Category: Dog Law

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Child’s Service Dog Denied Access At School, Family Continues To Fight For It

A family in San Jose is continuing their fight after their child’s service dog was denied access to the Willow Glen Elementary.

Lydia Truong tells NBC Bay Area that his 6-year-old so has recently been diagnosed with autism and has a history of eloping and/or running off.

With Truong’s son’s history, the walk from the parking lot to their son’s classroom has been challenging because the Willow Glen Elementary is located on a Main Street.

And so, to reduce the risk of their son running off, the family brought Maelene, their son’s service dog.

Maelene is trained to perform one important task: to run after the child and block his path, so the boy doesn’t stray too far and get into any dangerous situations.

However, Truong said that during the first day of school in August, the school’s vice principal asked the family to remove the dog from campus, asking if it was registered.

Truong then pointed out that under the Americans with Disabilities Act (ADA), service dogs do not need certification. And they can be trained by their owners to perform a task that is directly related to a person’s disability

Furthermore, service dogs are allowed to be with their handlers, even in places that don’t allow pets. These establishments include restaurants, shops, hospitals, schools, and hotels.

So, after being denied access, Truong requested the San Jose Unified School District to put the denial and reason in writing.

However, the family did not hear any form of response from the district, not until September.

Preschool boy watching TV with his Shiba inu dog on blue sofa.
Egrigorovich / Shutterstock.com

In September, the parents received a letter from San Jose Unified School District stating the dog did not meet the criteria for a service animal.

It also noted that based on reviewed information, the dog does not do work or perform any tasks related to any disability. And that the student “had not been assessed by the district on his disability”.

However, Jan Garrett, Deputy Director for the Pacific ADA Center at the Public Health Institute (PHI) and a former attorney with over 25 years of experience interpreting ADA law, tells NBC Bay Area, “As long as the handler gets them under control right away, then that is still a service animal.”

Furthermore, after being shown a video of Maelene performing her task of running after the child and blocking his path, Garrett confirmed that the pooch is qualified as a service dog, and not merely an emotional support dog.

Garrett also added that schools cannot require an assessment of the child’s disability before allowing a service dog on campus.

The ADA website also states that you may only ask certain information about service animals using two questions:

  • Is the dog a service animal required because of a disability?
  • What work or task has the dog been trained to perform?

And you are NOT allowed to do the following:

  • Request any documentation that the dog is registered, licensed, or certified as a service animal
  • Require that the dog demonstrate its task, or inquire about the nature of the person’s disability

Which, in this case, were requests that the school asked from the family.

For now, the family has chosen not to bring Maelene back to school but are continuing her training. Truong even revealed that they’ve hired a dog trainer to help them train their dog.

NBC Bay Area reveals that they’ve shared Garrett’s review of the situation with the San Jose School District, but did not hear back.

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Dog Stabbed By Owner In A Fatal Shooting Expected To Recover

A dog that was injured by his owner inside a St. Louis business on Wednesday, September 25 is expected to recover, animal shelter says.

“He’s here and he’s safe,” The Humane Society of Missouri wrote in a Facebook update on the pooch on Thursday, September 26.

The Humane Society of Missouri further reveals that law enforcement rushed the dog to their shelter where he received emergency medical care.

They wrote, “He had sustained superficial injuries and upon arrival, was also dehydrated and underweight, but we expect him to make a full recovery.”

“Thanks to you and all of your support we are able to make a difference in this pup’s life,” the animal shelter wrote. “He’s going to get the Second Chance he deserve.”

Kathy Warnick, President of HSMO says that they are very pleased that the innocent puppy is expected to have a “good outcome”.

She also tells KMOV that the pup is a “very sweet and gentle dog, but also is understandably fearful at this time.”

Furthermore, KMOV reveals that the dog is currently not up for adoption. And that the vet is monitoring his condition and checking for illnesses such as heartworm disease.

“We will take good care of him as we do with all the animals we serve,” Warnick says.

St. Louis police reveals that the fatal shooting occurred after a man was seen wandering around the Renaissance Financial building holding the dog.

When the officers arrived to assist him outside the building, the man pulled a knife and began stabbing the dog, KSDK reports.

The police proceeded to deploy a stun gun, but the man was able to break free. After fleeing, he went into a stairwell and began stabbing himself in the neck.

Before the man was able to do anything more dangerous, he was shot by the police. He was then rushed to an area hospital, but was pronounced dead.

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‘Justice For Gunner’: Healthy, Missing Dog Gets Put Down By Shelter, Sparks Outrage

An animal shelter is sparking outrage online and across the country after putting down a healthy Golden Retriever shortly after it was brought in.

Criticisms and questions are pouring after Linda McNatt Animal Care & Adoption Center euthanized Gunner, a 13-year-old Golden Retriever who went missing on Tuesday, September 03.

John Gilcrease, Gunner’s owner, said in an almost 10-minute TikTok video telling the story, that when it was time to feed the dog on Tuesday night, the family couldn’t find him at the family’s 8-acre property.

@crazyrandomdad

#greenscreen #dog #texas #fyp Linda McNatt Denton Animal Shelter killed my dog! I want managers FIRED for destroying my family @Denton Texas #gunnerStory #justiceforgunner

♬ original sound – CrazyRandomDad

“At that point, I’m starting to freak out so I jump in my car and I drive around for nearly 5 hours, up until nearly 1 o’clock in the morning,” Gilcrease tells CNN.

Gilcrease said that he drove around for hours looking for Gunner, but his efforts were futile. However, the next day, a lady, named Deborah, reached out to him telling him that the pooch was at an animal shelter.

The information brought relief to Gilcrease and his family. He said, “I thought ‘he’s safe, they know we’re coming. He’s there, and everything should be good.’”

Gilcrease noted that when they went to pick Gunner up on Thursday, it was still within an animal shelter’s 72-hour hold on strays.

When he got there, the shelter told them that they found Gunner 12.2 miles away from home. However, Gilcrease noted that with Gunner’s age and his legs, there was no way he could’ve walked that far.

He added, “I know there was a fault in the story. I just couldn’t figure out what or where it was.”

The staff then took Gilcrease to the back of the shelter to look for Gunner. However, Gunner was nowhere to be found in any of the kennels.

Talking to CNN, Gilcrease said, “Like, ‘where’s my dog,’ and she took so long to answer that my rebuttal back to that was, ‘Did you kill my dog?’” said Gilcrease. “And she said, ‘Yes.’” 

In a statement, the shelter’s director admitted to putting down Gunner. They explained that Gunner “was geriatric, had severe mobility impairment, and no control over his bladder and bowels.”

“‘Your dog was old. He had arthritis. He can barely stand up. He pooped and peed himself.’ I said, ‘Because he’s scared,’” Gilcrease said.

Gilcrease said that the animal shelter returned Gunner in a plastic bag with no apology at all.

“My children are damaged. I’m damaged. I can’t stop crying. My wife can’t stop crying,” said Gilcrease.

In a statement issued by the City of Denton, they explained, “Gunner was unable to walk without assistance and had no control over his bowels or bladder. After a full veterinary evaluation, it was clear that he was in immense discomfort.”

“Our staff attempted to contact the individual listed on Gunner’s microchip, but the email addresses bounced back, and the phone numbers were disconnected,” they continued.

However, Gilcrease disputes the shelter’s claim that Gunner’s microchip information were outdated. He also reveals that he filed animal cruelty charges filed against the shelter’s staff for putting down their family’s dog.

The City of Denton also talked about their 72-hour stray hold period and how that was not applied to Gunner.

“While the hold period typically applies, there are exceptions, such as when an animal is suffering or has a poor quality of life, which allow staff to forgo the 72-hour requirement,” the City of Denton wrote. “Given Gunner’s degenerative condition and severe suffering, our staff acted within policy to humanely euthanize him.”

However, Gilcrease said, “The animal facilities and shelters should be a safe place for dogs, for lost and scared dogs to go to, so owners could find them in a 72-hour timeframe.

“And that’s a city ordinance. I have 72 hours, and within the first 24 hours, they killed my dog,” Gilcrease added.

New information released by Denton Record-Chronicle revealed that Gunner was found 2 miles away from home, and not 12 miles. Furthermore, the shelter staff didn’t consult with a veterinarian over whether to euthanize Gunner.

The animal shelter’s decision has sparked outrage. The shelter’s Facebook page posts are now filled with comments seeking justice for Gunner.

A Facebook user wrote, “saying goodbye to your pet is especially hard when shelter employees decide it’s time for them to die simply because they are old. Gunner had a loving family at home waiting for him!! SHAME ON YOU!”

While another wrote, “Gunner had a home. Guess arthritis is a death sentence? Justice for Gunner.”

Currently, there is a petition on Charge.org titled “Demand an Investigation into the Unfair Euthanisation Practices at Linda McNatt Animal Care & Adoption Center” that has now over 40,000 signatures.