"Toddlers Must be Leashed" (I'm kidding. No hate mail please!)

Me and my service dog Rowena (Rosie) out photographing nature

My hobby is photography.  I photograph things in nature.  When I first started doing this I found that I really wanted to know what the flowers etc. were that I was taking pictures of all the time.  With guide books, I labeled my photos, identifying the subject and sometimes putting the Latin name for the subject as well.  Gradually, I began to actually retain some of the information I was getting from looking everything up.  I am now a lot more versed in flowers, birds, and some various other things in nature.

Sundew- like a tiny Venus Flytrap

more Sundew- they are like 1/4 of an inch.  This is a very close shot.

MY SACRED GROUND:
I have always had favorite places to take pictures.  My faves were places that I'd go and I would always be surprised.  One of my favorite places became the Orono Bog Boardwalk, which is about a mile long boardwalk accessible through the Bangor City Forest, Tripp Rd. parking lot.  The bog is a fragile ecosystem, so great care was taken when laying out the boardwalk, and whenever repairs are done.  There is a gate that is locked at a certain time every evening, and opened at a certain time every am.  They have volunteers that supervise the entrance and occasionally walk through looking for garbage or something.  NO ONE is allowed to step off the boardwalk at any time for any reason.  Understandably, dogs are not allowed on the boardwalk.  Bikes and skateboards aren't allowed either.  It is this fragile ecosystem that nurtures and grows my favorite flowers, and a variety of other flowers, mosses, and plants that I cannot remember ever seeing anywhere else.

We are actually way down at the end.  This is how far that
toddler was allowed to run to pet a strange dog.

A SERVICE DOG IS MY FREEDOM:
One of the biggest benefits of haviing a service dog is the new level of freedom the dog provides.  Rosie is no different.  Since she is a service dog, and I am her disabled person, I am allowed to bring her on the boardwalk with me when I visit.  We have never had much of a problem on the boardwalk together before.  One incident when she stepped off the boardwalk into the bog was my fault.  I was telling her "Off" for her to stop standing on something and she thought I had asked her to step OFF the boardwalk since she was right next to the edge.  She stood in the delicate bog a whole split second before I lifted her butt directly up and out.  My fault, though I did re-emphasize the boundaries to her right after.

Rosie has often assisted me with balance while we are on the boardwalk. It is her ability to stand still and firm when asked that helps me most.  I have an inner ear problem that, if I look up or away from my feet or while I am moving, I get dizzy and lose my balance on occasion.  You can see how valued this task is since I am photographing things high and low pretty much the whole walk.

Rosie braces to steady me as I crouch to take a photo.

DON'T PET THE STRANGERS:
About a month ago, My husband, and Rosie and I went for a stroll on the boardwalk.  It was one of the first very nice days of the spring, so traffic in the forest was quite high.  A couple and their 2 or 3 year old boy caught up with us.  The boy was a bit too eager to see a "DOGGEEEE" so Chris (my husband) and I walked ahead a little faster to give some space.  We had a good maybe thousand feet between us.  That seemed to work.  We thought.  We are doing photos at one of the benches and all of a sudden the 3 year old does a speedy bee-line for Rosie.  When the boy is in front of me, I told him not to pet the dog.  He still reached to pet her so I said the same thing while pulling Rosie away from him.  Basically I had to totally body block the toddler from trying to "pet the Doggeeee".  The parents remained about 500 feet away, barely a visual on the tot.  The child gave up and went back to his parents.  Chris and I continued on our walk, but I think we let them by.

This incident really bugged me for a few reasons.  Early on, these people did take note of the vest Rosie was wearing, clearly marking her as a service dog.  I am assuming they knew she was working.  Even if they did not know she was working,  would you 1- Allow your 2 or 3 year old run ahead of you to pet a dog you do not know? 2- Allow your 2 or 3 year old run ahead of you to pet a dog attached around the waist of a person whom you'd never met before?  Lastly, if they had known that Rosie was a working service dog, what if this toddler had caused Rosie to move when I needed her to stand/stay?  I could have fallen on my a$$ in the bog!

Rosie poses behind some Lady's Slippers, a type of Orchid that grows
in the Bangor City Forest.

DO NOT DISTRACT THE SERVICE DOG:

There is a reason that service dogs have patches on their vests and harnesses that tell you not to distract or pet, because the dog is working.  Many people don't understand why that has to be.  Some think that the handler is just being mean, and some think that that means the dog never gets treated like a dog, allowed to play, get love and affection... which couldn't be further from the truth.  Service dogs are ultimate Heroes.  They give life and independence back to those who's disabilities prevent them from living life and going forth with a new found increased independence.  These dogs are VERY LOVED!  Hugs, kisses, baby talk... yep, they get it all.  Just like in a workplace, these things can be very distracting to humans, when a service dog is working, it distracts them as well, from their number one person... the disabled handler who depends on that dog.  Just like you would not goof around with a surgeon in an operating room, you don't mess with the dog with the vest on.  A distraction can mean injury or even death to some people who utilize service dogs.

RECALL FROM DISTRACTION:

Another form of distraction is when other dogs are allowed to approach a service dog who is working. If the "civilian" dog is recall trained, a good recall will call a dog away from a working (service) dog no problem.  However, not all dogs that are allowed off leash are recall trained.  If your dog is not trained to a strong recall, the dog should remain on leash until he learns. Along with his name, recall is one of the most important things you can teach your dog.  You can call your dog away from danger just by calling his name and saying "Come!"  Not all dogs your dog approaches will be friendly and you want to protect your dog from those dogs.  I do not let my dog approach a dog we are not familiar with.  I value her that much.

It is also not necessarily good to let two service dogs who are working greet and meet each other.  I may go out with a fellow service dog user, but our dogs do not interact.  If a person I do not know has a service dog and enters the scene, I do not let my service dog meet and greet the other; Not even if the handler asks first. Am I being mean again?  No I am just keeping my service dog safe and on task.  I don't know that dog (or person) so I am not about to let my service dog go face-to-face (or butt-to-butt) with a strange dog.  Also, since my dog has been attacked by other dogs before while on leash, I don't want to increase her stress level and perhaps put her on the defensive.  The best way for my service dog to meet another dog is to work side-by-side, and then in a safe setting, take the dogs off leash and have them officially say Hello.

Rosie working along side Teddy the Keeshond.

Herding dog Service Dogs working under the table at a hotel restaurant.
L-R: Winston (blue sable border collie), Jenna (Black tri Sheltie), and Rosie.

WHAT DID YOU LEARN?

1- Do not let your child run ahead of you to pet a dog you do not know anything about.  2- Do not let your child run ahead to interact with a dog you don't know being held by people you know nothing about.  Imagine how fast it would take for something to go very wrong in that scenario had the child run up to someone else and some other unknown dog.  And the parents were not very close to even see what was really going on, let alone react if something did go very wrong. 3- Why you are not supposed to distract a service dog who is working; 4- Do not let your dog approach a service dog that is working.

Letter (from and to) The Penobscot Theatre Company Regarding Their decision That Service Dogs Who Tried Out for the Part of "Sandy" in the Play "Annie" are Automatically Disqualified

White Lettering

Q- Did they sayon the "Sandy" application that Service Dogs were not allowed to try-out for the part?

A- No, it did not.  It said "All breeds welcome".

One of the chosen "Sandy" dogs and some of the orphans.

----- Original Message -----

From: bari newport

To: bari newport

Sent: Monday, August 20, 2012 11:55 AM

Subject: Penobscot Theatre Company - Sandy Auditions

What a wonderful day Saturday was. I hope you and your doggie had a good, low-stress time of it. 

We ended up seeing 15 dogs of all shapes and sizes. Some dogs were super trained and had super skills and other dogs were goofy but well-behaved, family pets. 

Proof once again that dogs are simply THE MOST AMAZING.

I underestimated how difficult the decision would be! In the end, we narrowed our choices down to five dogs. We did this by eliminating service dogs - they were clearly the most versatile in terms of what they are capable of doing - and certainly they are used to noises and lights, children and excitement - but casting them in a play seems counterintuitive to their role in your life, as you have trained them to do very specific tasks just for you - and it is important that their focus remains as such.

And we narrowed the scope further based on what kind of energy and look the dog had. Incredibly tough decisions. 

I thank you most sincerely for sharing your furry family member with us. You were gracious and kind - and I am humbled to be a part of your community. Thank you.

See you at the theatre! 

  

Bari NewportArtistic Director
Penobscot Theatre Company
Bangor Opera House - 131 Main Street
Administrative Offices - 115 Main Street, 4th floor
207. 942.3333 (Box Office)
207.947.6618 (Admin)
207.947.6678 (fax)
www.penobscottheatre.org

Coming Up!

PTC SUMMER CAMP, July 2 - August 11

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Always. Patsy Cline, September 5 - September 23

Becky's New Car, October 17 - November 4

Annie, December 5 - December 29

The Sugar Bean Sisters, January 30 - February 17

WIT, March 13 - March 31

Around the World in Eighty Days, May 15 - June 2

Rosie and a fellow service dog who also tried out for the "Sandy" role.
Here they are in a sit-stay in the middle of the Bangor Mall.

----- Original Message -----

From: Heather Gerquest

To: bari newport

Sent: Monday, August 20, 2012 12:52 PM

Subject: Re: Penobscot Theatre Company - Sandy Auditions- re: Service Dogs Not Allowed

To Whom it May Concern;

I guess that means we won't be seeing any of you at the Scenes and Songs  night on the 23rd. 

Who told you that casting a service dog would take the focus off of their handlers?  Don?  Why was Don chosen out of all the other very good trainers in the area?  For example, choosing one who actually works with and trains service dogs (AND pet dogs), some of which do have dual roles being a show dog, agility dog, or a competitive duck retrieving dog (to name a few).  That is not Don's expertise.  He wouldn't be the first trainer I would have chosen for the job (but then of course it wasn't my job).  He's also not the only trainer that gives therapy dog tests in the area.  I am pretty sure Don had said allowing service dogs to take the coveted role of Sandy was not a good idea since he probably uses ADI's therapy dog test. (ADI believes service dogs can't/ shouldn't be therapy dogs because they would be confused about their roles).  Not to mention I really think he knows very little about service dogs in general.  Thousands of service dog handlers all over the US would beg to differ with their opinion.  The organization has also been known to take away certification from service dogs that had previously passed their therapy dog tests, and had been working as therapy dog already. (They have actually done this for other various, unfound reasons with assorted other dogs). After nearly 8 years of training and testing (and note: not with Don) and spending 24 hours a day with my dog, I would know my dog better than Don.

I guess most of all, I feel cheated (for my dog) of a fair chance at the Sandy role.  If I thought we couldn't handle this job together I would not have bothered to come in.  It could be my dog never had a chance, but after the comments from the woman who escorted me out of the theatre and invited me to the event on the 23rd, I thought we had a good shot.

To say the least, I am disappointed.  Not because my dog did not get the role, but that just because she is a service dog, she didn't even have a fair chance.  I had expected disappointment if my dog didn't get the role.  This just brought it to a new level of disappointment.

As the ADA says about people with disabilities in the workplace, if I have the qualifications, and without my disability I would have been hired for the job, but because of my disability, the employer won't even consider hiring me,  that is discrimination. Now my dog is disqualified because she's a service dog and I am her disabled handler.  She may be qualified, but because I am disabled and her job is to assist me, she doesn't have a chance. To me, it just feels like another "access denied". 

What if I decided to try out for a part in a play that you all were putting on?  Would you say no because I have a service dog and she would not be near me if I was in a play?  OR would you say no because I am disabled.  Period.  Think carefully.  If you choose wrong, you could have some legal problems arise.

Next time, maybe you should say right on the form that service dogs are not allowed to audition.  You may get a few angry responses from that, but at least the person could save some energy and not bother with the application and audition process.

Sorry if I sound harsh at all, but feelings were hurt here.

Thank you for your time,

Sincerely,

Heather Gerquest

helgerquest@msn.com
----------------------------------------------------------

ADDENDUM----

Since the try-outs for the "Sandy" role, I attended the Paws on Parade fundraising event in Bangor, Maine.  It was there that I heard your dog trainer talking to another person saying he did not know how medical alert dogs work, such as a Diabetic Alert dog or Seizure Alert dog, not even the cancer sniffing dogs.  I thought every trainer knew this, or at least would have wanted to find out years ago when some of these types of service dogs came about.  So this guy is supposed to understand individuals with disabilities, their service dogs and the Americans with Disabilities Act, ADA (Newly revised) as well?  Does he even know about the Americans with Disabilities Act is?

And the above photographed chosen dog, a dog training friend of mine said the dog looked anxious when she tried out, that she even ran off the stage.  In this photo it was suggested that the dog was showing some anxiety from turning away from everyone, and I saw an inability to follow any commands.  I also think she was overheated and needed some water, or maybe the panting was another way she was showing her anxiety, but that is not what I am concerned about.

'Courtroom dog' helps young rape victim testify

'Courtroom dog' helps young rape victim testify






August 8, 2011



Dog Helps a Witness Testify, and Legal Questions Follow


By WILLIAM GLABERSON

POUGHKEEPSIE, N.Y. — Rosie, the first judicially approved courtroom dog in New York, was in the witness box here nuzzling a 15-year-old girl who was testifying that her father had raped and impregnated her. Rosie sat by the teenager’s feet. At particularly bad moments, she leaned in.

When the trial ended in June with the father’s conviction, the teenager “was most grateful to Rosie above all,” said David A. Crenshaw, a psychologist who works with the teenager.

“She just kept hugging Rosie,” he continued.

Now an appeal planned by the defense lawyers is placing Rosie at the heart of a legal debate that will test whether there will be more Rosies in courtrooms in New York and, possibly, other states.

Rosie is a golden retriever therapy dog who specializes in comforting people when they are under stress. Both prosecutors and defense lawyers have described her as adorable, though she has been known to slobber.

Prosecutors here noted that she is also in the vanguard of a growing trial trend: in Arizona, Hawaii, Idaho, Indiana and some other states in the last few years, courts have allowed such trained dogs to offer children and other vulnerable witnesses nuzzling solace in front of juries.

The new role for dogs as testimony enablers can, however, raise thorny legal questions. Defense lawyers argue that the dogs may unfairly sway jurors with their cuteness and the natural empathy they attract, whether a witness is telling the truth or not, and some prosecutors insist that the courtroom dogs can be a crucial comfort to those enduring the ordeal of testifying, especially children.

The new witness-stand role for dogs in several states began in 2003, when the prosecution won permission for a dog named Jeeter with a beige button nose to help in a sexual assault case in Seattle. “Sometimes the dog means the difference between a conviction and an acquittal,” said Ellen O’Neill-Stephens, a prosecutor there who has become a campaigner for the dog-in-court cause.

Service dogs have long been permitted in courts. But in a ruling in June that allowed Rosie to accompany the teenage rape victim to the trial here, a Dutchess County Court judge, Stephen L. Greller, said the teenager was traumatized and the defendant, Victor Tohom, appeared threatening.

Although he said there was no precedent in the state, Judge Greller ruled that Rosie was similar to the teddy bear that a New York state appeals court said in 1994 could accompany a child witness.

At least once when the teenager hesitated in Judge Greller’s courtroom, the dog rose and seemed to push the girl gently with her nose. Mr. Tohom was convicted and sentenced to 25 years to life.

His public defenders, David S. Martin and Steven W. Levine, have raised a series of objections that they say seem likely to land the case in New York’s highest court. They argue that as a therapy dog, Rosie responds to people under stress by comforting them, whether the stress comes from confronting a guilty defendant or lying under oath.

But they say jurors are likely to conclude that the dog is helping victims expose the truth. “Every time she stroked the dog,” Mr. Martin said in an interview, “it sent an unconscious message to the jury that she was under stress because she was telling the truth.”

“There was no way for me to cross-examine the dog,” Mr. Martin added.

In written arguments, the defense lawyers claimed it was “prosecutorial misconduct” for the Dutchess County assistant district attorney handling the rape case, Kristine Hawlk, to arrange for Rosie to be taken into the courtroom.

Cute as the dog was, the defense said, Rosie’s presence “infected the trial with such unfairness” that it constituted a violation of their client’s constitutional rights.

Ms. Hawlk declined to discuss Rosie. In written arguments, she said that all Rosie did was help a victim suffering from serious emotional distress, and she called the defense claims “frivolous accusations.”

The defense lawyers acknowledged the risk of appearing antidog. Rosie, they wrote, “is a lovely creature and by all standards a ‘good dog,’ ” and, they added, the defendant “wishes her only the best.”

As the lawyers prepare their appeal, Rosie has been busy. She spent much of her time in recent weeks with two girls, ages 5 and 11, who were getting ready to testify against the man accused of murder in the stabbing of their mother.

The Dutchess prosecutor in that case, Matthew A. Weishaupt, argued that Rosie and dogs like her did not affect the substance of the testimony about horrifying crimes.

“These dogs ease the stress and ease the trauma so a child can take the stand,” Mr. Weishaupt said in an interview.

In the end, Rosie was not needed in the second case: the defendant, Gabriel Lopez-Perez, who had a history of domestic violence, interrupted his trial last week to plead guilty to killing the girls’ mother, his girlfriend, in the Wappingers Falls rooming house where they lived.

But Rosie’s promised appearance next to the children might well have played a role. “It became obvious,” said Mr. Lopez-Perez’s lawyer, Andres Aranda, “that the children were going to be testifying, and he decided to avoid that.”

The defense’s appeal of Rosie’s first courtroom outing, in the rape case, is likely to establish legal principles on the issues of dogs in the witness box. “It is an important case, and appeals courts will consider it an important case,” James A. Cohen, a professor of criminal law at Fordham University School of Law, said.

When New York appeals courts study the question, they are likely to look at the experience of courtroom dogs around the country, including in Washington. In Seattle, a developmentally disabled 57-year-old man, Douglas K. Lare, recently recalled how a Labrador retriever named Ellie, who has made more than 50 court appearances, helped him testify against a man charged with a scheme to steal from him.

Ellie gave him courage when he was afraid, Mr. Lare said in an interview: “It was like I had no other friends in the courthouse except Ellie,” he said.

For 11-year-old Rosie, said her owners, Dale and Lu Picard, the courtroom work is a career change after years working with emotionally troubled children at a residential center in Brewster. The Picards’ organization, Educated Canines Assisting With Disabilities, or ECAD, places service dogs after training them to perform tasks like turning lights on and off and opening doors.

Rosie, named for the civil rights pioneer Rosa Parks, was originally taught to follow 80 commands, including taking off a person’s socks without biting any toes. But she has a special talent with traumatized children, said Dr. Crenshaw, the psychologist who has worked with all three of Rosie’s witnesses and many other troubled children.

“When they start talking about difficult things,” Dr. Crenshaw said, “Rosie picks up on that and goes over and nudges them. I’ve seen it with my own eyes.”



Complaint Against the Maine Department of Health & Human Services, Bangor, Maine

Complainant: Heather E. Gerquest

Address:       71 Third St. #9
Bangor,         Maine 04401
Phone:          (207)947-2910/478-6996

To: Attn. Scott Cates
     OIAS
     State of Maine- DHHS
     396 Griffin Road
     Bangor, Maine 04401-9975

Date of Incident:       Wednesday- July 6, 2011
Time of Incident:       Approx. 13:30
Location of Incident: Main Entrance to the DHHS offices on Griffin Rd./ 2nd set of doors.

Incident:
Accompanied by my service dog, I was entering the DHHS building to drop off my review paperwork. The line was back to the second (inside) set of doors to the building. A man had a Manchester Terrier or Min Pin dog on a leash. When that dog caught sight of my service dog, the dog began lunging barking and growling at my dog. My dog was only a few feet away from the other dog. I decided I would not wait but would just drop my paperwork off and on my way out was speaking to a person who apparently worked at DHHS. On her way out, she promptly kicked a woman who had a puppy on a leash (who was behaving well I must say) stating to the person with the pup “Don’t worry, you’re not the first puppy I’ve thrown out today.” I mentioned that she should have thrown the other dog out that had lunged and growled at my service dog and she states that the man with the dog said it was a “Therapy” dog, then corrected herself to say “service dog”. I told her that a service dog can be removed from a public setting if it is considered a safety risk to others, and that there was a $1,000 fine for an attack on a service dog by another dog. The woman basically told me that there were a lot of dogs and that is why the dog reacted as such, but having been with large groups of individuals with service dogs on many occasions, if the dog is trained/trained properly, the service dog will not respond in such a manner. The woman said that she has a “service dog” at home (?) that would have done the same thing as the Min Pin. I told her that my dog has sat under a table with up to 10 other service dogs (nose-to-nose with some) with no problems. She says that my dog is well-trained. Service dogs are supposed to be trained. I didn’t mention the fact that none of the other 9 dogs had any problems either (Why? Because they had been properly trained.) The woman said that I could always come back when the guy with the little terrier was gone which totally outraged me. First of all, if this man is indeed disabled, and if this dog is actually trained (or in training) to be a service dog, we are both to be accommodated. However, if his dog was actually behaving like a service dog, accommodating 2 service dog teams separately would not even be a consideration. Considering his dog was misbehaving, why should I have to be the one to leave and come back?? My dog was fine. The man had to hold his dog to keep it from looking and bothering my dog. Even then, he had to work hard at keeping the dog from staring down my dog. When the man put the dog back down, the dog turned around and continued to stare back at my dog. It would be hard for a service dog to do his job if he is busy staring down a service dog behind him/his human. In my group of peers, a dog that behaved like that would be forced to retire early or wash out of training.

In the state of Maine, there is a $1,000 fine for having a dog that attacks a service dog. “A person who owns or keeps a dog that attacks, injures or kills a service animal while the service animal is in discharge of its duties commit’s a civil violation for which a forfeiture of not more than $1,000 may be adjudged. When a person is adjudicated or a violation of this section, the court shall order the person to make restitution to the owner or the service animal for any veterinary bills, and necessary retraining costs or replacement costs of the service animal if it is disabled or killed.” (Title 7; Part 9; Ch 729; ss3961-A)

There is also a $500 fine for misrepresenting a dog as a service dog. “A person who fit’s a dog with a harness, collar, vest or sign of the type commonly used by blind persons in order to represent that the dog is a service dog, or commonly used by a person with disabilities to represent that the dog is a service dog when training of the type that guide dogs normally receive has not been provided or when the dog does not meet the definition of “service Dog” as defined in section 1312 commit’s a civil violation for which a fine of not more than $500 can be adjudged.” (Title 17; Ch 47; sub.2; ss1314-A)

This woman who apparently works at DHHS (Didn't get her name) stated that they had a big meeting regarding service dogs and SD laws recently (?). I would argue that if that is so, that they (DHHS) need more training on the laws and rights of the business (i.e.- DHHS) other customers/clients, and other service dog teams. One meeting doesn’t make a person an expert in the service dog field.

Summary:
I have been active with a few different service dog advocacy groups, listservs, and was an active member of the State of Maine’s “Updating the Definition of Service Dog” work group/advisory group. I have a blog that journals my journey of raising and training my own service dog. The blog has updates on both state and federal laws, articles of access issues and lists of resources that I found helpful in educating a reader about service dogs, or assist someone who wants to raise and train their own service dog. I researched service dogs and therapy dogs etc. for several years before getting my puppy. If I can be of any assistance with education about service dogs, you can call me. I can also suggest other resources as well.

Basically, I am tired of taking my service dog into public places and running into “service dogs” that lunge, bark and growl at my service dog when she is trying to work. This is unacceptable service dog behavior and a disabled person with such dog can be legally asked to remove the dog and return for use of services without. When dogs do this, they are distracting my service dog from her work. Not real great if she needs to alert me.

Maine State Law states: A service dog can be legally excluded…“ When it is shown by defense that the service animal poses a direct threat, or significant risk to the health and safety of others or the use of the service animal would result in substantial physical damage to the property of others or would substantially interfere with the reasonable enjoyment of the public accommodations by others.” (Title 5; Part 12; Ch 337; sub-5; ss 4592-8)

It is after all the individual with the disability that has the right to public access, not the service dog. SD laws were created to prevent discrimination against individuals who utilize service dogs as adaptive devices to assist them in public with their disabling conditions. (Service Dogs are not considered pets under law).

Obviously I would question the validity of the dog being a service dog at all based on it’s behavior. (However the only questions one can ask is 1- Is that your service dog required for a disability? 2- What kind of work/tasks does the dog do for you?) I personally would have kicked that dog out and let the puppy another person had in there stay (could have been a service dog in training which have the same rights to access as full fledged service dogs do). The puppy was sitting and behaving. Instead I am told to leave and come back later? No I think not. I would also question the apparent DHHS worker who claimed her dog at home was a service dog based on what she told me about her dog’s behavior, but mostly because her dog was not with her. Typically a person with a valid disability requires the use of his/her service dog 24/7. One cannot turn on and turn off a disability. However, if it is actually her service dog and not a therapy dog or emotional support dog, it is none of my business what her disability is (which she must be disabled to utilize a service dog). Most people I know often require their service dogs MORE outside the home than in., though that varies. (There are service dogs who are not approved or trained for public access that work only at home. I don‘t know of any.) However I am not here to judge the validity of anyone’s disability. Not my place.

Recommendations:
I recommend that DHHS get more in depth training on service dogs and service dogs in training and the individuals who use them. In general, businesses tend to be afraid of approaching a service dog team and asking that a service dog who is out of control be removed from the premise in fear of a legal battle. However, these businesses do have rights too.

I suggest that not only does DHHS need education on state service dog laws, they should also learn about the federal service dog laws (in the ADA).

The other clients of the business also have rights if a service dog is not behaving appropriately (i.e.- not being a threat to anyone else -or their service dogs, not ruin the experience of other clients, not pose a possible safety risk to others, appear as unobtrusive as possible). The handler of a service dog has rights, but he/she also has responsibilities to the public as well.

Education on the difference between service dogs, emotional support animals and therapy animals (and companion animals which are pets) could be helpful in making sure people know the difference. Many people do not know the difference, and it can be confusing.  The Maine Human Rights Commission's version of Maine State service dog laws only continues to confuse the definitions and blur the different titles.  MHRC has taken the Maine law and translated it to their own liking.  Your best bet is getting a hold of a pamphlet of  service dog laws in Maine as they are written.

I would recommend DHHS calling “The Tail Waggin Training Center” in Levant which is a facility that trains service dogs. They also have a “Handler-training program for those who are disabled but capable of training their own service dogs with assistance. You can reach the Bouliers (Lynn & Rob) who own and run the Tail Waggin Training Center at 884-7017.

If necessary, mediation can be arranged to make sure this matter is deallt with appropriately.



**Enclosed are some Resources I feel might be of help.

Delta Society Definitions (Edited by Me): Service Dog, Therapy Dog, Emotional Support Dog

DELTA SOCIETY- (with some editing from me)

The Difference Between:
Service, Therapy, Companion and Emotional Support Animals

This service dog assists her handler by opening a door for her.

Service Dogs (and on occasion, miniature horses) are legally defined (Americans With Disabilities Act- ADA) and are trained to do work or perform tasks to meet the disability-related needs of their disabled individuals/handlers. Federal laws protect the rights of individuals with disabilities to be accompanied by their service dogs in public places to all places the general public is allowed with few exceptions. Service dogs are not considered 'pets'.  They are actually considered 'adaptive equipment'.  Examples of such animals include: Guide dogs for people with visual  impairments, hearing dogs for people with hearing impairments, medical alert dogs for people with diabetes, seizures, PTSD (and other psych disabilities), and also can be trained to assist people with mobility problems.  (They can be trained to pull wheelchairs, provide balance assistance, and brace to assist a person get up after a fall.)

This dog is a therapy dog that helps with a literacy program at a library.
(More information about "Tail Waggin Tutors" http://www.tdi-dog.org/)

Therapy Animals are not legally defined by federal law, but some states have laws defining therapy animals. They provide people with contact to animals, but are not limited to working with people who have disabilities. They are commonly found visiting hospitals, nursing and rehab facilities, retirement homes, and there are some programs where they provide a listening ear to children practicing their reading skills (in library programs). They are typically the personal pets of their handlers, and work with their handlers to provide services to others. Federal laws have no provisions for people to be accompanied by therapy animals in places of public accommodation that have "no pets" policies. Therapy animals frequently only have access to the places they visit only when they are scheduled to work. Therapy animals are not service animals, but service animals can be therapy animals.

This dog works in a therapist's office and provides comfort to the clients if they need it.  (Rest in Peace Daisy.)

A Companion Animal is not legally defined, but is accepted as another term for pet.

This dog is a pet or "companion animal".  He loves his kids, and they love him!

Emotional Support Animals have no legal definition. They are animals who's primary job is that of a pet.  They are allowed in "No Pets" housing to provide comfort to an individual with a disability.  Otherwise they have no public access where as a service dog does.  Emotional Support animals are allowed onto Airplanes as long as the handler has a note from a healthcare provider.  The letter must be shown at the airport.  People may also call these animals Comfort Dogs or Emotional Comfort dogs.

This dog is in training to be a service dog.  she is gently playing fetch with this 2 year old.

Photos... Rowena at Work and Play!

You can't tell that I'm proud of my girl, can you?

And proud of our accomplishments!
Above left- Here we are at the mall right after we passed our PAT (Public Access Test)
Top Right- Rosie and I pose with our Service Dog Team certificate.
Bottom- Rosie with her Service Dog Team certificate.

Working: Rowena with Benny

Rosie and Benny stand by while their humans eat at a Wendy's Restaurant.

Rosie and Benny acting as greeters at Target.  "Welcome to Target!  Is that a service dog?"

Rosie and I visit Benny and his human in the hospital.

Rosie and Benny, meet for the first time and pose for this picture taken in the Bangor Mall.

At Play: Rowena and Benny

Benny is a little larger than she is used to playing with.

Rosie at Work:  Going Places

Rosie and me... Maine State Capitol,  Augusta State House, Augusta, Maine.  Notice the security guy above us.  He came out while we were climbing the steps.  There were no signs saying "stay off the steps" that I saw.

Rosie enjoys the view and rest at the Lincoln Memorial in Washington DC.

"EQUAL JUSTICE UNDER LAW"
Psychiatric service dogs and their humans pose in front of the court house in Washington DC.  Neil brown-nosed the security guy so we could get a group picture here.  In the lower photo you can see me with Rosie on the far right.

Opening Doors:  Learning New Things







Learning how to help with Laundry.

Young Rosie accompanied me to the ER when I was sick.  Everyone loved her!

Rosie the weary traveler waiting for her flight out of Washington DC after a long visit.  She is actually standing while resting her head on my suitcase.

Do you ever feel like you are being watched while using a restroom in a public place?

I think Rosie was a bit less than a year here when she attended the first folk festival in Bangor, Maine.

Rosie met Winston, a blue shaded sable border collie, at the 3rd Annual PSDS Gathering in Washington DC.  That was the first time there for the both of them.

Sometimes a service dog feels like a superstar that everyone wants their picture taken with.  This girl (we have never seen her before) wanted her picture taken with Rosie as we were getting icecream at an outdoor dining place in Hamden, Maine.



This girl we DO know.  Her family housed Blizzard for a while when he was here.

Autism Awareness walk event in Bangor, Maine.  Rosie waits patiently with one SD in training and one SD on the job.


Rosie Around Town

We often go and play at the fairgrounds.  This is (obviously) the area with all the stables.  She almost looks like a "real" border collie!

I took Rosie out in her Ruff Wear gear one evening to get some photos.

She first poses for me at home

Rosie in Uniform after a long day.  Downtown Bangor.

Sometimes I ask her to pose in weird places.  This would be one of those times.  She so wants to please me, all she needs is a little coaxing and I can usually talk her into it  This was taken at Perry's Nuthouse just outside of Belfast, Maine.

I wanted her right under foot!  Now that's a change!  This oversized L.L. Bean boot is fairly new to the Bean's outlet in Freeport, Maine.

This is Rosie sitting under the giant Paul Bunyan statue in Bangor.  She really is scared of this huge woodsmen. She dealt with it just fine on this day.

Rosie also hates other statues.  It's the fact that they are very human looking and very large and don't smell like a human. No... that's not it.  She saw a cloak hanging on a hat post in a restaurant once and she was terrified of it.  She thought it was human!  I had to bait her and coax her towards it so I could show her it wasn't a person, just a coat.

At Play:  Rosie and Blizzard

Rosie and Blizzard:  Blizzard's first day out to play with Rosie since winter.

Look at Blizzard's big goofy tongue!  Rosie was just tolerating him that day.

This is one of the last times Rosie and Blizzard played.  I had to surrender him to the BC rescue and I really hope they kept their promise and worked with him.  He was very fear aggressive and had poor housepet manners.  He had burnt all his bridges.  We were supposed to be in Oregon, but it didn't happen and I had to surrender him.  Broke my heart to bits.

Blizzard is NOT a water dog.  He didn't understand toys, let alone the whole fetching thing.

Rosie and pack playtime!  Winter in Saxl Park in Bangor, Maine.

Again, Saxl park.  Rosie's best friend Chloe is the Puggle in the back.

Rosie in a sneak attack on Chloe, Rosie's bestest friend ever.

Rosie performs a sneak attack on her buddy, Chloe.

Sofian is the Yellow Lab mix:  "Oops!  Didn't see you all there!"  He somehow TRIPS over the other 3 dogs.  He was pretty old, blind and deaf here.

These two always had a blast

Gnawing on each other playfully

Playing chase and tag

running side by side in matching coats

Chloe wins this game!  She AROOOOs with happiness over her conquered friend.

"I am the dog whisperer"  Okay so treats do help ALOT to gain attention and control.

Action!  

The attack!  Whoa, there you are!

running on the beach

Avoiding a nip

STRETCH puppies!

Playing on the beach

Rosie invites Sofian to a game of tag

Rosie dodges Chloe

Chloe wins!

Last spring, Rosie and I met up with a heeler we know at the city forest. (Diesel?)  When we had seen him last he was a small pup!

Playing With Lobo and Cinco

Lobo was trained by his sister to not be pushy.

Lobo hoping Rosie will surrender the frisbee like his older sister does.  Rosie has no intention of letting go of the frisbee.

Rosie (foreground) playing with Lobo (Left) and Cinco, Lobo's older sister (Right).  They are waiting for the frisbee. Neither of them will interact with the other.  Lol.

I love this photo of a very young Lobo with one of Rosie's frisbees.  It is as big as he is!  He was such a cutey!

Rosie With Some Water

Rosie is not afraid of a little old wave!  Charge forth!

Above:  Rosie charges forth to "Git the Wave!" This is at Reid State Park in Georgetown, Maine.  I photoshopped her leash out.  Dogs are not allowed on the beach but Rosie was on duty.  She has her little mesh vest on.  She's never seen such huge waves before!
Bottom:  Rosie retrieving at her swim hole at the Bangor Waterfront.  It was really hot that day.