Dog fight ends with hall pass

[Kirsten]

Thursday, September 9,2010
Dog fight ends with hall pass
School admits second-grader with service dog
BY PATRICK YEAGLE

Chewey is trained to calm Kaleb down by pressing his body against the boy, and Nichelle Drew says Chewey helps Kaleb transition from one environment to another and keeps Kaleb from wandering away during the night or at school.

In November 2009, the circuit court ruled in the Drews’ favor, saying the case was “not even a close case” because Chewey fits the statutory definition of a service dog due to his special training by Autism Service Dogs of America in Portland, Ore.

http://www.illinoistimes.com/Springfield/article-7735-dog-fight-ends-with-hall-pass.html

It seems to me they've opened the door for emotional support animals with this ruling.

[Shidash]

Ack... but that organization does not actually train. What do we do now?

[Ilghaus]

How many collars and leashes does that dog wear?

[Kirsten]

That slip collar isn't even fitted correctly, not to mention it is a cheap piece of .

[fledchen]

Is it even safe for a dog to wear both a buckle collar and a slip collar? Couldn't they get tangled or snagged on each other?

[Kirsten]

I use both together sometimes.  The buckle collar holds the tags.  The slip collar delivers the corrections.  The slip collar is fitted above the buckle collar (closer to the head) and if it is the correct size it doesn't tend to move or tangle with the the buckle collar.

[Roxie]

Where was the problem in upholding the Fed definition of SD in this case? With the attorney for the school? Were they not able to argue effectively?  How could that have happened?

I can't believe this... and the decision in appeals.

The child is too young to fulfill the ADA requirements of the handler.

Well..... here come ESA's for public access!

Roxie

[Shidash]

Could it have just been that one judge? Maybe they did not know much about it? The school could go to a higher court, could they not? And just because this happened does not mean that other cases similar to this will follow this outcome, right?

[Roxie]

I gues the family in the Shoals school district in AL need to move to IL to this school districet so their kid can keep the SD in school with him!!!

Roxie

[Shidash]

With the training many of these dogs have that could be a complete disaster.

[AshertoAsher]

Well..... here come ESA's for public access!

I actually have no problem with ESA's for public access. I think it would make for a much better society in general. I wouldn't even mind my tax dollars going to training teachers how to handle service dogs in the classroom, if that's what the law stated was necessary.

What I have a problem with is people breaking the law. But if the law is going to change, it's going to change.

And just because this happened does not mean that other cases similar to this will follow this outcome, right?

There's a doctrine called stare decisis that most judges in common law countries follow. Essentially it means that judges follow the precedent of other judges, especially of higher courts. This isn't a very high court but it may still be a persuasive ruling for other courts of similar or higher and especially lower jurisdiction. So, essentially, the answer to your question is "maybe". This ruling is a persuasive ruling for other states but not a binding one.

[Shidash]

The thing is that the law does not give ESAs public access now. If it changed I would be fine with it but it has not so this case upsets me. Also, thanks for your explanation. Does anyone know if there have already been other rulings in similar cases or is this the first?

[Kirsten]

We have enough problems now with inappropriate dogs in public without encouraging even more by permitting ESAs.  I'm not opposed to ESAs in public per se, but ONLY if they have been trained to behave properly and have suitable temperaments.

We know that 1 in four people in this country has a mental illness, and half of those have a dog.  Do we really want to encounter 1 in 8 people dragging a pet around and claiming it as a service dog?  I think not.  That's why this is a bad precedent.  All the dog does is provide emotional support.  People already blow off service dog training as it is.  Give them an even bigger loophole so that they think all they need is a nice doggy they love, and we're lost.  At least with task training as the litmus there is some sort of assumption that the dog is trained.  If a person can train tasks, the hope is that they can also train a dog to behave properly.  Not always true, of course, but something is better than nothing.

If we had nationally standardized certification, then I'd be a-okay with public access ESAs.  And I'd be a lot less nervous in general when encountering a vested dog in public.

[jesirose]

How many collars and leashes does that dog wear?

I was thinking the same thing. He's got a halti, a buckle collar, a chain collar, and the leash is attached to the vest! wth?

[state_of_nowhere]

Well ya know, some like to wear their bling all at once...