Posted on 11/28/2001 11:05:54 AM PST by NativeNewYorker
VISTA ---- A 47-year-old Vista man whose assistance dog was attacked last year by a cat that served as the Escondido library's mascot filed a $1.5 million lawsuit Tuesday against the city of Escondido.
Richard Ramon "Rik" Espinosa, a former North County Times staff writer, alleges the city violated state civil rights laws, including laws designed specifically to protect the rights of the disabled, by denying him full access to the library with his assistance dog.
"The issue isn't that the cat attacked my dog," Espinosa said Tuesday. "It's about the ability of somebody with a disability to freely access that library unfettered. It is totally analogous to stairs to somebody with a wheelchair, especially since the cat was known to attack other animals."
Assistant City Attorney Mark Waggoner declined Tuesday to comment on the lawsuit, but said the library's policy was to allow any assistance animal into the library. Library staff did not prevent any assistance dogs from entering, Waggoner said.
"The problem was a cat with its own feline whims," Waggoner said.
According to the lawsuit, Espinosa suffers from numerous disabilities, including decreased lung function, permanent back disability, chronic pain syndrome, borderline personality disorder, major depressive disorder and panic disorder.
Espinosa's certified assistance dog, Kimba, a 55-pound female Labrador mix, has been "individually and specially trained to help Espinosa with his disabilities," according to the lawsuit.
The lawsuit alleges that the library's cat clawed Espinosa's dog without provocation when Espinosa went to the library as a news reporter Nov. 16, 2000, to interview library computer users. Espinosa retreated, pulling the dog out the door by the leash, and suffered a panic attack outside, the lawsuit alleges.
Espinosa alleges in the lawsuit that a library supervisor refused to call for assistance, and a male library patron berated him for bringing a dog into the library. The attack visibly scarred Espinosa's dog, the lawsuit alleges.
Memories of the incident cause recurring "terror and fear" for Espinosa, exacerbating his depression, the lawsuit alleges.
The lawsuit also equates a sign on the library's door asking patrons not to bring animals except licensed guide dogs for the blind into the building with signs in the south before the federal Civil Rights Act that prevented black people from entering or using various facilities.
Espinosa said the library has removed the wording regarding the admission of animals from its door since the incident involving his dog.
Waggoner said the change in the wording on the library's doors was not a result of Espinosa's actions but was meant to bring the library "more in line" with current requirements of the federal Americans with Disabilities Act.
"The whole city has become better acquainted with them (ADA requirements)," Waggoner said, referring to the aftermath of a different lawsuit that also involved the use of an assistance dog.
In that case, a quadriplegic whose Shih Tzu-poodle mix served as an assistance dog was forced to leave a performance at the California Center for the Arts, Escondido, because she would not leave her dog in her car. A federal judge ruled in August that arts center officials were ignorant of the Americans with Disabilities Act's requirements and violated the woman's rights. The judge awarded the woman $13,000 in damages.
1. Thoroughly clean the toilet.
2. Add the required amount of shampoo to the toilet water, and have both lids lifted.
3. Obtain the cat and soothe him while you carry him towards the bathroom.
4. In one smooth movement, put the cat in the toilet and close both lids (you may need to stand on the lid so that he cannot escape).
CAUTION: Do not get any part of your body too close to the edge, as his paws will be reaching out for any purchase they can find.
5. Flush the toilet three or four times. This provides a "powerwash and rinse" which I have found to be quite effective.
6. Have someone open the door to the outside and ensure that there are no people between the toilet and the outside door.
7. Stand behind the toilet as far as you can, and quickly lift both lids.
8. The now-clean cat will rocket out of the toilet, and run outside where he will dry himself.
Sincerely,
The DOG
I heard about this from the local talk radio denizen Roger Hedgecock. I want to know what the heck is the library doing with a cat? If this guy were only alergic to cats the instance could have been life threatening.
Freegards
Bonehead
He's not blind. He's neurotic.
/john
Okay, so this guy is a nutcase with back problems? Why then, does he require an assistance dog? Does the dog specialize in psychotherapy, or is it a chiropractor?
Now let me make sure I've got this straight: 'Dogs = Blacks', QED.
Is there anything I missed?
The suit was reported in the May 4 San Diego Union-Tribune and posted here.
In other words, this guy is literally certifiable, but, still capable of playing the system like a violin.
My sympathies lie with the cat, and I commend it for its patience. If I was The Clawed One, I'd have gone after the perp, rather than the mere dog. :)
It's particularly disgusting the way the writer tries to lead in with wording designed to build sympathy by -- without saying the actual words -- painting a picture of a blind guy with a seeing eye dog, when in reality, this guy is like the btch who hornswaggled the airline into letting her take her "companion" swine on board.
Let's see now, I've got numerous disabilities, including decreased heart function, permanent back disability, chronic pain, etc. I wonder what I could milk the system for? Of course, I've got a major strike against me -- I'm sane.
On the other hand, I've got a huge Rottie who's built like a Soviet tank, and when he moves, he moves like a boulder going down a steep hill. I think he'd make a fine "companion animal" for a cranky old bastard like me. And if that's not enough, I think he needs a "companion animal" of his own too. I'm thinking the giant feral cat we rescued, with half his ear frozen off, gashed up from a fight with something easily twice his size (and he was evidently the winner). He fears nothing, has a full compliment of assault-claws, and, he and the dog are "bonded". Go figure. The two of 'em are like brothers in arms or something.
Yeah, I can see us now, limping down the street (I do walk with a cane, after all), with that "go ahead, make our day" look, waiting for some deep-pocketed fool to fatten the bank account by "offending" me.
Only in America...
Espinosa's certified assistance dog, Kimba, a 55-pound female Labrador mix, has been "individually and specially trained to help Espinosa with his disabilities," according to the lawsuit.
I can't shake the feeling Espinosa is milking the system for all it's worth. How does the dog help with panic attacks? Does he pet it, and feel better?
Memories of the incident cause recurring "terror and fear" for Espinosa, exacerbating his depression, the lawsuit alleges.
Aaaugh!
*pat* *pat* *pat*
Ahhh I feel better.
The Union-Tribune, a bit more specific, says:
Espinosa, a former courts reporter for the North County Times, filed the claim himself after four lawyers declined to do it ...
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