Astra Gems

From: (Forwarded E-Mail) 10/31/2009 8:26:30 A.M. US Mountain Standard Time

Subject: FW: LOVE YOUR PETS

GREAT STORY:

This K9 is Brutus, a military K9 at McChord. He's huge - part Boxer and part British Bull Mastiff and tops the scales at 200 lbs.

His handler took the picture. Brutus is running toward me because he knows I have some Milk Bone treats, so he's slobbering away! I had to duck around a tree just before he got to me in case he couldn't stop, but he did.

Brutus won the Congressional Medal of Honor last year from his tour in Iraq. His handler and four other soldiers were taken hostage by insurgents.

Brutus and his handler communicate by sign language and he gave Brutus the signal that meant 'go away but come back and find me'. The Iraqis paid no attention to Brutus.

He came back later and quietly tore the throat out of one guard at one door and another guard at another door. He then jumped against one of the doors repeatedly (the guys were being held in an old warehouse) until it opened. He went in and untied his handler and they all escaped. He's the first K9 to receive this honor.

If he knows you're ok, he's a big old lug and wants to sit in your lap and enjoys the company of cats. [For your convenience, we've converted this photo from bitmap to Jpeg]

Protection & Advocacy Newsletter Issue No. 76 - Summer 2001 Article

Protection & Advocacy has changed their name to: "Disability Rights California, Inc."

Please call them Toll Free: 800-776-5746 for any disability rights related issues...

"Service Dogs help their owners with many tasks. People who rely on Supplementary Security Income (SSI), In-Home Support Services (IHSS), and Social Security Disability Insurance (SSDI) often cannot afford to pay for the food and veterinary care of their service dog needs.

The Assistance Dog Special Allowance (ADSA) program helps by paying $50.00 per month toward a service dog's care.

DSS rules called for professional training

Department of Social Services (DSS) rules said that only service dogs trained by a "professional service dog trainer" could qualify for the ADSA program. But a growing number of people with disabilities train their own service dogs. Many cannot afford professional training.

Whiskey is owner-trained

Martha Sterling and a friend trained Whiskey, her service dog. Whiskey helps Sterling with balance, picks up dropped items for her, and is loving and protective. Sterling has several disabilities and sometimes uses a wheelchair. DSS denied Sterling's application for ADSA benefits because Whickey was not professionally trained.

Challenges DSS denials

Diana Honig, a PAI staff attorney in Sacramento, and Marilyn Holle, a senior attorney in PAI's Los Angeles office, filed a petition for Sterling and three other people who were denied ADSA for the same reason. The petition challenged the denials and DSS/ limited definition of service dogs.

Settlement agreement reached

In January 2001, PAI reached a settlement agreement. Under the agreement, DSS will:

1. Pay Sterling and the other plaintiffs ADSA benefits back to the date of application;

2. Send notices advising people who, because their dogs did not have professional service dog training, were denied ADSA benefits within the last three years that DSS no longer requires professional training;

3. Continue the approval process to make the new regulation final; and

4. Pay PAI reasonable attorney fees.

Whiskey qualifies for ADSA

Sterling says she is glad that Whiskey and other owner-trained service dogs can now qualify for ADSA. "I am very grateful to Diana Honig." Sterling said. "She has done a beautiful job and I am thankful that she represented me."

Blessed with a foul-legged angel

Merle Fontaine was also denied ADSA for her service dog, Sebastian. In an e-mail telling Honig how much the settlement agreement meant to her, Fountaine wrote, "I have been blessed with my four-legged angel [Sebastian] ... I also consider you and Marilyn Holle my angels ..."

This is Xena my 5 year old Service Dog. She has been with me since she was 6 weeks old. She is an "Amstaff" or "An American Staffy". Unfortunately, often mistaken for a "PIT BULL", she is a cross between an English Staffy and an American Terrier. Because of her unique breeding, she is a classic recipe of "a Gentle Disposition Dog". Xena's breed is the only "so-called Pit-Bull" that is "Legal in BSL Great Brittain". Only very naive people who find fault in everything, or really don't want to know the truth about these dogs, see "danger in this gentle breed". The reason is some are mis-informed about certain similarities AmStaffs have to the real pit-bulls. One way to tell the difference is, Xena's longer legs, smaller head, trimmer keel, and very gentle demeanor.

As to all of this, Xena is nothing less than a Loving and Cuddly Ball of Joy For, and To Everyone. She gets along with other dogs, cats, and most importantly, she's friendly with all people.

      
About three years ago both Xena and Fox-E were laying in the open door-way of my home when a tiny kitten walked up to them. Contrary to popular maligning rumor, neither of my dogs attacked the kitten. Rather, after exchanging greetings by sniffing each other, Xena allowed the kitten to pass into the house where the kitten promptly walked to the dog-food and water bowls where she helped herself. Afterwards, the kitten jumped on the couch and promply fell asleep. Since then, claiming the cat as her own, Xena has been very protective of the cat now that she's made our home, her own. All three of them, live, sleep, and play together as a team.

Sadly, Xena due to no fault of her own is the victim of a devastating hysteria that is going around which is BSL (Breed Specific Legislation). Read about BSL by clicking on this line. Both Xena and Fox-E are certified service dogs. Fox-E is Xena's best play buddy and as close friends, they are inseparable. As we are totally disabled, they both help us with many tasks to stay alive and very importantly also, to enhance the quality of our lives under the circumstances.

As to the photos shown above, under Federal Code, please use only for educational purposes.

TASKS: [Their "Job Description"]

Both Xena and Fox-E respond to hand signals and voice commands. Hand signals are: Stay, Come, Stop, Go, Wait, sit, "Go to mama", "Go to daddy", Move, "Never Mind", and No!

They also immediately respond to their name being called by snapping their head up and looking at me. They are excellent with a combination of voice and hand signals.

When we just call their name and stare at them, they will stay put and not move a muscle, while awaiting the next command. This function in particular keeps them from being distracted by kind hearted people who just want to be friendly with them, but while they are "Working".

Since we are both physically disabled, our dogs will stand perfectly still next to either one of us while we are getting out of a chair (carefully not to place our full weight on them as that would be hard on their backs), but rather just enough to stabilize us so that we won't fall over.

The "balancing us" task and the "protecting us" task, were two of the easiest tasks to teach them because they love us and are willing "Working Dogs". What they also do for me specifically is to help me with my "mobility problem" as they "pull me along in a gentle way" when walking them.

When one of us who has a certain disorder that could temporarily "immobilize", both dogs (if the both of them are present), will come running and keep a watchful eye. This will prevent strangers with possible ill motives, from doing any harm while not able to defend ourself.

These kinds of disabilities are commonly referred to as: "HIDDEN DISABILITIES". These kinds of disabilities could include seizures, high glucose levels caused by diabetes, arthritis, and the like such as agoraphoebia, and other types of phoebia's, etc. Not necessarily ours.

Besides our physical disabilities which limits our mobility, our dogs will respond to our so-called "Hidden Disabilites". Sensing a so-called "attack", they alert by licking insistently and whining.

Being disabled such, people like us are vulnerable to abusive people, and those without morals.

Although both dogs rarily or ever bark as they are both quiet and relaxed dogs, when we do go into the house especially at night time, both of them will check out the entire house (bath-room, bedrooms, hallway, etc., and check if it is safe for us to come into the house. If not, they'll bark.

There are other things our "girls" as we refer to them, do for us but most importantly, they really and thoroughly enjoy the company of people. Besides all this, they're loving, cuddly, and just great companions for us - as they protect us with their own lives.

In doing all of these things and protect us, they provide a sense of security, and most definitely, provides a calming environment that is condusive to our better health for which we are grateful.

Scientifically, it's been proven that dogs such as ours, or even other types of animals, will and do help people live longer by willingly and freely giving of their theuraputic healing touch.

THE BAZELON CENTER FOR MENTAL HEALTH LAW QUOTES THE:

Fair Housing Information Sheet # 6 as follows...

 1. The Fair Housing Amendments Act of 1988, Section 504 ... Rehabilitation Act of 1973;

 2. Title II of the Americans with Disabilities Act... PROHIBITS LANDLORDS FROM...

"Right to Emotional Support Animals in 'No Pet' Housing":

          "Advocates and professionals have long recognized the benefits of assistive animals for people ... physical ... psychiatric disabilites ... Emotional support animals ... have been proven extremely effective at ameliorating the symptoms of these disabilities, such as depression snd post-traumatic stress disorder, by providing THERAPEUTIC NURTURE AND SUPPORT." [More]

SPECIFIC DISCLAIMER:

This information does NOT replace any legal advice you should get.

SYNOPSIS

THIS IS NOT BE A REHASH OF EXISTING OR DEVELOPING SERVICE DOG LAWS:

This section does not deal with the specifics of "protections" for service dogs and animals.

Much information is already available about protections for service dogs. Just click on the www where ample information on this subject can be found, or visit your local Library where hopefully your Librarian can be helpful. The U.S. Department of Justice - Disability Rights Site is one that should definitely be checked out: http://www.ada.gov/ Plan to spend a few hours on this site.

CAUTION: Most lawyers DO NOT know the ADA or Disabled Person Rights Law.

A BAD lawyer can do MORE HARM... Than a GOOD lawyer DO GOOD

Make sure that the lawyer knows and understands Disability Rights Law

Other sites where that information can be found is: Federal law on the ADA, the HUD site(s), and various other private sites such as BLOGS, and on web-sites where dog products are offered for sale or that are about dogs or animals in general.

There are also a rapidly growing number of web-pages put up by private citizens "concerned" about the flagrant abuses against disabled persons and their Service Animals. You browsing the web a few hours will educate you and provide you with all the "weapons" you need to counteract those abuses against you and your serivice animal(s).

To get the most out of your "educational search", be creative in your words - i.e. Be specific.

FIRST, YOU SHOULD REMEMBER:

Your "friendly - church going" landlord (and in particular the Management Company) is NOT your friend. Keep this in mind when dispensing any information to them. Get legal advice first! From experience as it is being told to us often by victims who are disabled, many, if not all, "landlords and Management Companies" are "arrogant abusive scumbags". This is a quote...

We stress this point, as increasing numbers of disabled renters have reported, that they, to their "chagrin and damage, discovered this fact only too late". If you have such an experience, post your experience on the fairandbalsy.com BLOG. A special page will be created soon to deal with the flood of complaints from disabled low-income renters who report to us.

HAS YOUR SERVICE DOG BEEN DISCRIMINATED AGAINST? IF "YES..."

Discrimination is: From outright refusing your dog entry to a public place or allowing you to rent an apartment or the like, to teasing your dog, or ridiculing your specific disability - or where they over and over again, ask you to "prove your disability or the nature of it" - which is ILLEGAL.

For instance: One disabled person related that the landlord (i.e. Management Company) "under threat of eviction, required to know in document form, that he give them proof that his Service Dog was certified". Fact is, that "... federal law does not require the tenant to provide proof of training or certification of the animal" ... The Court of Appeals for the Seventh Circuit and the U.S. District Court of Oregon - have held that the only requirements are ... 1. The animal be individually trained [see above], and 2. Work for the benefit of an individual with a disability". [FED-HUD RULE]

This landlord NOW HAS "unlawful information" giving the tenants' NATURE OF HIS DISABILITY AND CERTIFICATION OF HIS DOG, AND OTHER SENSITIVE INFO. This is "illegal".

As to this disabled and TERMINALLY ILL PERSON who is being harrassed by a Management Company. It seems that his family is getting together as I document this information. Word is that "... a $ 3,000.000.00 lawsuit is in the making..." Hmmm. Time will tell...! It won't do him any good however as I see it... as he will be dead by then. As to the MC...? Some people never learn.

This Management Company already has 3 doctors' letters and documentation spanning eleven years: Harassing him, they still want more information from this disabled critically ill person!

There are stringent laws in place to protect yourself and your service dog from abusive people such as Landlords, parents who allow their children to tease your service dog, etc. In particular, protect your dog(s) against "FALSE ACCUSATIONS" by people "who retaliate" against you.

All states besides the Federal ADA Act, have laws in place protecting you from this kind of abuse.

Fines against such people range up to $ 5,000.00 per incident, and/or up to one year in jail.

THESE ARE SOME THINGS YOU SHOULD IMMEDIATELY DO TO PROTECT YOUR DOG:

 1. Narrow down your search parameters. i.e. The "search" words that you use.

 2. Educate yourself as much as possible before you visit your attorney or counselor.

 3. Be clear, concise, and specific as to what your particular complaint is when you get there.

 4. Before you give that person any information at all, or any of your documentation, The FIRST QUESTION YOU ASK YOUR ATTORNEY or COUNSELOR is... "Do you know the person that I am complaining about" or, "Have you ever worked for that person". i.e. Is there a conflict of interest?

A recent experience with an attorney against whom a complaint has been filed is, where he took the information which he passed on to the landlord. Does this qualify him being a "scumbag"?

 5. Be sure to have the name(s) or affidavits from EYE-WITNESSES to the incident with you.

 6. Check your phone book for local ILC's (Independent Living Certers) for the disabled. Many of these Centers have an attorney or paralegal on staff. Also, some counties have Adult and Aging Protection Programs. Use their services for referrals, and/or local laws that protect you.

You might find that Independent Living Centers could be listed under Disability Rights Agencies.

This is a biggie: Never give original documents to your lawyer or anyone. Give only to the Judge.

When filing your complaint, ONLY FILE COPIES OF YOUR EVIDENCE WITH THE COURT OR THE AGENCY - even if the lawyer tells you differently. Ask yourself, "do I realy trust my lawyer...?"

MORE TO COME SOON. In the meanwhile, make them pay for abusing you and your animals...

BLOG: http://www.fairandbalsy.com is being developed now but where you can post complaints. This BLOG is being closely monitored by many of the agencies listed above...!

Much information is available to answer this question. We understand however, that there are still many disabled people who don't have the ability to browse the www, or who don't have available means to readily acquire this information. At the moment of this writing, just about any animal can be considered a "Service Animal". Much depends on your historical background and geographic location, which animal you would choose to be your service animal. For instance, if your family owns a farm, you might want a pony to be your service animal, etc.

Naturally, common sense should prevail in all instances when you select your Service Animal. As I stated before i.e. "At the time of this writing", the above information holds true. However, it seems there is some movement to ever so slightly narrow that definition. For instance, certain so-called "Exotic Animals" like lions and tigers, or even elephants, to be chosen as your "Service Animal", may have put limitations on it. And for good reason... Understand, that I am not for any restrictions in these matters at all. However, to take a 4 Ton elephant as a service animal into a restaurant to get a hamburger, would stretch common sense reason somewhat... would you not think...?

In any case, you should take the responsibility to educate yourself as to any of these matters.

As to the question that we often get asked about how many service animals is o.k.? Here again, I would say...: Use common sense and reason. More importantly, there are certain times and conditions, when your doctor will prescribe more than one animal - for certain disabilities. This prescription based on sound medical knowledge and advise, should prevail in all instances. As to that, "... the Fair Housing Amendments Act does not specifically limit the number of service animals a person with a disability may have". That number is left to your physician to determine.

As to this particular question specifically: "Can I have more than one Service Dog?"

Here is an answer coming directly from the highest authority on this matter:  The U.S. Senate.

Question:  "We have other dogs and cats in the family who are pets, can I still have an Independence Dog?"

Answer:  "Yes. All Independence Dogs are well socialized and non-aggressive. Advice will be given concerning the best methods to be used when introducing your Independence Dog into a home where there are other pets."

As to this matter... And it is said...

That the greatest mythological fallacy in the realm of disabled persons - as their ONLY choice:

"Is to get a Golden Labrador Retriever OR Golden Lab..."

Wonderful animals as they are...

THEY ARE NOT THE ONLY DOGS USEFUL FOR SERVICE AS A "WORKING DOG"

But they do make a lot of money for their hard-working and skilled trainers

A B Cs Of The Appeals Process

(In Summary Only)

Having tried the Disabled Persons Assistance Agencies and exhausted other "Assistance" resources, probably you are about to embark on the "Frightening Appeals Process".

This is what I would FIRST do when I get the letter "Disallowing" my claim(s):

(A) Go home and tell wife, girl-friend, mother, father, or if alone, talk to bathroom mirror.

(B) Relax, get dressed to go out to dinner, and mentally prepare to have a real good time.

(C) Go to bed or turn on a relaxing T.V. movie - Dumb and Dumberer, fall asleep on couch.

Having done all this, I am on the way to win my appeal!

REMEMBER

1. Always APPEAL - Resist the temptation to tear up the letter ... RELAX!

2. Always FILE your appeal in "a timely manner". i.e. 2 weeks, 30, 60, 90 days, etc.

3. Always go through ALL LEVELS of the appeals process - Generally 5 levels.

4. By the time you reach the 5th level (or more), chances of "winning have improved".

5. Click on the big center "O" for information as to why: ------->           oooOooo

6. In case I loose the "Final Appeal" - I would repeat A, B, C, above...

7. Next I would go to the County Law Library, check Mathew Bender (See Above).

8. Next prepare a "Writ of Mandamus" or ("Writ of Mandate") and make 3 copies.

9. File with the Superior Court of your County and State (Other states may vary).

10. Follow the Court Rules - See information on this page or on Answers Page.

NOTE: Always check dictionary for correct definitions of words. i.e. Writ of Mandamus.

C O N G R A T U L A T I O N S

After you win your claim - DONATE to the ASPCA

and/or the

National and Local Humane Society

to

Help Abused Animals

Points & Authorities

All States have a Penal Code

Check your Law Library

These Codes are taken from the California Penal Code (At Random)

California Penal Code Section 600.5. "(a) Any person who intentionally causes injury to or the death of any ..., ..., or service dog, ... Section 54.1 ... in discharge of its duties, is guilty of a misdemeanor, ... imprisonment in the county jail not exceeding one year, or by a fine not exceeding five thousand dollars ($5,000), or by both a fine and imprisonment. (b) ... defendant shall be ordered to pay restitution to the disabled person .... ." [In addition to] etc.

California Penal Code Section 600.2. "(a) ... unlawful to permit any dog which is owned, ... , by him or her, to cause injury to or the death of any ..., ..., or service dog, ... Section 54.1 of the Civil Code, while in discharge of its duties. (b) ... defendant is convicted of a violation ..., [be] ordered to pay restitution to the disabled person who has ... ownership of ... the dog."

California Penal Code Section 365.6. "Any person who, ... with no legal justification intentionally interferes with the use of a guide dog by harassing or obstructing the dog ... or dog user, is guilty ... imprisonment of ... six months in the county jail ... fine not less than ... ($1,500.00) [n]or more than two thousand five hundred dollars, or both [fine and imprisonment]."

NOTE: Wisdom dictates to always check for amendments to current law.

AN ACT FOR DISABLED AMERICANS

You are walking your Service Dog and someone demands to know about your service dog:

1. You do not need to disclose any information about your disability. Some obnoxious people will ask you information such as "What does your dog do for you or in what service was your dog trained ?" That question is generally made or designed by that person to give them information about your disability. Ask them point-blank why they would want or need to know that.

2. Under the Federal Civil Rights Law: The Americans with Disabilities Act (ADA). Title III, 28 CFR Sec. 36, 104 defines what a service animal is. By law a service animal is not considered a pet.

3. Most service animals are dogs. They can be any breed or size. Certification proof not required.

4. Federal law for example the 28 CFR Sec. 36, 302 in addition to State Law protects service animals. That protection extends to accompanying disabled persons on public conveyances.

5. These laws extend to The Fair Housing Amendments of 1988, Sect 504 of the Rehabilitation Act, (1973) and the Air Carrier Act of 1966 and other regulations and various state and local laws.

For more information about your particular state or local law, contact your State Attorney General.