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Civil Right?

Discussion in 'Legal' started by Guido, Oct 13, 2005.

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  1. Guido

    Guido Member

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    Only in America LOL!




    Ferret Causes Controversy At Our Lady Of The Lake University Wed Sep 21,11:23 AM ET



    A student at Our Lady of the Lake University has filed a complaint, alleging the school is violating her civil rights.


    The student asked the Justice Department to find the university in violation of the Americans With Disabilities Act.

    The complaint centers on Sarah Sevick's service animal, which is a ferret.

    Sevick, 19, suffers from a variety of mental disorders and requires the animal to get through her day, much the same way a blind person needs a seeing-eye dog.

    "People really don't understand," Sevick said. "They think she's just a pet, but she's working for me."

    Sevick's ferret, Lilly, is trained to help her cope with anxiety and panic attacks that can come on at any time.

    "She gives me something else to focus on besides what's wrong, and she just stays with me and soothes me and calms me," Sevick said.

    Before Lilly came into her life, Sevick's psychiatric problems, including post traumatic stress disorder, kept her from keeping a job and forced her to drop out of college.

    With the help of Lilly, Sevick was accepted to Our Lady of the Lake, but Lilly wasn't welcome at the school.

    Administrators said they couldn't comment on the situation, but in letters sent to Sevick's mom, they outlined their reasoning, saying they were "unable to conclude her impairment qualifies as a disability."

    "I do have a disability," Sevick said. "Just because you can't see it, doesn't mean it's not real."

    In the documents, the school expresses concerns over health and safety issues, and the possibility the ferret may hurt someone.

    They also questioned the training Lilly received, though the Americans With Disabilities Act doesn't require service animals be formally trained.

    Lilly is registered with a service animal organization and has identification, but the school is not budging.

    "I'm getting along. I'm surviving, but I'm walking on really thin ice. I don't think I can make it at this point without her," Sevick said.

    Sevick has had two major panic attacks since being separated from Lilly.

    She likes the school and wants to stay, but doesn't think she can succeed without her ferret.

    The Justice Department is reviewing the complaint, but it could take three months for any action to be taken.
     
  2. Standing Wolf

    Standing Wolf Member in memoriam

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    [SMIRK] I'm sure the three- or four-pound ferret has been a truly enormous problem for the school, too! [/SMIRK]
     
  3. Lupinus

    Lupinus Member

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    It's a dang ferret. If she has a lagitamet mental disorder that the ferret does indeed help with, then she should be allowed to have it with her. Hurt someone? Are they going to tell someone else who is disabled that they can't bring their dog because it might bite someone?

    Disabled is disabled and if you have a service animal for assistence it doesn't matter if it is a dog a cat or a muskrat, you should be allowed to have it with you.
     
  4. rick_reno

    rick_reno member

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    They stink.
     
  5. Lupinus

    Lupinus Member

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    ferrets dont stink they take that gland out now lol

    And even if they do, so does dog crap when it goes to find a nice quiet stop to relieve itself
     
  6. jdkelly

    jdkelly Member

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    They still stink!


    Respectfully,

    jdkelly
     
  7. Lupinus

    Lupinus Member

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    Not that bad

    And plus

    Ferrets are cool
     
  8. Jim March

    Jim March Member

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    It's a bit of a stretch :D.

    Sorry.

    Ahem.

    As somebody who had ferts for about...oh, 10 years or so ending '97, I can say that this isn't completely impossible.

    A ferret that bonds with you strongly will sense when you're not feeling right, and will get "extra snuggly". And will want the same in return. I was once holding and petting a sick ferret (we both had the same flu bug at the same time, affecting us both the same way) and I stopped petting him for a bit. He looked up at me with bleary eyes, took my hand gently in his teeth, moved it over towards his own belly and moved my hand gently up and down - clearly asking by way of gesture for more petting.

    Yeah, they're THAT smart.
     
  9. Lupinus

    Lupinus Member

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    I want ferrets

    But I do believe they and the cats wouldnt get along.
     
  10. cuchulainn

    cuchulainn Member

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    So, which is it, her civil rights or ADA provisions that are being violated?
     
  11. Hawkmoon

    Hawkmoon Member

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    Perhaps you skipped class that day ... the Americans with Disabilities Act is considered civil rights legislation. Any violation of the ADA is deemed a civil rights violation, which is why people who consider themselves aggrieved under the ADA get to have the Dept of Justice intervene directly.

    And as a sometimes accessibility and ADA consultant, I'd say in a nutshell that the school is screwed.
     
  12. cuchulainn

    cuchulainn Member

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    I was being facetious. :)

    I don't like the way the term rights has been diluted to include things that are provided (versus things/conditions that cannot be infringed by the government). Provided things are entitlements.

    The ADA is nice. But it doesn't protect rights, no matter what the Justice Department says. It protects entitlements.

    And, yes, I understand the case law related to the "right" to access public places (including those on private property, such as stores), and how the ADA fits into that. I'm not attacking the ADA. I'm attacking the use of the word rights in the context of the ADA.

    Semantics, I know. And I also know I'm swimming against the stream in this particular semantic argument.

    I make similar protests when people use the phrase States' Rights. States have powers, not rights.
     
  13. Jim March

    Jim March Member

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    The school might be able to weasel out of it...
     
  14. Trisha

    Trisha Member

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    :what:

    I'm glad to see you finally put the sofa cushions back, Jim - when company comes over, they get disturbed seeing you in your fort all the time. . .

    :evil:

    Maybe the ferret gets excited/aggressive around the smell of fish?

    ;)

    (ducking & running like mad. . .)

    Trisha
     
  15. RavenVT100

    RavenVT100 Member

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    The question I would have is, if this person's mental problems are that bad, why isn't she taking medication to help her get through her day?

    It might be, you know, more convenient.
     
  16. txgho1911

    txgho1911 Member

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    when they finnish the dump

    They are dragging the rear end on the floor for a wipe.

    Otherwise they are pretty neat.

    My new pup draggs her ass also.
     
  17. RavenVT100

    RavenVT100 Member

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    My cat knows how to do this too. It's disgusting. I keep him on a strict diet for a reason.
     
  18. Jim March

    Jim March Member

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    I used to put an old towel down under their litterbox, let them drag butt on that coming out of the box. They preferred the softer cotton to the harsher rug and invariably kept the "streaks" on the towel.

    Ferrets know all about butt comfort.

    The single funniest example was when Felix caught a case of hemmoroids. Yeah, I'm serious. Vet said to use classic ol' "Prep H". So OK, first "treatment" I take a Q-tip, apply meds, grab skinnykitty and try and get it down there.

    Now ferrets have an admirably shy attitude towards having their butts messed with. So he was squirming all over until I actually made contact...at which point he settled down.

    About 12 hours later, time for the next dose. He looks up, sees me with the Q-tip and tube, seems to think about it a sec, squats down and raises his tail, then looks up at me as if to say "well, get on with it then!"

    :p
     
  19. odysseus

    odysseus Member

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    Outside of the ADA issue, this one of the funniest threads I have read recently. I have learned more about some of our smaller mammalian friends then ever before. The wiping of their butts and hemmoroids... wow! Now I know more about that strange carpet odor some cat owners have!
     
  20. rms/pa

    rms/pa Member

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    a fert as a sevice animal.... wowsers,

    having trained my wife's service dog though, i am familiar with the service animal provisions of the ADA and most of the state laws.

    in PA she would have a case for a summary violation of the service animal law.
    $300 fine plus court costs. when that violation is reported to any state licencing board(cosmetolegy,PALCB,Medical,board of education,etc) a 30-90 day licence suspension is the normal first offence reaction.

    under PA state law the service animal and the person are one. about the only semi- public places the animal can be denied entry is a private cemetary and an active operating room.
    of course a private residence or private property without public access is a different story.

    also the flip side of this is, the service animals owner/handler is TOTALY
    responsible for all actions of the animal. if the animal knocks over a can display in the grocery and someone slips and falls and brings suit. the owner/handler is first payee in any judgment. only after the handler/owners assets are depleted would the grocery have to pay.

    the ADA "which supercedes state laws in many cases" only requires a doctors statement the animal will help the handler for thier condition. after that all the owner/handle can be required to do is claim the animal as a service animal. no questioning of the owner of their condition or how the animal helps them is permitted,privacy act.

    all states have certification/ training requirments for various animals all of which are superceded by the ADA. of course i have no desire to be a test case.

    rms/pa
     
  21. Jim March

    Jim March Member

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  22. Lupinus

    Lupinus Member

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    llo jim that was hilarious
     
  23. Colt46

    Colt46 Member

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    Ferrets don't stink

    I had some animal handler call the smell "Ferrety". But, she assured me they don't stink! The only thing that makes me want one is knowing that some morons in the state capitol decided that Ferrets and .50 sniper rifles are too dangerous for the common man to possess. The death of reason.
     
  24. bigjim

    bigjim Member

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    Nahhh He just wanted you to play red rover. ( Ref. South Park)


    either you get it or you don't I am not gonna explain.:D
     
  25. Chrontius

    Chrontius Member

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    Taken together, I think Alan Dean Foster got his ferret characters *exactly* right. (Spellsinger series)
     
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