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Tag: cerebral palsy

Agency files lawsuit seeking to “repossess” handicapped priest’s retired service dog

A Pennsylvania service dog agency is suing an Episcopal priest with cerebral palsy to force her to give up the service dog she has had since 2007.

So reports the Rochester Democrat and Chronicle.

The Rev. Claire Wimbush says it’s unlikely she could continue living on her own without Willa, a 10-year-old yellow Labrador retriever provided to her through Canine Partners for Life, a Cochranville, Pa.-based agency that says it wants the dog back for reasons not fully specified.

Canine Partners filed suit last month in Pennsylvania Supreme Court, accusing Wimbush of violating her dog care contract and asking the court to order the dog’s return — along with “reimbursement of all costs and expenses, including legal and court fees.”

Darlene Sullivan, executive director of Canine Partners, declined to comment on the specifics of Wimbush’s case, according to the Democrat and Chronicle. The newspaper is owned by Gannett Co. Inc., and the Rev. Wimbush is the daughter of Gannett Vice President Jane Ann Wimbush.

According to the lawsuit, the Rev. Wimbush did not follow the agency’s training rules, including those that require recipients of  its dogs to maintain contact through follow-up reports. 

“If on repeated occasions there are problems with compliance, we will place that person on probation and they will get a letter explaining everything about why and letting them know if there are further violations they will lose their dog,” the agency’s director said. “If it gets to that point, and they refuse to return the dog to us, we have no choice but to take legal action.”

The Rev. Wimbush said she believes the agency wants Willa back because she was late turning in paperwork about the dog’s health and behavior. She said the documents were mailed on March 25, but Canine Partners didn’t get them by the April 2 deadline. An email from the agency came on April 4, saying arrangements needed to be made for the dog’s return. Six days later, she says, she received a letter telling her to bring Willa to the airport for “repossession.”

wimbushandwilla“I’m bewildered by this,” said Wimbush, who who has spastic cerebral palsy quadriplegia and uses a motorized wheelchair for mobility. Wimbush served as Curate of Christian Education at St. Thomas Episcopal Church in Rochester from 2011 until last weekend, and is now planning to move back to her native Virginia to be closer to her mother.

On a website supporting her campaign to keep the dog, claireandwilla.com, the Rev. Wimbush notes that Willa’s status changed in February, 2012, when she retired from being a service dog and became a home companion dog:

“My ministry had changed; I was no longer moving from place to place over the course of a day, so I didn’t need her to help me carry things and open doors as often. The Rochester winters are tough on both of us. She was nine years old, almost ten; it seemed like the right time to make a change. Since her retirement, she gets to be petted and admired by all the members of my congregation, especially the elementary school crowd. She still goes with me to the church most days, and often accompanies me when I visit parishioners in animal-friendly retirement communities…”

The reverend admits to having had trouble keeping up with the agency’s required paperwork in 2007, due to illness. The lawsuit says she has had a history of not complying with those requirements. In 2009, the suit says, Wimbush was placed on “permanent probation” and told that any future violations would result in the immediate loss of the dog.

On the Facebook page of Canine Partners for Life, the agency is taking some lumps for filing the lawsuit against the handicapped priest, and some commenters are saying it is “shameful” for it to be demanding the dog back.

“What part of ‘for life’ am I missing?” one person wrote.

It’s unusual for an agency like Canine Partners to demand a dog be returned, according to Toni Eames, president of the International Association of Assistant Dog Partners, an advocacy group of people with guide, hearing and service dogs.

“It’s a very legitimate agency, and there has to be something, mistreatment of the dog, neglect, maybe it has gained a tremendous amount of weight or there’s abuse, there‘s got to be something. Filing papers late is not a reason to demand return of a dog,” she told the newspaper.

Marsha Sweet, assistant director of independent living services for the Center for Disability Rights in Rochester, knew of only two such cases, and both times an agreement was reached allowing the person to keep the dog. “Usually, the agencies really try to remedy the situation,” she said.

The Rev. Wimbush hopes that might still happen, and an agreement can be worked out.

“I would do anything, anything, to keep my dog,” she said.

(Photo: ClaireandWilla.com)

Shop owner “sorry” he kicked out service dog

The owner of a western wear shop in North Carolina has apologized for kicking a 5-year-old girl’s service dog out of his store — but not until after threats of a boycott and lawsuit surfaced.

“I had no intentions to offend anyone, but if I have I apologize for it,” said Robert Bryant who owns the Western Shop in New Hanover County, N.C. He said he wasn’t famliar with the Americans with Disabilities Act.

Bryant’s raspy “apology” — you can see more of it here — was in stark contrast to what he reportedly barked at the girl and her mother: “Get that (expletive) dog out of my store.”

Bryant said the dog smelled bad and he didn’t want dog hair on his merchandise, sounding much like the Colorado attorney who was hit with $50,000 in fines this week for banning a woman and her service dog from his law office, for fear it might soil his new carpet.

Ellie, a golden retriever, belongs to 5-year-old Amanda Ivancevich, who has cerebral palsy and is missing the left side of her brain. She relies on the dog to get her through the day and alert her family to pending seizures. Her mother, Susan Ivancevich, said it was Amanda’s first trip outside in a year.

“I’m a law abiding citizen, yes,” said Bryant. “I had no intentions of offending this child. I love children.” He also pointed out repeatedly that he runs a “Christian business.”

Since learning more about what the law says about service dogs, Bryant says he would act differently if Ellie walked into his store again.

After Susan Ivancevich posted a comment about the incident on Facebook, dozens have come to her support, and some have vowed to stop patronizing Bryant’s shop.