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

[Emily Ray]

My name is Emily Ray Frisbie. My dogs name Chestnut is my registered Psyc Service Dog. I live in Minneapolis about a block away from a KMart. I have been going to this store for 7 months and have never had an issue with the staff or management regarding my dog and I shopping together. Tonight though was different!

The incident started when an off duty police officer wouldn't allow us into the store. He told me that Kmart policy is no dog allowed. I asked to speak to the manager and he refused to get them and instead tried to drag me out of the store physically assaulting me. When my friend tried to come to my aid he punched her in the face and slammed her into the floor and repeatedly punched her. He placed her under arrest and charged her with assualt and wanted to charge me with disturbing the peace. On duty police arrived and they placed me and my service dog into the back of a patrol car. I explained to the on duty officer that Chestnut is a registered Service Dog and that it was against the ADA to ask me to leave. He looked up her registration and Chestnut and I were eventually released. My friend who tried to come to my defence was held on misdemeaner assault and booked into county Jail.

I was completely within my rights to be in that store and this officer who was not on duty and was only an employee of Kmart assaulted me first and then my friend.


Feel free to cross post this onto any forum you think it would be appropriate. We need help!!!

Emily

[Felix]

What kind of help are you looking for?

It's not cool that this happened to you and your friend. I have a clean record, no arrests or convictions, and I've been harassed and/or beaten by the police a number of times. Most recently when they saw my daughter hitting me and screaming at me and thought I was kidnapping her or something.

People given the task of patrolling/policing/monitoring/whatever sometimes deal with it very badly. I'm sorry you had to tangle with them.

[SandraJane]

Time to get Perry Mason involved besides writing mucho letters to K-Mart management!, Do you think this was also a "Transphobic Moment" on the off-duty cop's part?

[Emily Ray]

I am asking for publicty. The more the better! I don't know that it was a trans thing or not, so I am going to leave that out of it for now. If the officer turns out to have a history of violence against transgender then of course things would change

[tekla]

I don't know what the law is in Minnasota, but in Cali they are allowed to distinguish between service animals for phych reasons and things like seeing-eye dogs that assist people with physical limitations.  The second can not be banned, the first is at the discression of the store and health codes.

[Emily Ray]

State laws can be and often are different then Federal Law. Under the ADA the Department of Justice guidelines for service dogs she is considered one and as such I am allowed to take her with me anywhere the public normally goes. Federal laws apply to everyone regardless of the state laws.

Please pray for my friend and sister

Huggs

Emily

[Keaira]

That Officer needs to be charged with assault!!
Perhaps this will help you get a complaint filed against this guy.

http://www.freeexistence.org/police_complaints.html

[Jamie D]

My name is Emily Ray Frisbie. My dogs name Chestnut is my registered Psyc Service Dog. I live in Minneapolis about a block away from a KMart. I have been going to this store for 7 months and have never had an issue with the staff or management regarding my dog and I shopping together. Tonight though was different!

The incident started when an off duty police officer wouldn't allow us into the store. He told me that Kmart policy is no dog allowed. I asked to speak to the manager and he refused to get them and instead tried to drag me out of the store physically assaulting me. When my friend tried to come to my aid he punched her in the face and slammed her into the floor and repeatedly punched her. He placed her under arrest and charged her with assualt and wanted to charge me with disturbing the peace. On duty police arrived and they placed me and my service dog into the back of a patrol car. I explained to the on duty officer that Chestnut is a registered Service Dog and that it was against the ADA to ask me to leave. He looked up her registration and Chestnut and I were eventually released. My friend who tried to come to my defence was held on misdemeaner assault and booked into county Jail.

I was completely within my rights to be in that store and this officer who was not on duty and was only an employee of Kmart assaulted me first and then my friend.


Feel free to cross post this onto any forum you think it would be appropriate. We need help!!!

Emily

There should be lawyers coming out of the woodwork for you and your friend.  The officer is completely at fault, committed a crime by assaulting you, and violated your civil rights (under the color of authority).  He also battered your friend.

File a complaint with his employing agency.  Get a lawyer (who will likely work on a contingent basis).  Contact your local news media.

Knuckleheads like this cop deserve to be slapped around.

[Jamie D]

Minnesota laws (2011 statures) pertaining to service animals:

363A.09 Subdivision 5

REAL PROPERTY FULL AND EQUAL ACCESS.

It is an unfair discriminatory practice for a person to deny full and equal access to real property provided for in sections 363A.08 to 363A.19, and 363A.28, subdivision 10, to a person who is totally or partially blind, deaf, or has a physical or sensory disability and who uses a service animal, if the service animal can be properly identified as being from a recognized program which trains service animals to aid persons who are totally or partially blind or deaf or have physical or sensory disabilities. The person may not be required to pay extra compensation for the service animal but is liable for damage done to the premises by the service animal.

363A.19

DISCRIMINATION AGAINST BLIND, DEAF, OR OTHER PERSONS WITH PHYSICAL OR SENSORY DISABILITIES PROHIBITED.

(a) It is an unfair discriminatory practice for an owner, operator, or manager of a hotel, restaurant, public conveyance, or other public place to prohibit a blind or deaf person or a person with a physical or sensory disability from taking a service animal into the public place or conveyance if the service animal can be properly identified as being from a recognized program which trains service animals to aid blind or deaf persons or persons with physical or sensory disabilities, and if the animal is properly harnessed or leashed so that the blind or deaf person or a person with a physical or sensory disability may maintain control of the animal.

256C.02

PUBLIC ACCOMMODATIONS.

The blind, the visually disabled, and the otherwise physically disabled have the same right as the able-bodied to the full and free use of the streets, highways, sidewalks, walkways, public buildings, public facilities, and other public places; and are entitled to full and equal accommodations, advantages, facilities, and privileges of all common carriers, airplanes, motor vehicles, railroad trains, motor buses, boats, or any other public conveyances or modes of transportation, hotels, lodging places, places of public accommodation, amusement, or resort, and other places to which the general public is invited, subject only to the conditions and limitations established by law and applicable alike to all persons.

Every totally or partially blind, physically disabled, or deaf person or any person training a dog to be a service dog shall have the right to be accompanied by a service dog in any of the places listed in section 363A.19. The person shall be liable for any damage done to the premises or facilities by such dog. The service dog must be capable of being properly identified as from a recognized school for seeing eye, hearing ear, service, or guide dogs.

The Americans with Disabilities Act applies to all business open to the public, including grocery and department stores.

Hope this helps

[Zen]

My name is Emily Ray Frisbie. My dogs name Chestnut is my registered Psyc Service Dog. I live in Minneapolis about a block away from a KMart. I have been going to this store for 7 months and have never had an issue with the staff or management regarding my dog and I shopping together. Tonight though was different!

The incident started when an off duty police officer wouldn't allow us into the store. He told me that Kmart policy is no dog allowed. I asked to speak to the manager and he refused to get them and instead tried to drag me out of the store physically assaulting me. When my friend tried to come to my aid he punched her in the face and slammed her into the floor and repeatedly punched her. He placed her under arrest and charged her with assualt and wanted to charge me with disturbing the peace. On duty police arrived and they placed me and my service dog into the back of a patrol car. I explained to the on duty officer that Chestnut is a registered Service Dog and that it was against the ADA to ask me to leave. He looked up her registration and Chestnut and I were eventually released. My friend who tried to come to my defence was held on misdemeaner assault and booked into county Jail.

I was completely within my rights to be in that store and this officer who was not on duty and was only an employee of Kmart assaulted me first and then my friend.


Feel free to cross post this onto any forum you think it would be appropriate. We need help!!!

Emily

Kia Ora Emily,

The friend that was with you, are they also trans ?

Metta Zenda

[justmeinoz]

I would be straight onto the Police Ethical Standards Dept or similar, with a good lawyer demanding the off-duty member be charged with assault etc. 
Such people do not belong in any Police Force.
Karen.

[Emily Ray]

@metta zenda, yes, she is transgender also.

I am going to city hall tomorrow to file a complaint aganst the officer with the Internal Affairs department.

Thanks for your prayers for Jessica and me. I cannot close my eyes because what I will see replayed over and over again.

Emily

[V M]

I'm sorry that you had to deal with such an experience, you probably should file complaints with both K-mart and the police dept.    I hope the friend who was with you is okay

[tekla]

to a person who is totally or partially blind, deaf, or has a physical or sensory disability and who uses a service animal, if the service animal can be properly identified as being from a recognized program which trains service animals to aid persons who are totally or partially blind or deaf or have physical or sensory disabilities

Under this law she does not qualifiy.  A psych service dog is NOT the same as a service animal trained to provide for someone with a 'physical or sensory disability.'   This has been taken to court in several places, and no on have ever won on it.  Largely because they also have trouble proving that the anmimal in question can be properly identified as being from a recognized program which trains service animals to aid persons who are totally or partially blind or deaf or have physical or sensory disabilities.  Such animals are highly trained, and not pet that provides psychologial comfort - and that training becomes a key issue. 

Can you prove that your dog can be properly identified as being from a recognized program which trains service animals to aid persons who are totally or partially blind or deaf or have physical or sensory disabilities?

You can always get the cop on assult though, provided that your behavior was beyond reproch, and that you have independant witness to the confrontatoin.

[dalebert]

I hope that you get results. I can't say I'm very optimistic. The police and bureaucrats seem to watch each other's backs more than they are concerned with actually protecting innocents. I hope that doesn't happen here. It's so blatantly wrong. At the very least, I expect it will be a tremendous drain on your time and resources trying to get some sort of justice.

[Princess of Hearts]

Hugs!   That was a horrible experience for you and especially your friend.   I hope that you both get justice.

[tekla]

If your friend touched, pushed, struck - made any physical contact with the officer first, he/she is guilty of assault and/or interference with official actions.  The cops duty status is irrelevant, as police officers are sworn officers of the court and are never supposed to turn their back on a crime.  Many cities require off-duty officers to carry their service weapon because of this.  You have to be very careful in these situations as the burden of proof is always going to be on the civilian as the courts tend to take the word of a cop (a sworn officer of the court) over that of a non-cop.

[caseyyy]

I've seen this thread a few times and have never really been sure what to say because it completely broke my heart. I can't help with getting you justice, given I know next to nothing about US law, but I want you to know how sorry I am that this happened to you, and that you have my moral support as you try to get justice.

[Epi]

Under the ADA the Department of Justice guidelines for service dogs she is considered one and as such I am allowed to take her with me anywhere the public normally goes.

Was your service dog wearing a harness vest clearly identifying in large lettering that your animal was a "SERVICE ANIMAL/K-9"?

If your friend touched, pushed, struck - made any physical contact with the officer first, he/she is guilty of assault and/or interference with official actions.

Unwanted touching, pushing and/or striking is actually battery.  Assault is when someone makes an individual fear bodily harm or threatens violence towards them.  There doesn't actually need to be any physical contact for assault to occur.  The individual could be found guilty of battery upon a peace officer and obstruction if they knew the individual was a police officer and still chose to become involved regardless of the circumstances.

[Princess of Hearts]

Chestnut is such a nice friendly and descriptive name for a dog.