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Barrister
Barrister, Attorney
Category: Legal
Satisfied Customers: 33757
Experience:  15 yrs practice, Civil, Criminal, Domestic, Realtor, Landlord 26 yrs
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I am a disabled veteran of the Vietnam era and have pysh

Customer Question

I am a disabled veteran of the Vietnam era and have pysh issues etc. my va pysh doctor assigned a service dog to me over seven years ago. I recently attended a fair in ct with my dog and was harassed by a manager at the fair about my dog after getting approval to enter the fairgrounds. I reported the issue to the state police at the fair grounds and the director of the fair and they apoligized and set I was right and refunded my money and I left. What are my rights with my dog. Thanks
Submitted: 2 months ago.
Category: Legal
Expert:  Barrister replied 2 months ago.

Hello and welcome! My name is ***** ***** I am a licensed attorney who will try my very best to help with your situation or get you to someone who can. There may be a slight delay in my responses as I research statutes or ordinances and type out an answer or reply, but rest assured, I am working on your question.

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First off, thank you for your service, especially today.

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When you say "what are my rights" that is kind of a wide open question.. Are you asking if you can have the dog? Where you can take the dog? Is the dog can be barred from somewhere? If you can sue the fair? If you have to prove it is a service dog? Something else?

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See what I mean? If you can narrow down your question a bit, I should be able to get you an answer..

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thanks

Barrister

Customer: replied 2 months ago.
I understand my legal rights under the Ada however I do need to understand my civil rights regarding this type of very serious harassment by this manager etc ask am considering sueing the town and this fair and considering contacting the state police again and have this person arrested. Thanks
Expert:  Barrister replied 2 months ago.

Did this just happen the one time or did he harass you several times on several different dates?

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If it was just the one time, that isn't legally considered harassment. Harassment is a "course of conduct" directed at a person that serves no legitimate interest and is intended to annoy or upset the targeted individual. So one incident doesn't meet the definition of "course of conduct" as that requires at least two separate incidents. And there has to be no legitimate reason for the person's actions..

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So if he was questioning you about your dog because he didn't believe it was a service animal, then that wouldn't be considered harassment.

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As bad as it sounds, lots of people try to use the Service Animal or Emotional Support Animal claim for their pets just because they want to be able to take them with them wherever they go, even though the animals do not provide any legitimate medical help to them. These people sometimes make it difficult for legitimate owners of SAs or ESAs to go about their business without being questioned..

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But it is not against the ADA or state and federal law to request information about a persons SA, but there is no requirement for a person to provide proof of any type of training or certification.

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But if there was a crime committed that evening, the state police would have arrested the person on the spot. I don't want to see you spend a lot of time and effort on something like this that was just the result of an ignorant fair manager who wanted to confront you for some reason. Further, you might be able to get an attorney to take the case, but he would want you to pay him several thousand up front as a retainer as there is no guarantee of a recovery..

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I am very sorry that I don’t have better news, but please understand that I do have an ethical and professional obligation to provide customers with legally correct answers based on my knowledge and experience, even when I know the answer doesn’t make the customer happy...

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thanks

Barrister

Customer: replied 2 months ago.
This person threatened me, my friend who is a decorated Vietnam veteran who earned the silver star and suffers from severe PTSD, and my dog with physical violence. I chose to not have him arrested. I understand your advice. Thanks
Expert:  Barrister replied 2 months ago.

Ok, then that would be a crime if the person threatened physical violence and it was a threat that you believed placed you in danger.. But if it was something like "I am going to kick your a@@", that wouldn't be an actionable threat unless it was followed up with some other action, like him coming towards in an an aggressive manner..

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The reason being that people say stupid aggressive things all the time, but that doesn't give another party legal grounds to sue them and actually recover a money judgment..

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So to be very honest, while the manager was obviously in the wrong here and apparently a jackass, I don't see this as being a case where anyone gets a money judgment out of it.

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thanks

Barrister

Customer: replied 2 months ago.
He did come at me within inches of me and I told him to back off and he didn't...this was allot more than name calling and I decided to leave the situation and after speaking to the state police they told me that they had a similarity complaint against this same person yesterday and the officer was really pissed off..it was bad
Expert:  Barrister replied 2 months ago.

Ok, then that could constitute an "assault" if there was a threat along with the actions that made you reasonably fear that they would be carried out.

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The statute of limitations on this type of action for you to file a criminal complaint is one year from the date of the event if you wanted to pursue this further from a criminal perspective..

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thanks

Barrister

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