People with Disabilities - SD Awareness

Would you like to react to this message? Create an account in a few clicks or log in to continue.
People with Disabilities - SD Awareness

...Where People Stand up to be Counted

The Court System


Posts : 40
Join date : 2016-06-24

The Court System Empty The Court System

Post by Admin on Tue Jul 12, 2016 11:51 pm

I like to make sure that everybody understand that presenting your Case in a Court of Law is totally different from having your Civil Rights Violated including government buildings... See in the Court of Law you Must or you really Should Proof Your Case!!! And the way to do that is by Written Documentation of sorts....

Yes it is true under the ADA whether it be section Title III or Title II in gaining access to various facilities the Staff may only ask two questions: quote:

  • Is the dog a service animal required because of a disability,

  • What work or task has the dog been trained to perform.

It is also true under the same law, that quote: the "Staff cannot ask about the person’s disability, require medical documentation, require a special identification card or training documentation for the dog, or ask that the dog demonstrate its ability to perform the work or task." end quote.

And that's where people get confuse when it comes time to Claim Your Case in the Court System. Even Small Claims Court you need to have as much Proof as you can in order to Win your Case. Unfortunately too many service dog teams fall short when it comes to that. Many times it's the misinformation or misconception of the Law and how the Court System works especially when you are the Plaintiff and filing a claim based on such discrimination.

The First thing that comes out of any judges mouth after saying plaintiff's name and why your suing is "Now Proof Your Case"... Yes you could say that the agent of the business *Demanded Documentation* but how many defendants will say *Yes Judge I did Demand Such Documentation*. I do not know about anybody else but I don't see that as a norm and I have been in the courts for various reasons too. Nope they don't admit that they violated a Civil Rights Law unless they didn't know they did in the first place. What will usually come out of the agents mouth more times then not is a Lie. *You're Honor, that is the furthest thing from the truth. It was because her/his Service Dog was out of Control! And that is why we told the individual they had to Leave with their Dog.*

Many people unfortunately when it comes to the Court System, don't realize that they as a Plaintiff have the Burden of Proof.. What does that Mean... It means do not expect that the only proof you need is just what the ADA says about businesses not allowed to ask, request or demand Documentation of any kind in order for you to gain access into their business. As I said above I have never heard many Defendants say that Yes they were Violating the Law by Demanding such things. It's always going to be something like Their Dog was Out of Control and or Their Dog wasn't Housebroken just to proof their false claims.

I know of a case I was involved and I have been involved with many cases before including being a mediator on some. Anyway this restaurant claimed this small toy poodle was out of control, Claiming it first jumped onto the salad bar. You know those ones that you cannot even get your arm under well enough and yet they claimed that this service dog was so talented to jump from a sit position straight up and in mid air was able to maneuver underneath this glass overhang. To add to this ridiculous claim that the dog was running around loose, eating of tables and bothering other clientele. Furthest thing from the truth but can it be believable. We ourselves would say no but when we are talking about Case Claims we better believe that One could Loose because of not having Proof to contradict those claims....

This is why and one of my friend whom was a attorney which happened to have a Hearing Dog always stated Do Not Come to Courts Not Prepared!!! Unfortunately she had died in a car accident for she sure will be missed. The Point Here is when You are Filing a Claim In Courts and On that Date Be Prepared!! Have All the Proof that will Back you Up... This Includes false claims that the other side will try using... So Yes Have a Training Journal with You... Have your Evaluation Cards too. It will Prove that one your serious about training your own dog and Two which is the important part that the False Claims that the defendant states about your Trained Service Dog was Out of Control and That you the Trainer/Handler Did not take appropriate Action to Correct the situation. Why somebody may ask!!! It will show a Pattern... Not only a Pattern of the animal in question but the Pattern of the Handler.

Again remember Court System is indeed not the Same as Denying one Access to the building. Only if you are going into the facility and are Stopped and Told you Cannot Bring your Dog in the Building. Then that government building falls under Section Title II from the ADA. Just remember when filing a Claim and going into Court to present your Claim Be Prepared. Please Remember Have as Much Proof as You Can so You Could Win Your Case.... Even if you are the defendant in the case it's always better to come prepare. Just Saying So in the Court of Law isn't Going to be Enough... I cannot stress that enough....

    Current date/time is Sat Jan 16, 2021 5:04 pm