Access Dispute at Public Event
My question involves civil rights in the State of: CA
I had another access dispute this past weekend. Ironically, it was at an art event that benefits people with disabilities, including Service dogs. This man, who claimed to be an ADA attorney, only for businesses who get sued by us, asked to see documentation for my dog. I told him I wasn't required to have that. Explained he is owner trained, and that's my right. He begged to differ. So I showed him the law card I have, with the ADA and Federal Law on it. He gave it a cursory look, and handed it back. Then he made ME read it out loud. I asked for the police, and he pointed to a security off duty officer, and said there they are. Both threatened to physically remove me, and said I was trespassing, and would not sell me a ticket. I was unable to get the cop's name, but got his card with the security company on it. Nobody wanted to be a witness, not wanting to get involved. It was so frustrating that this attorney was pulling such a power trip on me, and looking at me like I was full of it. He said the ADA is a huge thing, and I'm taking a teeny part out of context. (Yeah, the part that pertains to this!) He asked where I got the law card, off the internet? :wallbang:
So I'm hearing that I don't really have any recourse against him personally. The event was organized by a charitable organization, and they would be responsible for his lousy behavior. The police wouldn't enforce the penal code, because there's no time frame for denying access and harassment. He did let me in, after almost an hour of this.
Is there anything I can do..or what should I do?
Re: Access Dispute at Public Event
so what was the reasoning for finally letting you in?
this is not very recent but I would think it is still applicable.
http://www.ada.gov/animal.htm
it appears that California does provide criminal statutes for this sitaution IF;
Quote:
(d) As used in this section, "guide dog" means any guide dog or Seeing Eye dog that was trained by a person licensed under Chapter 9.5 (commencing with Section 7200) of Division 3 of the Business and Professions Code or that meets the definitional criteria under federal regulations adopted to implement Title III of the Americans with Disabilities Act of 1990 (Public Law 101-336).
the person(s) delaying you are apparently guilty of a misdemeanor even though they eventually allowed you in. If the police refuse to act, I would go directly to the DA's office to file charges.
Quote:
365.6. Interfering With Use of Guide Dog--Misdemeanor.
(a) Any person who, with no legal justification, intentionally interferes with the use of a guide dog by harassing or obstructing the guide dog user or his or her guide dog, is guilty of a misdemeanor, punishable by imprisonment in the county jail not exceeding six months, or by a fine of not less than one thousand five hundred dollars ($1,500) nor more than two thousand five hundred dollars ($2,500), or both.
Not sure what you mean by "no time limit". There is no time limit involved. Either he intentionally interfered or he didn't. There is no requirement for some specific period of interference, just that he did interfere.
I believe he is also subject to federal laws regarding this. this is the link for the fed ADA info:
http://www.ada.gov/
I believe you may also have a civil action against the individual and quite possibly the organization he was employed by. Call an attorney that deals with civil rights violations. I would think there are myriad sources for such litigators from any organization that assists people with disabilities.
Re: Access Dispute at Public Event
Thank you. With the excuse of time frame, that came from campus police. It did sound wrong, like they were looking for a way not to prosecute. I will go to the city police, and the DA if necessary.
I was told by an ADA attorney that I like, that it's not possible to sue an individual for a title III access denial. There must be some way, though. I'd hate to sue the Kiwanis, as they help people with disabilities. I'd rather write a letter to them.
I need to find out who this off duty officer was, too, as he would not give his name. Just his company card.