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by Jim Stile on 30 June 2007 - 04:06
Well, I could not make it the following day because I did not feel well or over the weekend. I did go back on Monday and called the after waiting an hour in the sun. I told them that I was waiting to be arrested. One Sheriff came as a scout to ask me questions. I told him I was here to be arrested so I could get before a judge who knows the law. He left and came back with 3 Sheriff's vehicles. They thought it over and decided to give me another summons for criminal trespass. There was much conversation between me and the Sheriff's supervisor who used to be a K-9 handler. I videotaped and audio taped everything. I told him that I had no intention of resisting arrest but that I would have to be carried out. I refuse to surrender my Constitutional and Civil Rights. He then asked me what my dog would do if they made an attempt to carry me off. I told him I did not know because I had never had anyone put their hands on me in a menacing way in the presence of my dog. He said; "Well, I know what my dog would do!" My response was;" That's why we sell you the shit dogs and we keep the good ones for sport. Then he made mention in a round about way that he would kill my dog. THAT IS WHAT BROUGHT ME HERE TO SPEAK ABOUT THIS. I am sure that there are lawyers in our sport and I know that GSD owners would not want this done to them. I am looking for support. Whether it be moral or financial it is dearly needed. I have to come up with $900.00 to meet with a lawyer to see if their firm will take it on contingency. More important than financial help would be direction to websites that I can post this story to get it out there. This is a very trying situation for me and I feel alone. It took allot for me to be humble and reveal all this personal stuff about myself to ask for help. HELP!
This is not a matter for law enforcement. There are no ordinances or statutes that exist banning dogs. They are acting as Henchmen for the Town Manager. I have requested for 3 days that they provide me with a copy of a police report regarding the vandalism to my hurdle. They do not return my calls. I do not believe that they made a police report and there is no investigation going on.
by s_vargas on 30 June 2007 - 07:06
Jim,
Stop being such a pain in the ass. It does not matter if the Sheriff was right or wrong. Your town passed an ordinance at a Town Meeting, that you did not attend. Just because you do not agree with the law does not give you the right to break it. There are rules and procedures in our country that should be followed if you want to change an ordinance. You should not just simply disregard the laws you do not agree with. Dont get me wrong i think it is chicken shit the way your town meeting went...if indeed that is how it happened, but you are being part of the problem. Not part of the solution. If you dont like what the cop told you then you should have followed the rules. NO DOGS IN THE PARK! Its not that god damn hard to abide by. Had you not been being a giant pain in the ass, that Deputy would not have had the opportunity to say what he did. You need to share your portion of blame hear. Sorry to be so harsh, but get a clue!
Shawn

by Sunsilver on 30 June 2007 - 07:06
I have to say this: if your dog did attack the officers as they were removing you from the park, they'd have every right to shoot him!
by Heartbroken on 30 June 2007 - 11:06
Is this a silly question?
Why do you have a meter hurdle (that seems to be left permanently) set up in a public park?

by policemom on 30 June 2007 - 12:06
s vargas apparently you are not familiar with the Americans with Disabilities Act. It does not matter if they passed an ordinance, or put up a sign or whatever they did. If his dog is certified to be his assistant he is entitled to take the dog ANYWHERE. This includes every public building, grocery store, doctor's office, public park, etc. This man is not "tresspassing" in a public park. His dog is entitled to be everywhere he goes with no exceptions.

by Ninja181 on 30 June 2007 - 12:06
Since local authorities are not listening, I would call the Maine State Police.
If they refuse to help, try the FBI since it is a Federal Law.
I would also call the American Civil Liberties Union. They love cases like this.
Small town politics are a nightmare. Good luck!
by Jim Stile on 30 June 2007 - 12:06
Sorry you misconstrued my story s vargas-Shawn. There was no ordinance passed by the Town. In absence of an ordinance or statute, law enforcement has no part in civil disputes. That is why there are civil court sessions. The jump was not permanantly installed in the park.
If police have ample time and planning to make an arrest, they can be professional and deal with the animal appropriately with tranquilizer and having animal control deal with the animal if they felt it may be a threat. The dog is not being sent at them. This is not a situation that requires any type of lethal force.
Policemom sees things in the correct perspective
Even if my dog was not a service dog, without an ordinance or statute........THERE IS NO LAW TO ENFORCE FOR LAW ENFORCEMENT.
by Jim Stile on 30 June 2007 - 13:06
Thank you Ninja181
by p59teitel on 30 June 2007 - 13:06
"His dog is entitled to be everywhere he goes with no exceptions."
That's not entirely true. The ADA requires that "reasonable accomodation" be made for those with disabilities, and there are some limits to this. And I suspect that a reviewing court would find that an off-leash dog jumping a meter hurdle in a public park was not acting in an assistance capacity.
The FBI handles criminal matters and they do not enforce the ADA. on behalf of individuals. Neither would the Maine State Police. You should either contact the Maine Attorney General's office to talk to their ADA people - most states' AG offices have someone specifically designated to handle ADA issues - or engage private counsel.
by Jim Stile on 30 June 2007 - 13:06
"His dog is entitled to be everywhere he goes with no exceptions."
This is entirely true. The "reasonable accomodation" applies to businesses under Title 3 of the ADA..My situation relates to Title 2 of the ADA relating to municipalities.
What if my dog was a precautionary alert dog that alerted to seizures???? It's OK for police to have dual purpose dogs but a civilain cannot have a dog that has multiple abilities? COme'on, be open-minded.
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