I and my service dog Chestnut were just kicked out of Kmart

[spacial]

Emily. I would like to start by saying that I really am very sorry to have missed your post in this thread.

I also want to say how much I feel for you and your friend. From your account, the officer was clearly acting like an arrogant jerk. I don't doubt his fellow officers felt compelled to support him. It's sad that bad officers can often escape judgement because they may have other skills which make them valuable.

I so wish there was more I could do. Given  that your friend is currently on bail, I don't know what the right thing to do now is. I understand that in most of the US, you are assigned a public defender. Is it going to help to get his support?

Once again, so very sorry to have missed this thread and my heart goes out to you and your friend. I've read your posts on here a number of times. I instantly recognise that interesting face.

[Emily Ray]

I just want to clear up some missunderstanding of the state of the law. The officer though he was an off duty officer does still have authority as if he was on duty. However, he was acting under the color of law and violating a right that I have under federal law to shop at Kmart with Chestnut. What he did to me was illegal so when J tried to stop him she was operating within the law because he wasn't making a lawful arrest or action. Under the DOJ guidelines a person doesn't need any kind of identifying card, collar, leash, harness or anything for the dog. If a dog isn't readily identifiable a person can be asked two questions of the handler. "Is this a service dog?" And "Is she assisting you with a disability?" The person must believe the response of the handler. A service dog is only a service dog when under the control of the person she is assisting or a person who is in the act of providing assistance to that person. The dog can't be sitting in the walmart restraunt without the person she is assisting nearby. We as handlers and those who assist in handleing service dogs need to be aware of the rules and follow them.

Huggs

Emily

[tekla]

In the same way that an average person can not challenge a disability claim (only a doctor can, and, at that, only after an examination), only a sitting judge acting in an official capacity (as my lawyer constantly reminds me) can determine that he wasn't making a lawful arrest or action.  If any civilian can make that determination, then there is no law.

[Stephe]

I would also file a complaint with the police department he works for. Clearly this guy is a loose canon and while your complaint by itself might not do anything if this is the first one, if there is a history of these types of things, it adds up to "you're fired".