MercedSunStar.com

No dogs allowed


By Carol Reiter
CREITER@MERCEDSUN-STAR.COM

Casey Freitas has been through some rough times. Eight years ago, the 47-year-old was in a motorcycle accident in Arizona that severed his spinal cord and left him a paraplegic.

He spent weeks in the hospital, getting used to not having the use of his legs, and then he came home to Merced.

When Freitas got back to Merced, he saw some street people with a tiny puppy. The people were trying to sell the 8-week-old mixed breed, so Freitas gave them $50 and brought his best friend home.

Because he is in a wheelchair, Freitas thought that his dog, which he named Susa, might work out as a service dog.

So for a year, the medium-sized tan dog learned to be a help to Freitas, picking up items for him and blocking him when he lost his balance in his chair.

Seven years later, Susa and Freitas are inseparable. The dog is getting older, her face sprinkled with white, and she is Freitas' shadow. Susa wears a service dog harness, and goes everywhere Freitas goes.

Except for one place.

After years of riding on Medicab Mobile Ministries, Freitas has been told that he, and his dog, are no longer welcome on the van that transports sick and handicapped people in Merced.

"Susa's been going on Medicab for a long time," Freitas said. "I've never gotten a complaint, until October."

On Oct. 17, Freitas said that a Medicab driver gave the handicapped man a warning: the dog would no longer be allowed on the van. When Freitas asked why, the driver said that some people might be frightened of the dog.

"I thought that he meant that I had to ride the van by myself, with no one else on it," Freitas said.

But on Nov. 21, when Medicab came back to pick up Freitas for a scheduled doctor's appointment, he and the dog were again denied access, even though there was no one else on the van.

"They told me no matter what, they weren't going to take the dog," Freitas said.

Roxanne Banks, director of operations for Medicab, said that although Freitas' dog is licensed as a service dog, she doesn't believe the dog provides a service for him.

"This dog has been trained for service, but he has the dog for companionship," Banks said. "If he says it is a service dog, he will have to ride with another service."

But Freitas has the law on his side. Both federal and state laws give disabled persons with service dogs the right to have access to any business.

According to the United States Department of Justice, a service dog is any dog trained to provide assistance to an individual with a disability, including dogs that may pull wheelchairs or pick up things for persons with mobility impairments.

The law also states that a service dog does not need to be certified by either state or federal agencies.

Sean Rashkis, a staff attorney for Protection and Advocacy Incorporated, a California nonprofit organization that deals with disability rights, said that businesses cannot refuse to provide services to handicapped people with service animals.

"They can't say that the animal may become aggressive or attack someone," Rashkis said. "They have to have a specific example where the animal became aggressive.

"They cannot make a generalization about the animal."

Freitas has some choices about what he can do to get access for his dog, Rashkis said. He can bring civil suit against Medicab, and he can also make a complaint to the state.

Rashkis said that his organization helps disabled people get through the maze of government regulations in making complaints.

According to the Americans with Disabilities Act, allergies and fear of animals is not a valid reason for denying access or refusing service to people with service animals.

Banks said that she has never had another person who is in a wheelchair have a service dog. She said Freitas told her he wants the dog with him because the dog gets anxious if left at home.

"We didn't have a problem (with Freitas) until we got complaints," Banks said. "People are just saying that they are afraid of the dog, they aren't saying why they are afraid."

Freitas said that Susa has been to all types of businesses in Merced, including grocery stores, restaurants and doctors' offices.

"I've never had anyone complain about her," Freitas said. "She's always clean, and I've never had any hassle about her at all."

Banks said that there are other avenues that Freitas can use to get to his appointments around town. She suggested that he use Dial-A-Ride, a part of the Merced County Transit System.

Larry Shankland, transportation manager for Dial-A-Ride, said that he has many patients who ride the county's bus with service dogs.

"Casey Freitas is welcome on Dial-A-Ride," Shankland said. "The only restriction we have on service dogs is that if they are a danger to others, you are not getting on the bus."

Freitas said he would like to keep riding on Medicab, the business he has been using for the past eight years.

"Susa's not just my service dog, she's my best friend," Freitas said. "I need her, and she needs me."

Reporter Carol Reiter can be reached at 385-2486 or creiter@mercedsun-star.com.


Posted on 12/16/06 00:30:00
http://www.mercedsun-star.com/local/story/13119401p-13766901c.html