Disabled Man Arrested After Debate Over Service Dog at Little Rock Library
By: Marci Manley, KARK 4 News
Updated: August 1, 2012
"Let me get my crutches here," he said leaning over the arm of the recliner with a grunt and a jingle of the leash in his left hand.
Terry "Grizz" Hayhurst considers his service dog Nia his left hand gal.
"Nia's been trained specifically as a balance assist dog," he said. "I got her when she was six weeks old and she's seven and a half now. She went through about a year and a half of training.
Hayhurst was disabled after a spinal cord injury, and he said it's difficult to walk without Nia's assistance.
"Nia means Champion in Gaelic," he said. "But she helps to balance me out, because my one leg is significantly smaller than the other. Some people don't understand about service dogs, but I'm in a good position because I'm obviously a cripple."
But on Monday night, the situation was not so obvious. Hayhurst said he was simply trying to attend a public meeting at the Central Arkansas Library System's main location, but he ended up being arrested -- facing a charge of criminal trespass.
"Give up your rights or be arrested. So, I was arrested," he said of the choice he had to make.
"There are risks in not knowing exactly what we're dealing with," said Library Director Bobby Roberts. "We have 2.5 million people that come through the library."
According to Roberts, library security officers weren't sure of Nia's service dog status or Hayhurst's disability.
"This is a dog on a retractable leash that just looks like my pet dog. The person who has it doesn't appear to have any obvious disability," he said. "I think a reasonable person who looks at those images might conclude this is not a service dog."
And that, Roberts said, poses a safety concern for other library patrons.
"We have an obligation to the rest of the people in the library, we need to know its trained. What if a child came into contact with that dog," said Roberts. "It's a fairly stocky breed. We just need to know."
According to Roberts, Hayhurst refused to answer questions allowed under the Americans With Disabilities Act (ADA), so security called police to have him escorted from the building when he refused to leave.
"Is this a service dog? And what is the service dog for?" Roberts said of the questions security asked. "It is my understanding he answered the first but not the second question."
"I think our security acted properly and when he did not answers the second question of what is this dog for, when he said he wasn't going to answer that and refused to leave, I think they had no choice but to call the police," Roberts added.
But according to Hayhurst, he answered all of the questions security had for him, in addition to questions they should not have under the ADA.
"It's just not true. I told them she was a balance assist dog, which is specifically listed as a service dog use in the ADA," Hayhurst said. "I answered both questions they were allowed to ask, and I even answered the question of 'What is your disability?' even though that's a complete violation."
"They wanted to see the dog's registration -- there's no such thing," he said. "I tried to show them a copy of the ADA, but they weren't interested in seeing that information."
According to Kaitlin Lott, who was attending the meeting Hayhurst was headed to, she can't remember if security asked what the dog's tasks were or if Hayhurst answered.
"But I do remember them asking for documentation for the dog, and he told them that wasn't required under the ADA. Then they asked him what his disability was," she said. "I can only hope all this is a misunderstanding."
According to the ADA guidelines, officials are allowed to ask if the animal is a service dog and what tasks it's been trained to perform. However, officials cannot ask about a person's disability or require paperwork be provided regarding the dog's training.
KARK was told by an ADA specialist that if someone refuses to answer the question regarding the dog's trained tasks, the business or public facility can request the dog be removed from the building. However, according to that specialist on the ADA hotline, a business cannot require the person to leave or deny them services.
Hayhurst believes this is an example of the need for education about the ADA, and he thinks the experience is a misunderstanding, one that may ultimately be worked out in court.
"There's just a lot of misconception. Frankly, this is something most people don't have to deal with," Hayhurst said.
According to Roberts, security is trained on the guidelines of the ADA and anyone who is covered by the law is welcome in the library, including those with service animals.
"If it turns out this animal was a service dog, and we're not saying it isn't, but if we were wrong we'll be the first to apologize," Roberts said. "We'll eventually get to the bottom of what it was."
Terry "Grizz" Hayhurst considers his service dog Nia his left hand gal.
"Nia's been trained specifically as a balance assist dog," he said. "I got her when she was six weeks old and she's seven and a half now. She went through about a year and a half of training.
Hayhurst was disabled after a spinal cord injury, and he said it's difficult to walk without Nia's assistance.
"Nia means Champion in Gaelic," he said. "But she helps to balance me out, because my one leg is significantly smaller than the other. Some people don't understand about service dogs, but I'm in a good position because I'm obviously a cripple."
But on Monday night, the situation was not so obvious. Hayhurst said he was simply trying to attend a public meeting at the Central Arkansas Library System's main location, but he ended up being arrested -- facing a charge of criminal trespass.
"Give up your rights or be arrested. So, I was arrested," he said of the choice he had to make.
"There are risks in not knowing exactly what we're dealing with," said Library Director Bobby Roberts. "We have 2.5 million people that come through the library."
According to Roberts, library security officers weren't sure of Nia's service dog status or Hayhurst's disability.
"This is a dog on a retractable leash that just looks like my pet dog. The person who has it doesn't appear to have any obvious disability," he said. "I think a reasonable person who looks at those images might conclude this is not a service dog."
And that, Roberts said, poses a safety concern for other library patrons.
"We have an obligation to the rest of the people in the library, we need to know its trained. What if a child came into contact with that dog," said Roberts. "It's a fairly stocky breed. We just need to know."
According to Roberts, Hayhurst refused to answer questions allowed under the Americans With Disabilities Act (ADA), so security called police to have him escorted from the building when he refused to leave.
"Is this a service dog? And what is the service dog for?" Roberts said of the questions security asked. "It is my understanding he answered the first but not the second question."
"I think our security acted properly and when he did not answers the second question of what is this dog for, when he said he wasn't going to answer that and refused to leave, I think they had no choice but to call the police," Roberts added.
But according to Hayhurst, he answered all of the questions security had for him, in addition to questions they should not have under the ADA.
"It's just not true. I told them she was a balance assist dog, which is specifically listed as a service dog use in the ADA," Hayhurst said. "I answered both questions they were allowed to ask, and I even answered the question of 'What is your disability?' even though that's a complete violation."
"They wanted to see the dog's registration -- there's no such thing," he said. "I tried to show them a copy of the ADA, but they weren't interested in seeing that information."
According to Kaitlin Lott, who was attending the meeting Hayhurst was headed to, she can't remember if security asked what the dog's tasks were or if Hayhurst answered.
"But I do remember them asking for documentation for the dog, and he told them that wasn't required under the ADA. Then they asked him what his disability was," she said. "I can only hope all this is a misunderstanding."
According to the ADA guidelines, officials are allowed to ask if the animal is a service dog and what tasks it's been trained to perform. However, officials cannot ask about a person's disability or require paperwork be provided regarding the dog's training.
KARK was told by an ADA specialist that if someone refuses to answer the question regarding the dog's trained tasks, the business or public facility can request the dog be removed from the building. However, according to that specialist on the ADA hotline, a business cannot require the person to leave or deny them services.
Hayhurst believes this is an example of the need for education about the ADA, and he thinks the experience is a misunderstanding, one that may ultimately be worked out in court.
"There's just a lot of misconception. Frankly, this is something most people don't have to deal with," Hayhurst said.
According to Roberts, security is trained on the guidelines of the ADA and anyone who is covered by the law is welcome in the library, including those with service animals.
"If it turns out this animal was a service dog, and we're not saying it isn't, but if we were wrong we'll be the first to apologize," Roberts said. "We'll eventually get to the bottom of what it was."
Comments
p.s there are people afraid of water should it be banned as well..
Abby E.
August 7, 2012 at 7:13 am
please note you didnt say what that disability is a.n.a or could it be you are afraid of dogs, a service dog is trained at great cost to be of benefit of man at no pay and at the safest level possible by man, can you fit that standard, maybe you should stay out if the answer is no....
Abby E.
August 7, 2012 at 7:11 am
I have a disability that makes it dangerous for me to be around dogs. I can%u2019t go to public places because they allow these dogs in there. People who support these dogs%u2019 rights allow people to use their disabilities to do things that cause problems for people with other disabilities. No one is fighting for MY rights under the Americans with Disabilities Act. I should be able to do my own shopping and go to libraries and other public places, but I can%u2019t because they%u2019re putting another person%u2019s disability above mine. No animal should ever be given more rights and freedoms than any human, but that is exactly what is happening. These dogs have the right and freedom to go into grocery stores, which keeps me from being able to go. It is HORRIBLE that people are allowed to use their own disability to run over other disabled people. I am glad someone finally is on my side.
A.N. A.
August 6, 2012 at 11:04 am
I myself am an owner of a service dog and find the way things were handled by both the library and the Police were violations of this person's civil rights. Only thing I would suggest the man do is put a vest on his dog with Service dog patches on it showing that she is a service dog like I do with mine. I have had problems myself when it came to being allowed in with my service dog. So to keep from causing a scene I always choose to leave and file a complaint as well as a lawsuit against the people for a violation of my civil rights instead of winding up being arrested when this problems does happen. The Police department need to be better educated in the rights of a service dog owner as well as others better educated in what they are and are not allowed to ask someone who has a service dog as well.
Patricia P.
August 5, 2012 at 6:24 pm
This is an issue of education. Grizz offered to share the information with the officer, who was not interested. It is that sort of arrogance that drives a wedge between law enforcement and private citizens. A little humility goes a long way. There is nothing wrong with someone saying - "I am not familiar with that - let me check on it." Patience and kindness on the part of the officer could have resolved this situation without incident. Even now, I imagine an apology and a handshake would go a long way.
Brenda S.
August 1, 2012 at 1:33 pm
Since "security" is claiming they are knowledgeable professionals, what exactly did this dog do to lead these professionals to believe the dog wasn't a properly trained professional Service Dog? Did the dog do anything that led them to believe the dog was nothing more than a pet? Or is this a case where the dog isn't legal until they say it is?
What about the police that took him into custody. Sounds like Arkansas hires ignorant and untrained police officers also. It makes the story worse that the police also don't know about Civil Rights. The education system from top to bottom seems a little backwoods to me.
edkemper e.
August 1, 2012 at 11:55 am
Well my two year old plays with this dog all the time with no issues. As far as the questions, He answered all of them, including what his disability is, I was there. And the retractable leash comment is absurd, it is a leather leash connected to professional leather harness. I myself lead this dog regularly.
William B.
July 31, 2012 at 11:25 pm
Well my two year old plays with this dog all the time with no issues. As far as the questions, He answered all of them, including what his disability is, I was there. And the retractable leash comment is absurd, it is a leather leash connected to professional leather harness. I myself lead this dog regularly.
William B.
July 31, 2012 at 11:25 pm
