tugging to get me to go sit down. Then the cop said that I wasn't allowed on the train at all, even to get my things. The train guy brought my stuff to me, but I have a big hangup about people touching my stuff. Then the train left. I didn't get to go to class (it was the last one and we were sequencing DNA!!! GRRRR!!!). I had a complete panic attack,my SD dragged me over to sit down and put her feet on my shoulders (it's what she's supposed to do, it calms me down). I was trying to stop hyperventalating and breathe, but the cop kept talking and wouldn't go away and then threatened to call and ambulance and I told him I was fine, and I had my mom get me, but the cop like sat in his car staring at me until mom came.

Then that night I was still upset and was crying so my SD tried to calm me down, failed and went and woke up my parents. It took them like an hour to calm me down enough that it was safe for me to be alone, but I didn't sleep and now I've got chem class, which I've got to take the bus to and I'm terrified the same thing will happen again on the bus. I wasn't scared before because in the past if I've ever had to call the cops, the cops knew what the ADA is and didn't think that some train company gets to ignore laws. Except now apparently cops do not know.

My mom is getting a lawyer, and she's sueing the train people. Which is odd. We've tried like everything, so I dunno... seems like the only option really. I can't drive, I need trains and buses to get around.

Anyone have any advice or support? I could really use it.

 

[SueM in MN]

First
Second, take a deep breath.
Third, if you haven't already, write down as much specific information as you can - the time, the train number, anything you can remember about the conductor or the policeman. Look at your cell phone called numbers to see what time it was that you called.

Have you contacted the train company - other than the conductor?

I would contact the train company before getting a lawyer because I can guarantee you that someone higher up than the conductor does know the law. Don't just call and speak to a secretary; you want to go up as far as you can to a manager.

Do the same thing with the police. You called them for assistance and they abused you.

For both the police and the train company, write a letter to the highest up person with the facts. Try to be calm and just state the facts as clearly and consisely as you can.

I'm also not sure what page about Service Dog rights you printed out, but if it is the Department of Justice one (there is a link on the disABILITIES FAQs thread of the disABILITIES Board), there is an 800 number on there to call with questions/concerns/reports. Call that number and explain what happened.

If you feel like going out on a limb, you could contact your local TV station. If they have a consumer reporter, that would be the best person to do a story.
Some other resources - if your state has a Disability Law Center, Council for people with disabilities, etc. Google a bit and I'm sure you will find people who can help.

I would only get a lawyer as a last resort because a lawyer will cost you and there are many resources that can help without you paying.

This is kind of just off the top of my head; I'm sure others will be along with more help;.

 

[ireland_nicole]

Oh, I don't have anything useful, but wanted to send you this Listen to SueM, she's one smart lady.

 

[ecki]

Aren't the train companies run by the state? (MTA or New Jersey Transit) Can they even have special rules?

 

[SueM in MN]

Oh, I don't have anything useful, but wanted to send you this Listen to SueM, she's one smart lady.

Just old and experienced

 

[perla75]

Hi there,

First off, I am so sorry for your ordeal. It sounds like a horrible thing you had to go through and it makes me absolutely sick that you were treated that way, by both the train conductor and by "so-called" law enforcement.

I am not well versed on this, but I did a little Google search. This may/may not come in handy for you:

http://sdog.danawheels.net/

Scroll down & click on the link that says
The first thing you need to know is that certification/tags/ID cards/certificates ARE NOT required.

I apologize in advance if this has nothing to do with what you need. I encourage you not to give up on this and let this situation slide. It sounds like what they did to you was absolutely unfair and discriminatory.

 

[Ms_Butterfly]

You were in the right and the train employee and cop were in the wrong (although the cop did the right thing by not leaving you while you were having an attack until your mother came).

The train guy was an idiot to say your dog wasn't a real SD because you both tripped on the stairs! Anybody, disabled or not, and any dog, pet or SD, can trip at any time.

One thing to do in such situations is to have the train employee call dispatch/a supervisor. If he refuses or they can't help, calling corporate/company HQ or the ADA Hotline may help. The next step would be the cops, however the cops don't enforce federal laws like the ADA. They enforce local and state laws. So, know your state's SD law and have the cop enforce that (or have him have somebody back at the station look it up, if he doesn't know it).

You can have the DOJ (Department of Justice) send the train company information about SDs. (An envelope from them looks a lot more trustworthy to companies than "some Internet print-out" if they think you're in the wrong/making it up/they can make their own rules/etc.) You can also make a formal complaint through the DOJ, but do be aware it takes a long time (from what they have said themselves). You could, instead, make a formal complaint through a local advocacy group. Or bring it to the attention of the media. A lawsuit is the very last stage and shouldn't be your first reaction. It can be expensive, long, emotionally rough, and there is always the chance that you won't win, even though you're in the right, thanks to he said/she said and that you may not have any witnesses on your side.

You do not need any type of train card or other paperwork in the US to prove to them that your SD is real. When asked, you do have to answer that it is your SD (not a pet), that you're disabled, and say what tasks the dog has been trained to do that mitigate your disability. You do not have to tell them what your disability is (but that will all come out in court, as can your medical records and dog's training records and such).

Speak to your professor and see if there is a way you can make up the class you missed (tell him what happened). I hope you can make it up!

Please don't be scared of another confrontation. They do happen sometimes, but are usually not as bad as the one you went through - and when they are, know that you are in the right and you can and will do something about the problem. Hold your head up high and walk in confidence!

 

[dclfun]

I,too, am so sorry this happened. Some places of business think they are above the rules. Our local Walmart, for instance, has a store manager that refuses to allow police to ticket cars illegally parked in handicapped spaces. I'm in the midst of investigating whether they can make up their own rules as a private business or have to follow federal law. Hopefully your call to a supervisor at the train company will result in some education and training being provided to their drivers regarding SD access. Then it sounds like your local police need some training too. Since there's no monetary gain from suing and it would be quite stressful for you to go through a trial I'd take Sue's advice and use the other resources first. If you did win a suit, the only thing the company would be required to do would be retrain it's employees, perhaps pay a small fine, and you'd also take the chance of losing. Right now the ADA is quite restrictive and unfortunately depending on the judge you might get, they could decide that you were in the wrong for a ridiculous reason. I don't want to assume anything but it sounds as though you are young without a visible disability and using a small breed SD. Unfortunately there are people fraudulantly representing themselves as disabled so they can bring their pets with them and celebrities appearing on TV with little dogs in purses aren't helping! Since that's not at all what you were doing yet you were judged as not having a "real SD" it's even harder to be the victim of a wrong and hurtful assumption. A young woman who has posted here in the past has a chihuahua alert SD and has also been questioned before- kind of like "profiling". It sounds like your SD did really well and should be commended on his bond and training to help you. Hang in there!---Kathy

 

[OneLittleSpark]

I'm so, so sorry that you had to go through this! I've not really got much in the way of advice, other than what has already been said. Just keep fighting it, don't give up and hopefully it will work out for the best, with everyone involved a little wiser on the law.

I hope you're feeling better now, hugs to you and kudos to your SD (is she Tinkerbell, or am I getting confused with someone else's dog? The brain fog has settled in today!) for doing her job so well, and looking out for you!

Good luck!

 

[Eeyores Butterfly]

I don't have any advice other than what the others have said, but I am sorry that you went trhough this. Please keep us updated.

 

[dclfun]

Yes, please do keep us updated. The more I thought about what happened the angrier I got for what ignorant judgemental people put you through. Not only did it prevent you from getting to your class ( which I hope gets worked out with your professor ) but the whole incident was humiliating and endangered your health and well-being. I'm still steaming over it and I wasn't even there nor do I know the OP.---Kathy

 

[LauraVV]

Hi, there!

A few ideas for you. My kids have service dogs. We got them from an agency. If you got your dog from an agency you might want to call them for advice.

My son has had issues when he went to an Asian restaurant. It was a buffet and they didn't want him to take the dog with him into the food area. Of course, he didn't tell me until months later (ARGH!!!). My daughter's school didn't want her to take her dog to school. I couldn't afford a lawyer and didn't want the lawyer risk if we could help it at all. (Losing a case is not good.) I called our state's Attorney General's office. In our school code, it says that service animals are allowed to attend school with children. The Attorney General's office worked out the problem.

Do you have a lawyer friend who is willing to write a letter to the transportation company telling them about the legal violation? Do you have a local human interest reporter who would take on the story? Could your mom fight this battle for you (since it's causing so much anxiety and it's difficult to appear knowledgeable and serious when you're anxious)?

We have people approach us from time to time asking us if A) the dog(s) are(is) in training or B) is that a "Guide Dog". I usually say no and go on. They are neither. If the person persists (they usually do) I tell them that no, the dogs are working dogs and that they are service animals. I tell them that they're asking the wrong question, that Guide Dogs are a very specific "brand" of assistance/service animal.

http://servicedogcentral.org/content/
http://www.nal.usda.gov/awic/newsletters/v7n2/7n2hende.htm
http://www.mobilityfreedom.org/Service_Animals.htm
http://ntl.bts.gov/DOCS/96-0138-7.html
http://www.ada.gov/svcanimb.htm
http://airconsumer.ost.dot.gov/rules/20030509.doc

 

[Ms_Butterfly]

I'm in the midst of investigating whether they can make up their own rules as a private business or have to follow federal law.

No, they are a place of public accommodation (they serve the public) and, therefore, they are required to follow the federal (and state and local) laws. That means they must follow the ADA. And police are not trespassing when upholding the law (such as fining ppl for not putting their h/c tag in their window or parking where they shouldn't).

The only places that aren't under the ADA are religious organizations (i.e. churches, temples, etc. - except parts rented by a non-religious company, i.e. a preschool renting space in a church) and private clubs that don't serve the public (I don't know of any examples, sorry) and, of course, private homes (except parts of said homes that are used as a business where the public goes, such as an office or store in somebody's house - everywhere there that the public is allowed, like offices and restrooms and customer store areas, are under the ADA whether or not they are also part of the private living area [i.e. a bathroom that is part of the family's living space but that the public is allowed access to]).

 

[LauraVV]

No, they are a place of public accommodation (they serve the public) and, therefore, they are required to follow the federal (and state and local) laws. That means they must follow the ADA. ....
The only places that aren't under the ADA are religious organizations

Transportation laws are a bit different from ADA as are those laws governing access in public schools. For example, airplane laws concerning service animals are a bit different from ADA laws.

 

[mechurchlady]

If I lived within 50 miles of you I would drive you to class in the dead of winter. The ladies have given you lots of advice that is good. I can only tell you to hug your SD and think of me as I send you hugs and chin up. I also would recommend the media as an option. Contact your school and explain the situation as they might make an exception. Hugs again.

 

[Eeyores Butterfly]

Laura: Could you please explain the difference between the transportation laws and the other laws under the ADA? I'm not really familiar with the whole thing.

 

[LauraVV]

Some information about DOT and ADA and just some links about service animals.

http://airconsumer.ost.dot.gov/rules/20030509.pdf

http://www.deltasociety.org/ServiceInformationFaq.htm
http://www.deltasociety.org/ServiceAccessDenied.htm
http://www.iaadp.org/
http://www.iaadp.org/access.html
http://www.iaadp.org/doglaws.html
http://servicedogcentral.org/forum/index.php
There is a discussion board about transportation issues

IAADP is a great organization for those with service animals.

 

[Ms_Butterfly]

Transportation laws are a bit different from ADA as are those laws governing access in public schools. For example, airplane laws concerning service animals are a bit different from ADA laws.

The post you quoted was actually concerning Wal-Mart, not the OP's train situation (which I keep thinking was a bus situation for some reason ).

Airplanes are under the ACAA (Air Carrier Access Act). (Note that the revised ACAA regarding service animals and some other things goes into effect in May.)

 

[TwitterMouse]

I see a lawyer (for free) in two weeks.
I've contacted the media, they've not gotten back to me.
My professor filled me in on what I missed, which was good. Not as good as being there though.
That's all I've got for now.

 

[Ms_Butterfly]

Thanks for the update, Twitter! I hope everything works out for you!!!

Please continue to keep us updated.