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#201210 - 02/03/12 04:50 AM Last night I was brutaly kicked out of a Kmart
emilyray
Junior Member


Registered: 02/03/12
Posts: 1
Last night my friend and headed to Kmart to do some shopping. We were stopped by an off duty policeman working security for Kmart because I have a service dog. We tried to explain to him that Chestnut is a service dog and is entitled to go with me most anywhere. He kept on insisting that the store policy was "No Dogs Allowed" I requested to speak to the manager and he refused to call them. He then grabbed me by the arm and tried to drag me out of the store. At this, my friend tried to come to my aid and he turned, hit her in the face, slammed her to the ground, and repeatedly punched her face and body as I watched in horror. Once she was placed in handcuffs he called for support on his radio. When the police arrived I was placed into the back seat of a patrol car while my friend was placed into another one. The off duty officer wanted me to be arrested for disturbing the peace and my friend to be charged with assault. The arresting officers didn't agree and I was released. My friend however was arrested and charged with assault 4th degree and is now in jail under a suicide watch.

We are both decorated disabled veterans and we just wanted to do some shopping. I have been a regular shopper of this Kmart for the last 7 months and have never had any problems with bringing my service dog into the store. I would think that a policeman would be at least a little bit informed about ADA laws and service dog access.

Please cross post this if you think it necessary

Emily

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#201214 - 02/03/12 08:19 AM Re: Last night I was brutaly kicked out of a Kmart [Re: emilyray]
Greg
Member


Registered: 08/20/05
Posts: 10000
Have you gone public? Is there any media coverage you can link to so we can better understand both sides of the story? Have you retained legal counsel yet?

"Please cross post this if you think it necessary." Where?

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#201215 - 02/03/12 08:54 AM Re: Last night I was brutaly kicked out of a Kmart [Re: emilyray]
corlorde
Member


Registered: 04/24/01
Posts: 9246
Originally Posted By: emilyray

We are both decorated disabled veterans and we just wanted to do some shopping.


There, I fixed it as to stay on topic without unnecessary fluff and emoting.
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#201217 - 02/03/12 10:02 AM Re: Last night I was brutaly kicked out of a Kmart [Re: emilyray]
Skylark
Member


Registered: 08/15/00
Posts: 17531
Loc: SoCal
Originally Posted By: emilyray
Last night my friend and headed to Kmart to do some shopping. We were stopped by an off duty policeman working security for Kmart because I have a service dog. We tried to explain to him that Chestnut is a service dog and is entitled to go with me most anywhere. He kept on insisting that the store policy was "No Dogs Allowed" I requested to speak to the manager and he refused to call them. He then grabbed me by the arm and tried to drag me out of the store. At this, my friend tried to come to my aid and he turned, hit her in the face, slammed her to the ground, and repeatedly punched her face and body as I watched in horror. Once she was placed in handcuffs he called for support on his radio. When the police arrived I was placed into the back seat of a patrol car while my friend was placed into another one. The off duty officer wanted me to be arrested for disturbing the peace and my friend to be charged with assault. The arresting officers didn't agree and I was released. My friend however was arrested and charged with assault 4th degree and is now in jail under a suicide watch.

We are both decorated disabled veterans and we just wanted to do some shopping. I have been a regular shopper of this Kmart for the last 7 months and have never had any problems with bringing my service dog into the store. I would think that a policeman would be at least a little bit informed about ADA laws and service dog access.

Please cross post this if you think it necessary

Emily


Very dramatic occurrence, emilyray ...

You don't tell us what happened to Chestnut during all of this; did the dog cringe and cower? Did the dog attempt to defend and protect? What happened to Chestnut through all of this?

But there are two sides to every story.

Before I'd make any comment on your "brutal" dismissal from K-mart, a statement from security on YOUR behavior would be in order. And the "assault" descriptions are a little confusing: who hit whom? If your friend was arrested, then perhaps it was your friend who hit the security guard - ?

Just a little sidebar, here: Whenever my husband and I go to Walmart, our little terrier mix Bella Rose (aka "honey badger"), accompanies him -- with just a leash and no "cloak" to designate her as an official service dog, because she isn't. She plays the part very well, however, and stays at his side, perfectly behaved. The Walmart greeter and security dude just smile and say "Have a nice day."

I'm just saying...



Edited by Skylark (02/03/12 10:07 AM)

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#201222 - 02/03/12 12:17 PM Re: Last night I was brutaly kicked out of a Kmart [Re: emilyray]
flicka
Member


Registered: 04/06/00
Posts: 24616
Loc: SLO County, CA - 66.122.77.142
Originally Posted By: Skylark
Bella Rose (aka "honey badger

lmao !
Originally Posted By: emilyray
The arresting officers didn't agree and I was released. My friend however was arrested and charged with assault 4th degree and is now in jail under a suicide watch.

Lawyer up and do not post 'your side of the story' on any more message boards until you get this sorted out.
_________________________

"A lot of things were acceptable--until we stopped accepting it." -- Al Sharpton '12

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#201224 - 02/03/12 12:52 PM Re: Last night I was brutaly kicked out of a Kmart [Re: flicka]
cbal-craig
Member


Registered: 04/06/00
Posts: 17675
...........
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#201225 - 02/03/12 04:09 PM Re: Last night I was brutaly kicked out of a Kmart [Re: cbal-craig]
Greg
Member


Registered: 08/20/05
Posts: 10000
found this on a dog lovers site:

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.

Emily

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#201226 - 02/03/12 04:18 PM Re: Last night I was brutaly kicked out of a Kmart [Re: Greg]
Greg
Member


Registered: 08/20/05
Posts: 10000
also the post was at:

http://www.susans.org/forums/index.php?topic=114997.0

it sounds like this story has some more layers to it.

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#201227 - 02/03/12 04:27 PM Re: Last night I was brutaly kicked out of a Kmart [Re: Greg]
Greg
Member


Registered: 08/20/05
Posts: 10000
darn I guess I'm out of luck:

http://www.susans.org/forums/index.php?topic=111927.20

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#201228 - 02/03/12 05:05 PM Re: Last night I was brutaly kicked out of a Kmart [Re: Greg]
Greg
Member


Registered: 08/20/05
Posts: 10000
from wikipedia:

Social Issues with Accessibility

People with psychiatric service dogs are often faced with several problems that other service dog handlers typically do not experience. While guide dogs for the blind and hearing-impaired and helper dogs for people who use wheelchairs are well-known to the public, dogs for psychiatric conditions are not. Further adding to this issue is that many people with psychiatric conditions do not appear to have anything externally wrong with them, and because of the heavy social stigma of mental illness, the handler may be reluctant to explain their condition or the dog's trained tasks even in the vaguest of terms. In addition, the dogs can be any size (even toy breeds) depending on their trained task, yet there is a common public misconception that all service dogs are medium or large breeds. Any of these issues can lead to other people inappropriately impugning the dog's status or pressing the handler to divulge medical information about themselves.

This places the handler in a difficult position, where they may feel pressured to reveal their condition and face inappropriate stigma and scrutiny. Or they may opt to not identify their dog as a service animal in the first place and forfeit accessibility, instead treating the dog as though it were a normal pet when in public.

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#201233 - 02/03/12 09:38 PM Re: Last night I was brutaly kicked out of a Kmart [Re: Greg]
kimberleyb
Member


Registered: 06/24/00
Posts: 4386
Loc: cripworld
registered WHERE? There is no registry for service animals.

I don't believe you. At all.

Do you have any clue where you are and who you are posting to?

Sorry. Well not sorry actually.
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#201237 - 02/04/12 09:06 AM Re: Last night I was brutaly kicked out of a Kmart [Re: kimberleyb]
Greg
Member


Registered: 08/20/05
Posts: 10000
yea, the person doesn't have an SCI or isn't in a chair so get lost

no ADA requirement for registering service animals but there are voluntary associations.

legal link http://www.animallaw.info/articles/ddusassistanceanimal.htm

you don't believe "at all" someone posting their plight on a messageboard? unbelievable!!!!

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#201238 - 02/04/12 09:40 AM Re: Last night I was brutaly kicked out of a Kmart [Re: Greg]
Greg
Member


Registered: 08/20/05
Posts: 10000
Go get em Emily:

"Let's see. On the bad news side my friend is being held for 36 hours and being charged with assault 4th degree.

I have submitted the story to CNN, FoxNEWS and MSNBC.

I have sent emails to both my city councilperson and the mayor of Minneapolis.

I have started the proccess of getting an attorney.

I have contacted Out Front Minnesota our local LGBT legal defense group.

Planning on contacting other trans orginizations in the Twin Cities tomorrow like TYSN and the Transgender Health Coalition.

Tomorrow I will be contacting the Local Newspapers and disablility advocacy groups.

Thank you all for your prayers and support. I am affraid to close my eyes because I will only see her bloody face and the cop beating on her so I will not rest until she is free.

Huggs

Emily"

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#201241 - 02/04/12 03:14 PM Re: Last night I was brutaly kicked out of a Kmart [Re: Greg]
soda
Member


Registered: 08/26/07
Posts: 4726
MEMories
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67.87.81.12

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#201242 - 02/04/12 04:00 PM Re: Last night I was brutaly kicked out of a Kmart [Re: kimberleyb]
flicka
Member


Registered: 04/06/00
Posts: 24616
Loc: SLO County, CA - 66.122.77.142
Originally Posted By: kimberleyb
registered WHERE? There is no registry for service animals.

Really? I just googled service dog registry and came up with several results. Are these sites bogus?

This is one of them: http://www.usservicedogregistry.org/
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"A lot of things were acceptable--until we stopped accepting it." -- Al Sharpton '12

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