Shuma the German Shepard service dog - MO gal will not return beloved pet

Shuma the German Shepard helper dog. A disabled man from Mississippi who fled after hurricane Katrina and ended up in Independence Missouri needed to put a roof over his families head. His temporary accommodations would not allow pet's.

John Wyrick gave his pet Shuma to Lynn Nevill's at the Independence Animal Shelter where he signed away his pet because he could keep his beloved pet and service dog with him, the apartment would not allow it. Desperate to put a roof over his families' head he signed his registration paper's over to Ms. Nevill. It maybe legally sound but it is morally WRONG.

He has now found a home where he can have his beloved companion and service dog. He went back to the shelter, asking for his pet back and she refused.

This story has outraged the greater Kansas City area. What type of person would do this to someone who has just lost their home and everything in it. Knowing, that his current home was temporary until he could find one that would take pets.

Yes, I know contract law. I also know that he signed away his pet to the shelter. Could he not have asked their help? I do not know that answer. They get strays all the time. Why would they force this family to sign their pet away. This part of the story is a bit fuzzy.

Getting back to this tragic story, the out pouring of help from our town, is heart warming and a reminder of all the wonderful folks out there, they are determined to reunite dog with owner.

Jeff Lund who manages Weinburg Dodge offered after seeing the news segment last night $1000.00 to Nevill if she would return the pet to the rightful owner. The owner of the dealership heard about this and doubled Mr. Lund's offer. Carol Elber's also contributed saying she had little money but this companion belongs with the his family/master. Other's in the community have offered to give Ms. Nevell a puppy, all gestures turned down. Cannot even bribe a woman to do the right thing. What a role model she is.

To add to this devastating situation, the woman, Ms. Nevill, claimed during a radio interview that Mr. Wyrick was not a Hurricane Katrina victim and that there were no records to prove it through FEMA. Well, KCTV decided that when they got involved with this story it would be through the long haul. They also did a check on the man's veracity and indeed he is a victim of the Hurricane. So, in his time of need, she takes his beloved pet and when finds a place to live that accepts pet's she chooses not to give back his service/companion dog. Then she goes out on the air waves to slander his good name.

As of last night's news cast a lawyer has offered his assistance free of charge. Oh and if you are wondering WHY she will not return Shuma, the family pet of the Wyrick family, she claims her family, in the last 3 weeks have become to attached to the dog.

You can also go to the KCTV website, where you can send an email on this story, and they will share them on the air,or call their voice mail where they will also share those messages. The community will have nothing of this and I get it as well.

There is a special place in hell for the likes of this woman. Beloved did little research on the net and he found her address and phone number. I will post the information once I ask Dave where the links are, she must be told her behavior was very un American.

Dog Dilemma Reaction
Kansas City has spoken. You want an Independence, Mo., woman to give Shuma the shepherd back to her owner. Thursday night, you met a disabled man from Mississippi who fled Hurricane Katrina and ended up in Independence, but he had to give up his dog, which is not only his pet but his helper. Chief Investigative Reporter Steve Chamraz has the latest.

Community Reacts to Dog Dilemma
Since the story about one Hurricane Katrina survivor's dog dilemma aired Thursday on "KCTV5 News at 10," there's been an outpouring of reaction to the community. Hear some of the e-mails and offers to help that KCTV5 News received in this video report.

KCTV5 News Investigation: Dog Dilemma
Hundreds of people have come to Kansas City after fleeing Hurricane Katrina and most have been welcomed with open arms. But one man who lost his home and belongings to the storm came here and lost something that can't be replaced and he blames an Independence woman.

Answering my own question, here is a FAQ on service dogs and the ADA:

http://www.usdoj.gov/crt/ada/qasrvc.htm

COMMONLY ASKED QUESTIONS ABOUT

SERVICE ANIMALS IN PLACES OF BUSINESS

1. Q: What are the laws that apply to my business?

A: Under the Americans with Disabilities Act (ADA), privately owned businesses that serve the public, such as restaurants, hotels, retail stores, taxicabs, theaters, concert halls, and sports facilities, are prohibited from discriminating against individuals with disabilities. The ADA requires these businesses to allow people with disabilities to bring their service animals onto business premises in whatever areas customers are generally allowed.

2. Q: What is a service animal?

A: The ADA defines a service animal as any guide dog, signal dog, or other animal individually trained to provide assistance to an individual with a disability. If they meet this definition, animals are considered service animals under the ADA regardless of whether they have been licensed or certified by a state or local government.

Service animals perform some of the functions and tasks that the individual with a disability cannot perform for him or herself. "Seeing eye dogs" are one type of service animal, used by some individuals who are blind. This is the type of service animal with which most people are familiar. But there are service animals that assist persons with other kinds of disabilities in their day-to-day activities. Some examples include:

_ Alerting persons with hearing impairments to sounds.

_ Pulling wheelchairs or carrying and picking up things for persons with mobility impairments.

_ Assisting persons with mobility impairments with balance.

A service animal is not a pet.

3. Q: How can I tell if an animal is really a service animal and not just a pet?

A: Some, but not all, service animals wear special collars and harnesses. Some, but not all, are licensed or certified and have identification papers. If you are not certain that an animal is a service animal, you may ask the person who has the animal if it is a service animal required because of a disability. However, an individual who is going to a restaurant or theater is not likely to be carrying documentation of his or her medical condition or disability. Therefore, such documentation generally may not be required as a condition for providing service to an individual accompanied by a service animal. Although a number of states have programs to certify service animals, you may not insist on proof of state certification before permitting the service animal to accompany the person with a disability.

4. Q: What must I do when an individual with a service animal comes to my business?

A: The service animal must be permitted to accompany the individual with a disability to all areas of the facility where customers are normally allowed to go. An individual with a service animal may not be segregated from other customers.

5. Q: I have always had a clearly posted "no pets" policy at my establishment. Do I still have to allow service animals in?

A: Yes. A service animal is not a pet. The ADA requires you to modify your "no pets" policy to allow the use of a service animal by a person with a disability. This does not mean you must abandon your "no pets" policy altogether but simply that you must make an exception to your general rule for service animals.

6. Q: My county health department has told me that only a seeing eye or guide dog has to be admitted. If I follow those regulations, am I violating the ADA?

A: Yes, if you refuse to admit any other type of service animal on the basis of local health department regulations or other state or local laws. The ADA provides greater protection for individuals with disabilities and so it takes priority over the local or state laws or regulations.

7. Q: Can I charge a maintenance or cleaning fee for customers who bring service animals into my business?

A: No. Neither a deposit nor a surcharge may be imposed on an individual with a disability as a condition to allowing a service animal to accompany the individual with a disability, even if deposits are routinely required for pets. However, a public accommodation may charge its customers with disabilities if a service animal causes damage so long as it is the regular practice of the entity to charge non-disabled customers for the same types of damages. For example, a hotel can charge a guest with a disability for the cost of repairing or cleaning furniture damaged by a service animal if it is the hotel's policy to charge when non-disabled guests cause such damage.

8. Q: I operate a private taxicab and I don't want animals in my taxi; they smell, shed hair and sometimes have "accidents." Am I violating the ADA if I refuse to pick up someone with a service animal?

A: Yes. Taxicab companies may not refuse to provide services to individuals with disabilities. Private taxicab companies are also prohibited from charging higher fares or fees for transporting individuals with disabilities and their service animals than they charge to other persons for the same or equivalent service.

9. Q: Am I responsible for the animal while the person with a disability is in my business?

A: No. The care or supervision of a service animal is solely the responsibility of his or her owner. You are not required to provide care or food or a special location for the animal.

10. Q: What if a service animal barks or growls at other people, or otherwise acts out of control?

A: You may exclude any animal, including a service animal, from your facility when that animal's behavior poses a direct threat to the health or safety of others. For example, any service animal that displays vicious behavior towards other guests or customers may be excluded. You may not make assumptions, however, about how a particular animal is likely to behave based on your past experience with other animals. Each situation must be considered individually.

Although a public accommodation may exclude any service animal that is out of control, it should give the individual with a disability who uses the service animal the option of continuing to enjoy its goods and services without having the service animal on the premises.

11. Q: Can I exclude an animal that doesn't really seem dangerous but is disruptive to my business?

A: There may be a few circumstances when a public accommodation is not required to accommodate a service animal--that is, when doing so would result in a fundamental alteration to the nature of the business. Generally, this is not likely to occur in restaurants, hotels, retail stores, theaters, concert halls, and sports facilities. But when it does, for example, when a dog barks during a movie, the animal can be excluded.

If you have further questions about service animals or other requirements of the ADA, you may call the U.S. Department of Justice's toll-free ADA Information Line at 800-514-0301 (voice) or 800-514-0383 (TDD).

DUPLICATION OF THIS DOCUMENT IS ENCOURAGED.

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