Wednesday, August 17, 2011

Veteran speaks out about rights involving 'service animals' after incident at Ross County Fair in Ohio: Aug 2011

CHILLICOTHE -- Barbara Newstrom was trying to have a good time at the Ross County Fair on Wednesday night, but it was interrupted when people began complaining about the presence of her service dog.

The Ross County Sheriff's Office responded to the midway and asked Newstrom, a 34-year-old veteran of the Iraq war, about her yellow Labrador, Brandy. The dog was wearing a service vest, which is not a requirement but is encouraged. The deputy asked about the dog's training, then required she show its paperwork.

"It's a law. They're not supposed to ask for paperwork," Newstrom said.

As she was questioned, she said people began staring, which made her uncomfortable and embarrassed

It was humiliating to me. It ruined my night," she said.

Newstrom said she complied because she was concerned she would be charged with something if she didn't. She also said the deputy apologized for inconveniencing her, but she also was told to check in with them if she returned to the fair so they knew if they got complaints of a dog present on the midway.

"Why should I have to check in? I'm out (in public) with my dog every day," Newstrom said.

Sheriff George Lavender said he spoke with Newstrom on Wednesday and felt they had ironed everything out.

"They do not allow dogs on the midway and people were upset because they weren't allowed to have their dogs," Lavender said, adding some fair board members had passed the complaints on to his deputies.

"Why we asked for documentation is because ... our concern was if she would go down, would the dog protect her and act aggressive?" Lavender said.

They discovered the dog is trained to lick Newstrom, who has a brain injury and post-traumatic stress disorder, and then look for help.

The Americans with Disabilities Act does permit businesses to ask if the animal is a service animal and what tasks it has been trained to perform, but that's where the questions should stop. Those with service animals are not required to provide proof of disability or certification of identification for the animal.

Actually, the identification for service animals is not required to be carried and costs extra. If the animal is misbehaving, the act does permit businesses to ask them to leave.

Newstrom's first visit to the fair during the weekend went by without any issue, but she's concerned about returning.

"That could have put me into major anxiety issues last night. I'm not out for trouble. I just want to be able to go out and have a good time without being harassed," she said.

Lavender said the issue of dealing with service animals is an area where his department needs some training and he will look to get something set up.

Fair board president Brad Cosenza said he called the Department of Justice to learn more about the Americans with Disabilities Act after being alerted to Newstrom's concerns by the Chillicothe Gazette on Thursday morning.

"I don't think this has ever come up before ... We were rookies at it. We certainly don't want to hinder or impede anyone from enjoying the fair," Cosenza said.

The fair board does not permit dogs at the fair because of the large number of people and livestock.

Although they want to ensure everyone can enjoy the fair, regardless of ability, he said they remain concerned about service animals going into some barns. The concern lies more with some livestock that might not be accustomed to dogs and could become spooked, creating a safety risk, he added.

When talking with Department of Justice officials, Cosenza said they acknowledged the fair has distinctive circumstances and might be able to limit access to certain animal barns.

Cosenza said he is sure the fair board will discuss how to address service animals in accordance with the law during planning for next year's fair.

This isn't the first time there have been issues raised by veterans with a service animal in Ross County. In August 2010, Sack-n-Save's corporate office issued an apology to local veteran Joseph Lucas after he had been questioned and, as he indicated, embarrassed at the East Main Street store. Lucas happens to be Newstrom's uncle.

The U.S. Department of Veterans Affairs has been placing more service animals with veterans in recent years. Both Lucas and Newstrom think veterans are more likely to be asked for identification because they often have the animals for "invisible" disorders.

The dogs are trained to help with issues such as post-traumatic stress and seizure disorders -- disorders that aren't as visible to spot for most people as those who are blind and have a guide dog.

# As shared from: ChillicotheGazette.com Written by Jona Ison Aug. 12, 2011 at: http://www.chillicothegazette.com/article/20110812/NEWS01/108120303/Woman-speaks-out-about-rights-involving-service-animals-after-incident-fair

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