Colorado veteran fights service dog’s death sentence

by Sue on February 28, 2013

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Colorado veteran fights service dog’s death sentence

Published February 28, 2013

Associated Press

MONTROSE, Colo. – A Montrose veteran is challenging a judge’s decision to euthanize his service dog for repeatedly biting a woman.
The Montrose Daily Press reported Wednesday that Jeremiah Aguilar has filed an appeal.

He was ordered to turn the dog, Dutch, over to animal control officials on Feb. 14 but never did. Aguilar maintains that his dog was provoked but the woman denies that.

She says she broke up a fight between Dutch and her dog and that Dutch attacked her once she took him home to clean him up. She raised Dutch before giving him to Aguilar.

Aguilar has been ordered to appear in court in April to show why he shouldn’t be held in contempt of court for not turning the dog over.

Read more: http://www.foxnews.com/us/2013/02/28/colorado-veteran-fights-service-dog-death-sentence/#ixzz2MDUPh8US

Note from Sussie: I only have one thing to say about this. If you are stupid enough to put your hand in a dog fight, you deserve to get bit!

Sussie and the Friendly Five.
Gunny, Rainy, Lucy, Squeaky, Trina and Hildee.

{ 11 comments… read them below or add one }

1 Ronnie 03.04.13 at 7:14 am

I think the judge needs to know which dog was not on a leash.
Ronnie

2 Charles Vanderriff 03.04.13 at 8:47 am

Dogs will be dogs as the ADA law says that being the case when they are attacked they have a fear of the agressor and some will try to defend themselves. In this case it sounds like the ladys dog attacked the service dog and therfor she is the aggressor. If she took the dog to clean it up it must have had a lot of pain and would naturaly be defensive.
Oklahoma law is very much to the point. if a service dog is attacked the attacker is liable for all damage and replacment pluss a fine and a year or three in jail. The judge is wrong in any case and should be overturned and charges againts the owner of the dog that attacked it.
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Oklahoma

Consolidated Assistance Animal/Guide Dog Laws

Statute Details
Printable Version
Citation: OK ST T. 7 § 12 – 13; 7 OK ST T. 7 § 19.1 – 19.2; OK ST T. 21 § 649.3; OK ST T. 41 § 113.1

Citation: 7 Okl. St. Ann. § 12 – 13; Okl. St. Ann. § 19.1 – 19.2; 21 Okl. St. Ann. § 649.3; 41 Okl. St. Ann. § 113.1

Last Checked by Web Center Staff: 08/2012

Summary:
The following statutes comprise the state’s relevant assistance animal and guide dog laws.

Statute in Full:

Oklahoma Statutes Annotated. Title 7. Blind Persons. Chapter 1. Services to the Blind. Canes.

§ 12. Duty of drivers of vehicles

§ 13. Penalty

Oklahoma Statutes Annotated. Title 7. Blind Persons. Chapter 1. Services to the Blind. Guide Dogs.

§ 19.1. Public conveyances and public accommodations–Guide, signal, or service dogs–Identification of dog–Definitions

§ 19.2. Penalty

Oklahoma Statutes Annotated. Title 21. Crimes and Punishments. Part III. Crimes Against The Person. Chapter 20. Assault and Battery.

649.3. Harming, mistreating or killing service animal–Willful interference with service animal’s performance–Permitting animal to fight, injure or kill service animal–Penalties–Exemption from registration or license fees

Oklahoma Statutes Annotated. Title 41. Landlord and Tenant. Residential Landlord and Tenant Act.

§ 113.1. Denial or termination of tenancy because of guide, signal or service dog

Oklahoma Statutes Annotated. Title 7. Blind Persons. Chapter 1. Services to the Blind. Canes.

§ 12. Duty of drivers of vehicles

Any driver of a vehicle who knowingly approaches within fifteen (15) feet of a person who is in the roadway or at an intersection and who is wholly or partially blind and who is carrying a cane or walking stick white in color, or white tipped with red, or who is using a dog guide wearing a specialized harness, or who is wholly or partially deaf and is using a signal dog wearing an orange identifying collar, or who is physically handicapped and is using a service dog, shall immediately come to a full stop and take such precautions before proceeding as may be necessary to avoid accident or injury to the person wholly or partially blind, deaf or physically handicapped. For purposes of this section, a “dog guide” means any dog that is specially trained to guide a blind person.

CREDIT(S)

Laws 1949, p. 47, § 2, emerg. eff. June 6, 1949; Laws 1997, c. 57, § 1, eff. Nov. 1, 1997; Laws 1998, c. 108, § 1, eff. Nov. 1, 1998; Laws 2002, c. 141, § 1, eff. Nov. 1, 2002.

§ 13. Penalty
Any person, other than a person wholly or partially blind, who shall carry a cane or walking stick such as is described in this act, contrary to the provisions of this act, [FN1] or who shall violate any of the provisions of this act shall be guilty of a misdemeanor and upon conviction thereof shall be punished by imprisonment in the county jail not exceeding three (3) months, or by fine not exceeding One Hundred Dollars ($100.00), or by both such fine and imprisonment.

CREDIT(S)

Laws 1949, p. 47, § 3, emerg. eff. June 6, 1949.

Oklahoma Statutes Annotated. Title 7. Blind Persons. Chapter 1. Services to the Blind. Guide Dogs.

§ 19.1. Public conveyances and public accommodations–Guide, signal, or service dogs–Identification of dog–Definitions

A. Any blind, physically handicapped, deaf or hard-of-hearing person who is a passenger on any common carrier, airplane, motor vehicle, railroad train, motorbus, streetcar, boat, or any other public conveyance or mode of transportation operating within this state or any dog trainer from a recognized training center when in the act of training guide, signal, or service dogs shall be entitled to have with him or her a guide, signal, or service dog specially trained or being trained for that purpose, without being required to pay an additional charge therefor, but shall be liable as hereafter set forth in subsection B of this section.

B. A blind, physically handicapped, deaf or hard-of-hearing person and his or her guide, signal, or service dog or a dog trainer from a recognized training center in the act of training guide, signal, or service dogs shall not be denied admittance to or refused access to any of the following because of such dog: Any street, highway, sidewalk, walkway, any common carrier, airplane, motor vehicle, railroad train, motor bus, streetcar, boat, or any other public conveyance or mode of transportation, hotel, motel, or other place of lodging, public building maintained by any unit or subdivision of government, building to which the general public is invited, college dormitory and other educational facility, restaurant or other place where food is offered for sale to the public, or any other place of public accommodation, amusement, convenience, or resort to which the general public or any classification of persons from the general public is regularly, normally, or customarily invited within the State of Oklahoma. Such blind, physically handicapped, deaf or hard-of-hearing person or dog trainer from a recognized training center in the act of training guide, signal, or service dogs shall not be required to pay any additional charges for his or her guide, signal, or service dog, but shall be liable for any damage done to the premises by such dog.

C. A dog used by a deaf or hard-of-hearing person shall be required to wear an orange identifying collar.

D. For the purposes of this section and Section 113.1 of Title 41 of the Oklahoma Statutes:

1. “Physically handicapped person” means any person who has a physical impairment which severely and permanently restricts mobility of two or more extremities, or who is so severely disabled as to be unable to move without the aid of a wheelchair;

2. “Service dog” means any dog individually trained to the physically handicapped person’s requirements; and

3. “Signal dog” means any dog trained to alert a deaf or hard-of-hearing person to intruders or sounds.

CREDIT(S)

Laws 1968, c. 9, § 1, emerg. eff. Feb. 6, 1968; Laws 1981, c. 41, § 1; Laws 1985, c. 19, § 1, eff. Nov. 1, 1985; Laws 1988, c. 71, § 1, emerg. eff. March 25, 1988; Laws 1989, c. 154, § 3, operative July 1, 1989; Laws 1992, c. 122, § 1, emerg. eff. April 23, 1992; Laws 1998, c. 246, § 3, eff. Nov. 1, 1998.

§ 19.2. Penalty
Any person, or persons, firm, association, or corporation, or the agent of any person, firm, association, or corporation, who shall violate the provisions of Section 19.1 of this title shall be guilty of a misdemeanor.

CREDIT(S)

Laws 1968, c. 9, § 2, emerg. eff. Feb. 6, 1968; Laws 1985, c. 19, § 2, eff. Nov. 1, 1985.

Oklahoma Statutes Annotated. Title 21. Crimes and Punishments. Part III. Crimes Against The Person. Chapter 20. Assault and Battery.

§ 649.3. Harming, mistreating or killing service animal–Willful interference with service animal’s performance–Permitting animal to fight, injure or kill service animal–Penalties–Exemption from registration or license fees

A. No person shall willfully harm, including torture, torment, beat, mutilate, injure, disable, or otherwise mistreat or kill a service animal that is used for the benefit of any handicapped person in the state.

B. No person including, but not limited to, any municipality or political subdivision of the state, shall willfully interfere with the lawful performance of any service animal used for the benefit of any handicapped person in the state.

C. Except as provided in subsection D of this section, any person convicted of violating any of the provisions of this section shall be guilty of a misdemeanor, punishable by the imposition of a fine not exceeding One Thousand Dollars ($1,000.00), or by imprisonment in the county jail not exceeding one (1) year, or by both such fine and imprisonment.

D. Any person who knowingly and willfully and without lawful cause or justification violates the provisions of this section, during the commission of a misdemeanor or felony, shall be guilty of a felony, punishable by the imposition of a fine not exceeding One Thousand Dollars ($1,000.00), or by imprisonment in the Department of Corrections not exceeding two (2) years, or by both such fine and imprisonment.

E. Any person who encourages, permits or allows an animal owned or kept by such person to fight, injure, disable or kill a service animal used for the benefit of any handicapped person in this state, or to interfere with a service animal in any place where the service animal resides or is performing, shall, upon conviction, be guilty of a misdemeanor punishable as provided in subsection C of this section. In addition to the penalty imposed, the court shall order the violator to make restitution to the owner of the service animal for actual costs and expenses incurred as a direct result of any injury, disability or death caused to the service animal, including but not limited to costs of replacing and training any new service animal when a service animal is killed, disabled or unable to perform due to injury. For purpose of this subsection, when a person informs the owner of an animal that the animal is a threat and requests the owner to control or contain the animal and the owner disregards the request, the owner shall be deemed to have encouraged, permitted or allowed any resulting injury to or interference with a service animal.

F. Notwithstanding any ordinance in effect as of the effective date of this act, [FN1] no municipality or political subdivision of the state, or any official thereof, may enact or enforce any ordinance or rule that requires any registration or licensing fee for any service animal as defined in this section that is used for the purpose of guiding or assisting a disabled person who has a sensory, mental, or physical impairment. Any official violating the provisions of this paragraph shall be guilty of a misdemeanor punishable by a fine of not less than Fifty Dollars ($50.00).

G. As used in this section, “service animal” means an animal that is trained for the purpose of guiding or assisting a disabled person who has a sensory, mental, or physical impairment.

CREDIT(S)

Laws 2004, c. 281, § 1, emerg. eff. May 10, 2004; Laws 2005, c. 158, § 1, eff. Nov. 1, 2005.

[FN1] O.S.L. 2005, c. 158, effective November 1, 2005.

Oklahoma Statutes Annotated. Title 41. Landlord and Tenant. Residential Landlord and Tenant Act.

§ 113.1. Denial or termination of tenancy because of guide, signal or service dog

A landlord shall not deny or terminate a tenancy to a blind, deaf, or physically handicapped person because of the guide, signal, or service dog of such person unless such dogs are specifically prohibited in the rental agreement entered into prior to November 1, 1985.

CREDIT(S)

Laws 1982, c. 251, § 3, eff. May 11, 1982; Laws 1985, c. 19, § 3, eff. Nov. 1, 1985.

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3 Charles Vanderriff 03.04.13 at 8:56 am

Last part of post cover the Oklahoma Law and he needs to take it to cort with him. What the jusdge is doing is wrong. Good luck. My CEO and his shyster attorney tried to get my dog declared vicious but it failed. Nurse was playing and tried to take the ball out of his mouth and got scratched and she told them it was her fault.

4 wendy 03.04.13 at 9:35 am

i go to loma linda va hospital regularly n there is a ?service chow mix that has beared teeth n gone to bite mine. police do nothing….a trainer if went to police n stated that her dog is prootection……i feel both dogs evaluated n complete story be told……

5 Tammy 03.04.13 at 10:25 am

Anyone knows a dog in pain (being cleaned up after a fight) is at a heightened level of energy and that the possibility of being bitten by even the most docile dog while cleaning wounds is a likely possibility!!!! People are idiots! If you got bit once and continued cleaning him up without muzzling him and knowing he didn’t like it why would you continue????? He speeks dog and warned you in dog language and you did not heed the warning!

6 Kathy Bright 03.04.13 at 1:27 pm

What seems to be the issue here and happens all around the country and world, is that Service Dogs are NEVER protected!!!! This judge should have been asking this woman why her dog attacked this mans SD!!!! And charge her with a felony because its on the Judge to uphold the laws of the land, and he is not protecting the Veteran’s SD from the attack. It’s the same everywhere, I have had my SD attacked by dogs running at large, and my police look at me when I quote that law like I just spoke a foreign language to them!!! They ignore what you say and blow it off that its just another dog. :( My area is very Service Dog ignorant. Another reason why I am going to be moving hopefully by Fall.
Good Luck Mr. Aguilar, I do hope that the courts side with you and your Dutch is sparred :)

7 Tamara 03.04.13 at 4:38 pm

After searching the Web and emailing what turned out to be Dutch’s breeder, I have to say that he should never have even been considered a service dog candidate. At the time he attacked Heather and her dog he was a pet, not a service dog – a pet with a history of aggression towards other dogs. Jeremy evidently thought that if he bought service dog ID online and claimed Dutch was his PTSD Service Dog he’d sway the judge’s decision and garner pulic support; I’m glad he was only half-right. There’s no possible way an intact male dog whose breed function is to guard livestock and protect against intruders could go from brutally attacking the woman who cared for him until he was six months old while she was attempting to offer first aid despite his having attacked her dog without apparent provocation to being a trained service dog in three months! My service dog is a sixteen-pound schnoodle. An aggressive 100+-lb. dog could kill him in an instant. I think the judge made the right decision, and that it’s a shame that Jeremy is using his status as a veteran to obscure the fact that Dutch is indeed a dangerous dog who would pose a threat to both pet and legitimate service dogs if he were allowed to keep him and continue to claim that he’s a service dog.

8 Charles Vanderriff 03.04.13 at 7:06 pm

Who was the breeder owner? Was it the lady bitten and how do you know who attacked, Was eather one on a leash etc.

9 Kathryn 03.04.13 at 10:00 pm

Why did the dog attack the woman? According to examiner.com(http://www.examiner.com/article/the-story-behind-the-vicious-dog-declaration-on-veteran-s-dog-dutch), during the fight between the two dogs, the woman “admits to beating the dog repeatedly with her fists and a metal pole.” Here is a severely agitated, injured dog, strung out after a fight and a severe beating reacting to attempts to clean painful wounds by someone who is not his current owner (Former owner is just that – former).

Dogs are not human. They do not settle fights with nice neat legal actions or by sitting around a campfire holding hands and singing songs. Any human attempt to intervene in a dog fight carries with it a high possibility of receiving a dog bite and I would hope most dog owners understand that. Would I have tried to stop the fight? Yes. Would I insist the dog be destroyed? No. If I understand the situation correctly, both owners point the finger of blame at each other. The owner of the service dog may be liable for bearing some of the medical costs of the other owner if it is proven the service dog attacked but, from everything I have read, no one really knows which dog started the fight.

10 Charles Vanderriff 05.04.13 at 8:48 am

What is the end of the story? What happend.
My new CEO is obeying the law 90% only one place not to go. Dinneing room and that may go down soon I hope.

11 tami 12.02.13 at 3:36 pm

amen. I have to ask, what kind of service dogs attacks other dogs and bites people. of course stick your hand in a fight and youll get bit, but service animals are not supposed to behave this way. ‘I have a medical alert dog and there is no way he’d start a dog fight or bite anybody. His dog gives all our well trained , well socialized dogs, a bad name and thats why some people are still unhappy about letting them in stores etc. This lady said she GAVE this dog to this man. IS THIS DOG REALLY A SERVICE ANIMAL. IF I SAW THIS BEHAVIOR I WOULD SERIOUSLY DOUBT IT.

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