[ SHOWGSD-L ] latest from Dog Press: LA Considers Themselves Above Federal Law

From: "Ginger Cleary" <cleary1414@xxxxxxxxxxx>
To: "Showgsd-L@Freelists. Org" <showgsd-l@xxxxxxxxxxxxx>
Date: Tue, 10 Mar 2009 17:49:11 -0400


        http://www.thedogpress.com/SideEffects/L-License_Arthur0902.asp

        "LICENSE AND REGISTRATION PLEASE"

        02|25|09
        TheDogPress
        David J Arthur
        Quartz Hill, CA


        Have you ever worried about the police coming to confiscate your
beloved pet(s)? If you live in Los Angeles County California, you may well
find an Animal Control Officer knocking on your door to check if you have a
dog, and are in compliance with one of the strictest spay/neuter laws in the
nation.

        Recently, Animal Control came to the home of Dawn Martinez-Byrne.
Three times, between February 11th and the 13th, Mrs. Byrne found herself
face to face with California's latest rendition of animal control.

        Mrs. Byrne suffers from a form of epilepsy and she depends on her
Standard Poodles Mia, Mercedes, and Bandy to alert her to oncoming seizures.
All three are trained service dogs, and all three are licensed with the
county.  Or at least she thought they were.

        According to the Los Angeles County Code, altered pets may be
licensed for $20, and unaltered pets for $60, however there is a one-time $5
registration fee for service dogs.  Mrs. Byrne had previously purchased
these permanent tags under the exemption. MIA, A TRAINED SERVICE POODLE FOR
MRS. BYRNE

        On this day, the animal control officer told Mrs. Byrne that there
was no exemption for seizure dogs, and that she would have to pay the full
licensure fee, and that all three dogs had to be altered.  When Mrs. Byrne
corrected the animal control officer concerning the law, she was told such a
provision didn't exist for her dogs.

        "The officer who has been here said that there is no service dog
recognized by the county except guide dogs and police dogs," Mrs. Byrne
explained.

        In fact, the section of the County Code stated on their exemption
application does include that a: "Service Dog" is a guide dog or seeing-eye
dog . . . , a signal dog or other dog individually trained to do work or
perform tasks for the benefit of an individual with a disability.

        The ordinance continues: To qualify for an exemption as a Service
Dog, the dog owner must provide documentation satisfactory to the Department
that certifies the dog in question is a qualified service dog and the dog
must have a service dog license with a completed affidavit.

        As for the one-time permanent licensure, the County's animal control
code clearly states: Permanent exemptions, such as permanent medical
waivers, law enforcement dogs, and service dogs do not need to be renewed.

        So are Mia, Mercedes, and Bandy legitimate service dogs?  According
to the U.S. Department of Justice website, under the Americans with
Disability Act (ADA), a copy of which Mrs. Byrne handed to the officer: The
ADA defines a service animal as any guide dog, signal dog, or other animal
individually trained to provide assistance to an individual with a
disability.

        And as for the Officer's assertion that seizure dogs required local
certification, the Act stresses that: If they meet this definition, animals
are considered service animals under the ADA regardless of whether they have
been licensed or certified by a state or local government.

        When Mrs. Byrne pointed out the federal law, she was told that, "If
we DON'T pay, they will seize the dogs, have them fixed, and then we pay
$840 plus the cost of spaying."

        She stated further, "The County refuses to recognize them (but) the
federal government says that they are protected service animals.  Los
Angeles County says they don't have to listen."

        So what is the present situation concerning Mrs. Byrne and her
Poodles?

        "I gave the increasingly angry officer a printout of the ADA laws
covering Service Dogs.  She glanced at it and said, `They have to be
certified by the state.'   I pointed to where it precisely does not say
that, and she told me to be quiet and lower my voice.  I now have a ticket
to apDavid Arthurpear at the shelter."

        Will this ordeal come to a beneficial end for Mrs. Byrne, Mia,
Mercedes, and Bandy?  We wait and worry because Mrs. Byrne says simply,
"March 19th, I get to go to court and demonstrate to a judge that the county
is violating Federal law."








__._,_.___









 Ginger Cleary,Rome, GA  www.rihadin.com
'Emergencies' have always been the pretext on which the safeguards of
individual liberty have been eroded. F.von Hayek
Member GSDCA
Member Sawnee Mtn Kennel Club
GA Director RDOES.


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[ SHOWGSD-L ] latest from Dog Press: LA Considers Themselves Above Federal Law

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