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Library cat attack spawns lawsuit
North County Times (SoCal) ^ | 11/28/01

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.


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To: NativeNewYorker
Does the library cat's name happen to be Fred, by any chance?


41 posted on 11/28/2001 12:39:15 PM PST by Atticus
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To: Crusty_Pant_Suit
"this guy bats left handed..."

Is that a polite way of saying there's no appreciable wear in his loafers?

Would that make him "round-toed"? (as opposed to "round-heeled")

Enquiring Cynical minds want to know!

42 posted on 11/28/2001 12:40:29 PM PST by Don Joe
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To: mountaineer
Heheheheh, that looks about right.
43 posted on 11/28/2001 12:42:08 PM PST by Don Joe
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To: NativeNewYorker
"Memories of the incident cause recurring "terror and fear" for Espinosa"

The jury ought to find for the plaintiff and award him a box of Depends.

44 posted on 11/28/2001 12:49:45 PM PST by spunkets
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To: kd5cts
Those symptoms, when viewed as part of the "big picture", are part of a condition known as "Fraudulent Parasitic Victimitis". The sufferer constantly requires larger and larger sums of money and complete subservience from other human beings. The only known cure for "Fraudulent Parasitic Victimitis" is a Private Investigator, a hidden camera, and jail time combined...
45 posted on 11/28/2001 1:14:59 PM PST by dandelion
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To: Cagey
In my latest AllPets catalog is an item (#191606) entitled, "Minimize Mishaps Created When Bathing or Medicating Cats." It's a "grooming bag [that] securely restrains the animal, preventing jumping and running away. Use while bathing, flea dipping, blow drying, nail clipping and during ear/eye care. Great for cats, rabbits, ferrets and small dogs up to 16 lbs." It costs $10.99. It looks like a mesh laundry sack.

My question: how do you get the cat into the bag in the first place?

46 posted on 11/28/2001 1:19:33 PM PST by Catspaw
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To: Don Joe
Heh heh. I like the way you write and just bookmarked your name. Heh heh..
47 posted on 11/28/2001 1:27:24 PM PST by bluefish
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To: Catspaw

Probably just lay the bag down on the floor?

48 posted on 11/28/2001 1:30:09 PM PST by Cagey
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To: Atticus
Cool! Growing up, I had a cat named Fred. He was awesome because he enjoyed boxing with me. Sort of like a kitten bats at you, but a much more refined style. I'd get down with my face at his level and only use my thumbs. He would smack the crap out of me and never back down. I usually gave up first.
49 posted on 11/28/2001 1:38:20 PM PST by bluefish
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To: Don Joe
You certainly have a way with words Don Joe. You created a wonderful mental image. LOL! Cool cat, btw.

/john

50 posted on 11/28/2001 2:03:14 PM PST by JRandomFreeper
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To: Liberal Classic
How does the dog help with panic attacks?

I assumed some Sacramento legislator-on-the-take inserted a provision allowing for this to be paid for by the State...

51 posted on 11/28/2001 5:36:40 PM PST by NativeNewYorker
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To: mountaineer
You beat me by a minute. That cat never fails to crack me up.
52 posted on 11/28/2001 6:44:30 PM PST by Atticus
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To: mountaineer
hahahahahahahahahaha!
53 posted on 11/28/2001 6:51:41 PM PST by Lady In Blue
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To: bluefish
Thanks for the next best laugh I had this evening! Your Fred must have been some cat! lol!
54 posted on 11/28/2001 6:54:52 PM PST by Lady In Blue
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To: mountaineer
Whew - am checking in late today on FR. Am glad to see FRed made his timely appearance!
55 posted on 11/28/2001 7:35:28 PM PST by CheneyChick
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To: CheneyChick
I think FReD ran away from home after the unfortunate, ahem, anti-constipation procedure, and became a library cat only after a brief career as a bar bouncer and as Hillary Clinton's fashion advisor.
56 posted on 11/28/2001 7:52:49 PM PST by mountaineer
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To: mountaineer
You know how your mama told you not to cross your eyes cuz they'd stick that way? Well, FRed has the same look as when he first looked at Hillary, and it stuck.
57 posted on 11/28/2001 8:06:49 PM PST by CheneyChick
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To: bluefish
"I like the way you write"

Thanks. I must confess -- I'm a writer. :)

58 posted on 11/28/2001 9:25:27 PM PST by Don Joe
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To: NativeNewYorker
Damn I wish America had a "Loser Pays Law".
59 posted on 11/28/2001 9:28:22 PM PST by oldvike
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To: kd5cts
"You certainly have a way with words Don Joe. You created a wonderful mental image. LOL! Cool cat, btw."

Thanks. He's a different kinda cat alright. Big black and white "tuxedo", strong as an ox, no real sense of his own power. At first, the other cats were terrified of him. They're gradually getting beyond that, and he's slowly learning to fit in with them. But, he goes nuts for my wife and me. When I pick him up, he grabs my neck and starts licking my beard over and over trying to groom it for me, purring like a motorboat. He'd let me hold him for hours, if I'd do it. That's kinda rare. I may be reading too much into it (I don't think I am), but I think he's grateful for being rescued. He came scratching at the sliding glass door to the kitchen one night in the dead of winter. A couple of our cats were looking at him through the window, and when my wife slid the door open, he came running in! Very unusual. He was a wreck, all cut up, and half his ear frostbitten real bad. (It eventually dried up and fell off.) But, he didn't have the typical "starvation cat" look that most ferals have. This guy was obviously a successful hunter. Fast, strong, and he knows how to hold still and quiet. But, it had to be a hard life, between the cold and the predators. So, I think he's glad to be here.

60 posted on 11/28/2001 9:32:39 PM PST by Don Joe
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