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.

Rosie Was Attacked: Who is Upholding Service Dog Protection Laws?? Anyone??

Rosie was attacked:

Laws Against Attacks on Service Dogs

July 1, 2010

Above: the dog on the leash is the one that stalked and attacked Rosie. I feel horrible that I had her in a down stay, like a sitting duck, but that was safer than stalking playfully in return.

It was supposed to be a good afternoon. I figured the weather had cooled enough that Rosie and I could walk up to Saxl Park next to the state hospital. If they haven’t hayed yet, the birds would be all over the place, bobolinks, Red-wings and sparrows. There would also be lots of wild flowers to take photos of as well. So Rosie and I make our way up State Street and through Cascade Park to get to Saxl Park. Then off the leash comes and Rosie is free to romp and chase her ball.

We had made our way from the far end of the field by the entrance to Cascade Park to the front where there is a parking lot behind an old empty building. I was tossing Rosie’s balls with a Chuck-it and checking out how dry the front vernal pool was and I noticed a man with one dog leashed and another off leash The one off leash began stalking behavior. I don’t normally take this seriously since many dogs we have met do this kind of behavior, as well as Rosie herself, and it always ends in a game of tag. Rosie wanted to return the behavior but the man was yelling for the dog (maybe “Nellie”?) but the dog just kept going. I had Rosie in a down-stay about 5 feet away from my right. To my utter shock, this dog just lunged at Rosie who was luckily turned around to run anyway and the dog would not leave her alone. Sheer panic rose out of my lungs as I yelled at this dog at the top of my lungs… it just happened. There was no forethought. Even when the man finally got to the scene to pull his dog off of Rosie that dog did not want to stop fighting. For all I know, this dog was out for blood and death. At points I tried to get hold of my pepper spray that hangs around my neck with a bright orange rescue whistle, but it just wasn’t happening. The man asked if she was alright, but I wasn’t sure yet. Rosie has a thick double coat that makes it difficult to find wounds on her skin. When she was attacked by a German Shepherd Dog as a pup, I did not feel or see any wounds, but later at the vet, Dr. Ritchie found some puncture wounds right off under the thick hair on her hips.

One thing I noticed is that Rosie was trying to hide somewhere. I thought it was because of the attack. She was acting weird. Later I would realize that she was hiding from ME! I was crushed.

So this guy comes back around to recheck and I said that I couldn’t find anything (wound wise that is). I then stood up and told him I would need his information because this was my service dog. He got all snippy and rude saying “I’m not going to give you my information. Your dog is fine!” and he began to walk away. Rosie at this point figured that this guy was the quietest and didn’t yell and was walking towards them. I am trying to call her back. He goes “See she’s walking right up to us!” And his dog was moving towards her every time. That followed by name calling and something about how I should follow the leash law (?). There is no leash law, and if there was he was violating the law as much as anyone. Yes my dog was off leash as she has been in that field since day one at 9 weeks old. She listens, doesn’t run off and is friendly. My dog is friendly. But this really wasn’t about my dog. It was about him and his dog that had just brutally attacked my dog who is also a medical alert dog. As he walked on and continued to call me names, I took his picture. He didn’t seem to mind, probably because he didn’t feel he was in the wrong here. Arrogance.

Above: The man, in this picture is calling me names and telling me that I should follow the leash laws. What leash laws? And wait, which dog was in down-stay and which dog was stalking and ignoring its human, and which dog attacked another who was in a down-stay and minding her own business?? Before you start blabbing nonsense, make sure you have the facts straight buddy. If any dog had to be leashed, it was YOURS!

Let’s stop here and take a look at Maine State Service Dog Law…

Attack on a Service Animal (Title 7; Part 9; Chapter 729; 3961-A)

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 of a violation of this section, the court shall order the person to make restitution to the owner of the Service Animal for any veterinary bills and necessary retraining costs or replacement costs of the service animal if it is disabled or killed.

So I am left there in the field with Rosie who wanted nothing to do with me because when I yelled at the top of my lungs, I had scared her. How was she to know that I wasn’t yelling at her? As a result, her way of alerting me has been to get all wide eyed and leave, which I must say really didn’t help deescalate the situation. She has always checked in on me no matter where we are and what she is doing, and alerts when she feels she needs to. Not any more. I am not sure how to get her to alert properly again. Damage done.

I called animal control and reported the attack. Animal control said that I should stop by the Police Dept. and report it there as well. She said they could probably use that photo I took of him. So I walked back into town immediately. The spirit of the afternoon was gone. The field had already been hayed so Saxl was a rather barren land with no wild flowers or birds (because a number of them nest in the bushes and brush.) The only pictures I took that day at the field was a few of some sweet smelling Milk Weed, and this jerk whose dog had attacked my service dog.

I spoke to Officer Millard at the Bangor P. D. I had a feeling that this would most likely go no where as most things I report do. I left a message with Animal Control today, and have heard nothing. It was a long weekend due to the Fourth of July events and Monday being a holiday mostly for those who need to recover from their hangovers. I had expected someone to call me back, but nothing.

So at this point, my service dog is damaged, and that has affected the work she does for me. She also begins to pull ahead whenever a dog barks at us, or shows any sort of over-exuberance. I have to say I jump too. In the past few months since I have increased my activity, Rosie and I have been charged by 2 pit bulls, one nearly grabbed her hindquarters (Off of his property), one Boxer who seems to go as far as the end of her property, some sort of pit bull/American Bulldog/ Mastiff type dog near the entrance to the City Forest, and a white fluffy thing down the road who’s people made him mean. That dog rushed us on the sidewalk and began going after Rosie. On my way by, I mentioned that there was a $1,000 fine for an attack on a service animal. Now whenever they are out walking, they give us wide berth. This is the same person I am sure, who right out front on the sidewalk at the end of the front yard, a guy walked by with a small dog and seemed to be bragging that the mop would attack my dog if it was off leash. I have seen people in this neighborhood trying to make small dogs mean before, so I can believe that. Not surprisingly, both Rosie and I are very wary of every dog we see and/or hear.

It presently looks like another Maine Law is not being enforced. Most people, even the ones you would expect to know the laws don’t even familiarize themselves with them. Therefore, ignorance means they don’t have to work too hard on this one.

Police Resist Education...I dropped off a pamphlet that Crystal and I had posted on the Internet that put all the Service Dog pertinent laws on one pamphlet JUST THE WAY IT IS WRITTEN. This means that we wrote our pamphlet so that it was not any one person’s assumptions, translations or hypothesis. The officer said that they already had some of those pamphlets. (I was handing him just ONE pamphlet.) I knew that wasn’t true (our link for this online pamphlet is not widely known), and knew he was probably either lying or talking about the Maine Human Rights Commission’s pamphlet. If it was the latter, that meant the officer was not familiar with the pamphlet they were given. Why do people resist education?

Here is what I might know about the man whose dog attacked my service dog in the field. I believe that in order to avoid me on his way back to his vehicle that he cut off the trail in a weird spot (next to Fisheries & Wildlife building, the non parking lot side). Then he walked to his car which was a white SUV type vehicle. If he ever comes back to the field, I will take a picture of the jerk’s license plate too.

This man needs to be held accountable for what his dog did. I am sick of people who are supposed to care and enforce these laws that protect our pets, service dogs, and farm animals not doing anything, unless there is an open wound. My service dog is proof that there is more to damage than the visible ones. (Heck, so am I with an invisible disability!) She is a nervous wreck around other dogs, and before she could do fine with others… would just ignore them. Perhaps the issue with my dog alerting was my fault? But then again I wouldn’t have gone from a 0- 100 sudden panic attack had that man’s dog not attacked my dog. It is vicious dogs like this one, and stupid owners who let these dogs off leash who make it necessary to create leash laws.

I should be able to go places with my service dog without having to worry about some dog charging and attacking us. I just want to feel safe. Do I at least deserve that right?

The Following Information is a Bit Repetitive.  Bare with me...
Value of a Service Dog...
If the Police Department and Animal control really knew the value of service dogs to a person with ANY kind of disability maybe they would try a little harder to uphold the laws that are supposed to protect service dogs and their handlers.  To not do anything at all, it is like the police are saying they don't really give a crap about a dog.  That is the problem.  My dog is a Service dog, not just a pet.  It took years of hard work, training, testing, and lots of money to make my dog who she is today.  The injuries to a service dog do not have to be visual to damage the service dog's ability to do it's job.  The guy shown above thought that if my dog had no open wounds that there was nothing else he needed to do.  However, this jerk doesn't realize that the emotional damage is often just as debilitating, sometimes causing a dog to need to retire early.  My dog has been unable to properly alert me since this attack.  When my anxiety begins to rise, she is totally afraid of me and goes off to hide because I freaked out when the dog attacked and Rosie thought I was yelling at her.  I scared her.  It breaks my heart (and doesn't help my anxiety much) to see her do this.

We are not safe...
 Every dog that barks when we walk down the street scares her to death.  And it doesn't matter if Rosie is off leash or on leash.  We have been attacked both on and off.  Actually, we have been attacked more on leash than off.  That throws the whole "Leash law" safety theory right out the window.  The truth is... Rosie and I are NOT safe ever.  Doesn't matter if we are in the forest, field or walking up the road.  And the fact that we have a police department that doesn't seem to give a crap half the time doesn't help at all.  I thought they were to "Serve and Protect".  This service dog has kept me out of police cruisers and out of hospitals, and have saved their wallets valuable taxpayers' money.  Maybe they miss roughing me up when I am having a panic attack or problems with active flashbacks.  Maybe THEY want to cover the cost of raising and training my next service dog who may have to arrive earlier than I had planned.  They cost anywhere from $7,000- $20,000.  Service dog maintenance is an extra few thousand dollars a year extra.  Medicaid and Medicare don't help me cover the costs of my service dog even though she has done far more than any paid professional has ever done for me.  I spend everyday and every hour with my service dog.  We have been a team for almost 6 years now.  Our bond to one another is priceless.  Think they can cover that?

Here is a video someone sent me the link to that urges Police Officers to uphold service dog protection laws (the film talks about guide dogs and their visually impaired handlers, but at the end specifies that the protection is extended to other type service dogs.)  I found it a little traumatizing probably because the dog attack from a few weeks ago has still left me and my dog kind of raw and fragile.

http://www.assistancedogsinternational.org/images/movies/gduc_800.wmv

I think I am going to make some wanted posters to hang around town.  Maybe someone will help me identify this jerk whose dog attacked my Rosie.  I think it is about time someone pays for something like this to set an example that if your dog is not friendly and/or doesn't listen, keep it leashed.  Heck, keep it muzzled and keep it home!  I can't afford to lose my girl!

Update...
Oh, I heard from animal control a week later.  She said she had been on vacation so she hadn't gotten back with me.  She said that they can't find the person whose dog attacked Rosie.  How would they expect to find the guy if the only detail I gave the police was "He had really short brown hair and glasses".  The police didn't want my photo.  He didn't even want to look at the photo.  And later on when I came back with the pamphlet with the Maine SD laws in it, the officer tried to tell me that someone from Augusta had already given them pamphlets.  I knew that they didn't have THIS pamphlet because my friend and I created this so that we had the state SD laws as they are written in the law.  MCRC was kind of loose with their translation of the SD laws.  Both Pamphlets are accessible on the side of this blog under Rosie's Favorite Links.  You can make a copy of it for your own use.

8/10/2010
This morning I was supposed to meet with the trainer but her husband was called into work and one of her friend's dogs was having pups so she needed to go over and help.  Great.  Anxiety attack.  My dog runs and hides from me which only makes me feel worse and makes the panic attack get worse and last even longer.  I just don't understand how she can totally love me and then totally fear me in the same second.  I gave her nearly 6 good years of pampering, training and lots of love and praise.  Where is it?  How can one incident totally ruin my service dog?  I just don't get it.  I am so scared that she will have to retire.  If she does, she will not be able to go with me in public and will be totally unhappy.  I wish she understood that.  I wish she knew the importance of alerting me and that I need her to do that.

To see this as a larger image, click on the picture.
Do You Know This Man?

!MAINE RESIDENTS HEED WARNING!

If you have a handler-trained service dog, have a psychiatric service dog or autism service dog, or if you have a NOT non-profit training facility that trains and helps handlers train service dogs in the State of Maine, this bill could affect you!

It sounds innocent enough, but it is not. Please read the following LD carefully and be prepared to write a letter to your representative as soon as possible! There will probably be a number of people going to Augusta to testify against this LD at a later point. Below you can read the LD out for yourself. The added colors, italics and use of bold lettering has been added to hopefully make this piece easier to read. The print that is in yellow is my little editorial of the last section. I am hoping that the "editorial" will help give you a (rather biased) idea of what the thing is trying to say, or what could happen if this thing passes and becomes a law. If you do not want to read that part, just skip over all of the yellow type. If you have any problems, leave me a message in the blog and I will get back to you if you leave your email address.

__ __ __ __ __

"This bill enacts a definition of "service dog". It requires documentation of minimum training standards for service dogs and dogs trained to assist in law enforcement and search and rescue efforts in order to receive an exemption from licensing fees."

Legislative Document
No. 289
H.P. 233

An Act to revise the definition of "service dog"
Referred to the Committee on Business, Research and Economic Development

Presented by Representative ROBINSON of Raymond,

Cosponsored by Senator HASTINGS of Oxford, Senator COURTNEY of York, Representatives AUSTIN of Gray, BEAUDETTE of Biddeford, BEAULIEU of Auburn, FARRINGTON of Gorham, PRESCOTT of Topsham, RECTOR of Thomaston, and SAVAGE of Falmouth

_________________ _________________ _____________________

Bill Text

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An Act To Revise the Definition of Service Dog

Be it enacted by the People of the State of Maine as follows:

_

Sec. 1.7 MRSA sub.sec.- 13, as enacted by PL1987, c. 383,sub.sec. 3, is repealed.

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13. Guide dog or hearing dog kept for breeding purposes... means a male or female dog owned by a nonprofit organization for the purpose of producing puppies to be trained as guide dogs or hearing dogs and living with a resident of the State.

***

---What does this mean to me? Breeding dogs are worth more to the State than my task-trained, handler trained service dog even though she has saved the State of Maine more money than conventional methods. Any dog can become a Service dog if it has the right stuff. It doesn't have to be specially bred for the purpose.

_

Sec. 2.7 MRSA sub.sec. 24-A is enacted to read:

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14. Guide dog or hearing dog kept prior to training... means a dog under 18 months of age, owned by a nonprofit organization for the purpose of training as a guide dog or hearing dog and living temporarily with a resident of the State prior to training.

***

---What does this mean to me? It means that I will no longer have the right to raise and train my own service dog, and that a temporary puppy raiser is more suited for the job of raising my future service dog than I am.

_

Sec. 3.7 MRSA 3907, sub.sec. 24-A, is enacted to read:

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24-A. Service dog... means a dog that has been or is being trained to provide special services to its handler including a guide dog for a person who is blind or visually impaired, a hearing dog for a person who is deaf or hard-of- hearing and a personal care dog as defined in Title 17, section 1312, subsection 7.

***

---What does this mean to me? It means that because I do not have a "physical" disability that I don't qualify for a service dog according to the State of Maine.

_

Sec. 4.7 MRSA 3922, sub.sec. 4, as amended by PL 1995, c. 409, sub.sec. 4 is repealed and the following enacted in its place:

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4. Trained guide dogs. If a trained dog has not been previously registered or licensed by the municipal clerk to whom the application is being made, the clerk shall not register the dog nor issue to its owner or keeper a license and tag unless written evidence is provided that the dog is trained and educated and intended to perform guide dog service for the applicant.

***

--- What does this mean to me? Is written evidence a doctor's script? No where do I see anything about having a prescription for a service dog here. Also it is further proof that I will not be able to raise and train my own service dog.

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4. Service Dogs. When the owner of keeper of a service dog is applying to license a dog that has not been previously licensed as a service dog, the owner or keeper must provide the documentation required under section 3923-A, subsection 3-A.

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Section 5.7 MRSA 3923-A, first as amended by PL 2003, c. 405, sub.sec. 13, is further amended to read:

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Exempt as provided in subsection 3 3-A and section 3923-C, a dog owner or keeper obtaining a license from a municipal clerk or dog recorder shall pay the license and recording fees established in this section.

***

--- What does this mean to me? This just says that owners of pet dogs still have to pay the licensing fee.

_

Sec. 6.7 MRSA 3923-A, sub.sec. 3, as amended by PL2001, c. 422, sec. 9 is repealed.

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3. Exemption from fees. A municipal clerk or a veterinary licensing agent shall issue a license upon application and without payment of a license fee required under this section for:

A. A trained guide dog owned or kept by a visually impaired person or such a dog awaiting training,

B. A trained hearing dog owned or kept by a hearing- impaired person or such a dog awaiting training,

C. A trained service dog owned and kept by a physically impaired person or such a dog awaiting training,

D. A trained search & rescue dog recognized by the Department of Inland Fisheries and Wildlife or by the statewide association of search and rescue that cooperates with the Department of Inland Fisheries and Wildlife in developing standards for search and rescue or such a dog awaiting training, and...

E. A dog certified by the State and used for law enforcement purposes.

***

---What does this mean to me? The above means that my service dog does not qualify as a recognized service dog by the State of Maine. It is saying that I must pay to get my dog licensed and that she will not be licensed as a service animal. It also means that Service dogs for disabled individuals are bunched together in Maine law with public service animals (police dogs and SAR dogs) who do not serve the disabled and are not bound by ADA law. This only happens because it is obvious that who ever created this LD was not at all familiar with the ADA and how it applies to Service animals for the disabled individual.

_

Sec. 7.7 MRSA 3923-A, sub.sec. 3-A is enacted to read:

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3-A. Exemption from fees... a municipal clerk or veterinary licensing agent shall issue a license upon application and without payment of a license fee required under this section for:

A. A service dog when the dog's owner or keeper presents documentation that the dog is certified in accordance with title 26, section 1412-I or is enrolled for training as a service dog with an organization accredited under Title 26, section 1412-I;

B. A trained search and rescue dog when the dog's owner or keeper presents documentation that the dog is certified in accordance with Title 12, section 10054, subsection 4-A, and...

C. A law enforcement dog when a law enforcement officer presents documentation that the dog is certified in accordance with Title 25, section 2803-A, subsection 8-D.

After initial licensing as a service dog, documentation is not required under this subsection for license renewals unless the owner of keeper of the dog changes.

***

---What does this mean to me? It means that my dog must be certified as a service animal through one of the State of Maine's special nonprofit accredited organizations in order to be licensed as a service animal. Otherwise, I must pay the fee and have her listed as a pet.

However, it also means that public service dogs (police and SAR dogs) do not have to take a yearly refresher course, which means that the dog may not keep up to the minimum standard that will be required of them. Training never stops.

_

Sec. 8.7 MRSA 3961-A, last as enacted by PL 2001, c.220, sec. 2 is repealed.

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For the purposes of this section, "service dog" means a guide dog for the visually impaired, or a hearing dog trained to alert a person with impaired hearing, or a personal care dog as defined in Title 17, section 1312, subsection 7.

_

Sec. 9.12 MRSA 10054, sub.sec. 4-A is enacted to read:

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4-A. Search and rescue dogs. Development of minimum training standards for dogs certified as search and rescue dogs. the bureau shall develop a certificate to be issued to the owner or keeper of a dog that successfully completes a search and rescue training program recognized by the bureau as meeting or exceeding the standards developed under this subsection. The certificate must identify the dog by breed and the owner or keeper of the dog who participated in the training.

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---What does this mean to me? I have no problem with this. I hope that they raise the standards so that these public service dogs are expected to behave in public like the service dogs for individuals with disabilities are expected to do.

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Sec. 10.17 MRSA 1011, sub.sec. 13 as enacted by PL 1987, c. 383, sec. 4 is repealed.

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13. Guide dog or hearing dog kept for breeding purposes... this means a male or a female dog owned by a nonprofit organization for the purpose of producing puppies to be trained as guide dogs or hearing dogs and living with a resident of the State.

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---What does this mean to me? I am having a problem with the fact that Maine recognizes "special" breeding dogs as being more important than my service dog that has been custom trained for my specific disabilities and needs.

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Sec. 11.17 MRSA 1011, sub.sec. 14 as enacted by PL 1987, c. 383, sec. 4 is repealed.

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14. Guide dog or hearing dog kept prior to training... means a dog under 18 months of age, owned by a nonprofit organization for the purpose of training as a guide dog or hearing dog and living temporarily with a resident of the State prior to training.

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Sec. 12.25 MRSA 2803-A, sub.sec. 8-D is enacted to read:

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8-D. Training of law enforcement dogs. to establish training standards for dogs used for law enforcement purposes, the board shall develop a certificate to be issued to the owner or keeper of a dog that successfully completes a training program recognized by the board as meeting or exceeding the standards developed under this subsection.

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---What does this mean to me? It means that I hope that this minimum standard will include the handler of this dog must trust the dog with the public it will be working for. If these dogs are not trained well or not trained on an ongoing basis, they can become too aggressive to handle. A dog that is too aggressive and cannot be trusted by its own handler should be retired and sent to Cesar Milan at the Dog Psychology Center in Los Angeles, California.

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Sec. 13.26 MRSA 1412-I is enacted to read:

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1412-I. Certification of service dogs.

No later than July 1, 2008, the commissioner shall adopt rules to establish minimum training standards for service dogs and an accreditation process for persons or organizations that provide training that meets or exceeds the standards developed under this section.

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---What does this mean to me? It means that I will have no choice about the training of my service dog and will not be allowed to train my own dog.

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For the purposes of this section, "service dog" has the same meaning as in Title 7, section 3907, subsection 24-A. The rules must include training standards for guide dogs for people who are blind or visually impaired, hearing dogs for people who are deaf or hard-of-hearing and personal care dogs for people with disabilities other than those related to vision or hearing. rules adopted under this section are routine technical rules defined in Title 5, chapter 375, subchapter 2-A.

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The commissioner shall develop and maintain a list of accredited trainers and furnish certificates to those trainers to be issued to the owner or keeper of a dog that successfully completes a training program. The certificate must identify the dog by breed and type of service training received and the owner or keeper whom the dog has been trained to assist or who is keeping the dog pending assignment of that dog to a person needing the dog's services.

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---What does this mean to me? My dog will need to be "certified" in order to maintain her "Service dog" status. The money they will waste on implementing this whole thing could be saved by letting individuals who are able raise and train their own service dog. Not all disabilities can fit the "cookie cutter" service dog training program. There are plenty of small training facilities who won't charge a person and arm and a leg to assist in the training of a service dog... some who will even raise and train them from puppyhood. Waiting lists for service dogs at many nonprofit facilities are very long, and won't train for all disabilities... but since the State of Maine will not be recognizing all disabilities that presently are helped by service dogs, I guess it won't matter. Prices for these dogs is way beyond the ability of a person with a disability. Training my own dog for serving me has cost far less than if I had gotten her from a facility and the bond we have from going through everything together is priceless.

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What does this Mean?

Who does this affect?

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-Disabled individuals* with non-certified service animals

-Disabled individuals* with disabilities that are not perceived as "physical" such as psychiatric service dogs and autism dogs

-Disabled individuals who have trained or are training their own service animal.

-Training facilities that are not a nonprofit organization that train service dogs and assist handlers to train their own service dog.

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Why should this bother me?

This bill will violate the rights of people with disabilities. The list of rights I am talking about is the ADA, which is a Federal act that was designed to help protect individuals with disabilities and help protect them from certain types of discrimination. It is apparent to me that the individuals that support this LD have not familiarized themselves with the ADA and its definition of "service dog" or "service animal. There are a few links down at the lower left side of this screen for you to view some information put out by the ADA and also of some of the Maine laws already in place for service animals. The ADA does not require certification or training at a special training facility. The ADA also does not say that the service animal must be a dog. Training for a disability as varied as psychiatric illnesses requires a more custom training program, not a regular "cookie- cutter" training program as with seeing-eye dogs or hearing dogs who are all trained the same list of tasks. Thus handler training with assistance or even alone is usually the best approach.

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*Also known as "PWD or people with disabilities which is the more socially acceptable way of wording it.