Well well well, wouldn’t you know it, I managed to get discriminated against twice in one night! Saturday was quite the exciting night, as it involved me being ill enough that we were wondering if we should head to an ER before I went all floppy and semi-responsive and started having pain in my chest and difficulty breathing. I also had a dehydration-induced migraine.
Looking back, I think the difficulty breathing was just that I was having difficulty doing ANYTHING. When I get dehydrated, I have this alarming tendency to go from okay to NOT very quickly. And, well, there’s not much like throwing up everything and continuing to throw up liquid out of your previously empty stomach to make you dehydrated.
I wasn’t able to help move me much, and we live in a narrow little row house. Without my help, the boyfriend really can’t get me down the stairs. He was getting scared and I was getting less responsive, and complaining that my chest hurt, so he called an ambulance. I think it was a wise move given the situation.
Except, y’know, that the ambulance wasn’t terribly helpful. First off, because we live in a narrow little rowhouse, they can’t easily get the gurney upstairs to the bedroom. So they sent one of them up to help the boyfriend maneuver me. After correcting him to not lever my shoulder (dislocated Thursday), I still had to manage to walk down the hallway, which was a near thing. My legs were shaking, and I’m still surprised I didn’t just fold up. Being vertical and dehydrated for me puts me at a high risk of collapse or faint.
We managed to get me down the stairs and to the gurney waiting outside our front door. They get me on the gurney and strap me in, then wheel me into the ambulance. As this is happening, the boyfriend decides to drive to the hospital because he thinks the ambulance will be too crowded with him and the service dog inside. One of the EMTs is pretty cool and says something that we later realize may have been a warning about the ER, but the other one…the other one, who was driving, decides to stand outside the doors of the ambulance and harass me over the service dog. What do I think he’s going to do to me in the ER? It’s unfair to other people to bring my dog into the ER. Why do I think it’s okay to do that? So on and so forth. I eventually tell him to knock it off, which he reacts to in surprise as if he wasn’t being completely inappropriate.
(Incidentally, my ankle partially dislocated on the way to the ER. It wasn’t really anyone’s fault, but my feet were strapped in and we hit a little bump and there went my ankle. It certainly added to the misery of the evening!)
So we get to the ER. By the time the ambulance gets there, the boyfriend is already there with Hudson, arguing with security about letting my service dog into the ER. Yeah, you got that right, security said no service dog in the ER. It’s discrimination. We’ve taken Hudson into other ERs. We would have gone to the one we know is service-dog friendly (where, in fact, they love Hudson – yeah, they’ve seen him that often), but when you’re in an ambulance, you don’t have all that much choice over where you get taken.
So the boyfriend argued with security. The first guard seemed like a decent human being, but one hamstrung by policy. He had to call his supervisor, and THAT guy…that guy was the worst we ran into all night. He said that “human rights trump animal rights” and ignored that it wasn’t Hudson’s rights he was trampling, it was MINE. When I was brought from registration to triage, I noticed that Hudson and the boyfriend were gone, so I asked where my dog and my boyfriend were. The triage nurse explained to me that they weren’t allowing the dog. I told them, it’s like taking away someone’s prosthetic leg. They argued that since I was in a wheelchair and would soon be on a gurney, I didn’t need the service dog. I requested her supervisor. Her supervisor came out, and they asked me what exactly Hudson does. I explained a list of the things he does, and they said that since they could do all of that for me, I didn’t need Hudson. I told them again that they were taking away my independence, that the entire point of a service dog is being able to do those things for myself. I told them it was like taking away someone’s prosthetic leg, something they had no right to do. They told me that they had to keep the dog out just in case someone came in with asthma and a dog allergy. now, if they HAD a patient like that in the ER and couldn’t sufficiently separate us, that would have been a reasonable reason not to allow Hudson in. However, the theoretical possibility is not. Hospitals are allowed to restrict dogs from places like burn wards, where the slightest contagion can cause dangerous infections. However, they are NOT allowed to just blanket refuse to allow service dogs into their facility.
The security supervisor kept after me. The guard said they were trying for compromise and I said no, you don’t want a compromise. You want me to do things the way you want. The guard said no, but the supervisor said ‘I won’t lie to you, you’re right.’ I said that’s a bully’s version of compromise, and you’re no better than a schoolyard bully throwing your weight around.
The ER supervisor said I had the option of going elsewhere. Bullshit. When you’ve been brought in by ambulance because you’re barely able to stand with tons of assistance, you don’t have the option of going somewhere else. Especially when somewhere else is on the far side of the city. I told them to just get me through and get me out of here.
The security supervisor followed the boyfriend outside, where he was waiting with Hudson, and started harassing him. He said that the boyfriend was ‘making trouble’ (by standing quietly outside after he’d given up on being able to protect my rights?) and kept after him about the dog being unnecessary in the hospital. The boyfriend eventually took Hudson home, because he didn’t have any other options, and returned for me. I think it was the first time in his furry little life that Hudson’s been left entirely alone, and to be honest I was worried he’d hurt himself trying to get back to me. He’s always had someone with him – his puppy-raiser, his kennel-mate, trainers, me.
So I was left completely alone. I was reliant on the nurses answering the call button (which took forever) for the most basic of things – needing to pee, needing the lights shut off and the door closed because of the migraine, wanting the damn monitor to stop beeping because it felt like someone was driving spikes into my head every time it beeped. Things that my boyfriend or my dog could have helped with. I had to wait for an HOUR at one point to get the call button answered, and the nurse walked in and pushed the ‘off’ switch without even asking me why I needed her, abandoning me with the fluorescent lights still on (my god are those things painful with a migraine) and the door open to all the noise of the ER including a woman yelling. I was in so much more pain than necessary from all these little things that could have been done for me if I hadn’t been trapped alone by their discriminatory policies. Bullshit they could do these things for me. Bullshit that I’d be okay without someone to help me. Bullshit bullshit bullshit.
I think my boyfriend being kept from me was retaliation for being ‘uppity’ and demanding my rights. Another claim to file.
They have the right to bar a dog with reason – if the dog presents a danger to others (actual, not theoretical) or if the dog is out of control and behaving inappropriately.
I spoke to the security today and was informed that what happened was against policy. However, as 4 people acting within their job capabilities denied me access, it’s still a violation for which they are liable. I plan to sue them. At the very least, they are liable for a $10,000 dollar fine. I also want training to EVERY employee mandated. I’m torn about whether I’d prefer a formal apology or money damages; the whole situation was egregious, I suffered more pain because of it, and damn is it ever upsetting to be discriminated against. I cried as I lay there, alone and in pain, and they need to pay for that.
At this point, as I see it, I have 3 choices: the first is to take my case to the Department of Justice, which is the federal branch that prosecutes ADA violations, the second is to take my case to a comparable state agency, and the third is to find a lawyer and prosecute the case myself. I’m inclined towards the third option because if I take it to a government agency, I have virtually no control over what happens and what is demanded as reparation on my behalf.
But believe me, no matter which path I end up taking, I WILL be prosecuting this. It was a horrific experience, and I do not want anyone else to go through it. With cases like this, the only way to get through to people is to hit them where they’ll feel it – the pocketbook. I hate that this is the only way to make people really learn lessons, but so be it.
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Good luck to you on suing them. What happened was unacceptable, especially after your service dog and boyfriend left.
Thanks! I suspect I will need it.
Go for the money. You can use it in so many ways. Starting with, finding an accessible flat. They must have such things where you are? The narrow row house with stairs is not a good choice given the problems you have.
And now, take many deep breaths and release the adrenaline rush and become calm. You can resume battle tomorrow.
Accessible housing is difficult to find and very expensive, for the most part. Part of living in a city that’s been around for a while, unfortunately.
We chose our current location for 3 reasons: it is big, it is not far from school (maybe 15 mins drive), and the price was right. We pay $1,000/mo for a 4 bedroom house, which is really not much, especially in a big city. The stairs are highly inconvenient, but to get a similar amount of space that is accessible, I suspect we’d pay between 3 and 4 times what we do now, which would be vastly out of our price range.
I’m…mostly calm now. Still angry, but no longer that burning fury that kept me awake when we got home after 4 on Sunday morning.
Good luck with your lawsuit. I hope which ever path you take you get the justice you deserve and they get the hurt they need to wake up to the injustice they inflicted upon you.
Good. Good. GOOD. Get ’em. I can understand the EMT acting up (because I’ve have nothing but bad experiences with them, and that was just with trying to get me to the hospital) but I can’t believe they wouldn’t let your service dog in. Every time I think I’ve heard it all….
Good luck with the lawsuit. And go with the money. Chances are an apology would just be something forced and they would find it easier to discriminate again if there was no financial loss to them.
Go for it! Good luck. They need to pay for violating your rights. I especially agree with mandatory training. Good for you.
Unacceptable. And horrible. I’m so sorry you went through that, and you should sue them and make sure they get the message that this is not okay. I hope you get monetary damages as well because you deserve compensation for being discriminated against. I don’t know you and I only stumbled across your blog through FWD, but you have my support 100%.
God, what a total nightmare. I’m so sorry. Can relate to so much — the migraine and the people not coming. The one time I was in the ER alone w/no friend or SD w/migraine. Awful. But not as bad as what u went thru by a mile. Sue their asses off. Good for you.
I came here for a totally different reason: Asking if you’re interested in SD carnival or blogswarm? Posted about it: http://aftergadget.wordpress.com/
Peace, and feel better,
Sharon
We have a SD carnival? Rock on! I’m totally game!
Here by way of FWD.
Go for them where it hurts — their pocketbook. They are more likely to actually remember not to do this crap in the future if they have to pay something for it vs. have their PR people issue an apology.
I am so, so sorry to hear about this. The way they treated you and your boyfriend is unconscionable. I imagined myself in an episode of “Primetime: What Would You Do” and if I had seen them yelling at your boyfriend after he left the ER, I would have yelled back.
I get migraines too, so bad that I vomit uncontrollably, and have spent many a night in the ER this way. Fortunately they are pretty good about shutting off the lights and closing the door for me. I can’t imagine going alone, though, as I’ve always had someone with me. (I really can’t drive during one due to the huge blind spot I get.)
I hope that your lawsuit goes well and you will keep us updated.
That’s so awful. I’m glad you’re suing. They absolutely should not take anyone’s service dog from them without a damn good reason.
Disgusting. Unacceptable. Please, please, please sue their asses off. I have my disability discrimination law class tonight co-taught by a professor who is the deputy chief for the disability rights section of the Office of Civil Rights in the Department of Justice (connections, I has them!), and I’m going to ask her about your specific situation and see what she thinks your best recourse would be.
Yes, yes, please, sue these people, because I’m so bloody sick of hearing that of COURSE these things don’t happen now that the ADA protects people! Good luck. ❤
Kali, email me. I talked to my profs and the one whom I mentioned said that you can contact her regarding possible remedies.
Sue them for $$$ it’s the only thing they understand. I have made a couple of Gov bodies here in Australia pay me $ compensation for discrimination (1 was a hospital) and it certainly changed their practices.
Apologies don’t work cos they really don’t mean it. Good luck mate!
That’s really awful. The staff definitely didn’t grasp the concept of a service dog. The dog’s rights or lack thereof weren’t even the point. I’m sorry you had to go through that and hope you’ll be able to come to a good settlement, at least get the policy fixed and staff retrained. If allergies are a concern, then they need to figure out how to make both work, not harm one of their patients while attempting to protect other hypothetical concerns.
Reminds me of some of the things I saw going down in August at the Providence Hospital ER here in DC. That’s not a well-run place. There was nearly a patient riot because of how slowly things were moving/how poorly the staff were handling the situation and several people ended up getting escorted out by security.
[…] This post was mentioned on Twitter by Laurie, Sharon59 and Sewicked, Lyndsay. Lyndsay said: This is a horrible story. What kind of ER denies a service dog entry? http://bit.ly/bDuWSW […]
My SD was drop kicked while in a down position by my side in a major chain hardware store while i was looking for plumbing supplies. The customer screamed “No Dogs” and came across the aisle and kicked him in the ribs/underbelly as hard as he could. I called for security and they proceeded to blow it off. I called 911 while i was there and had a unit sent out. I then had to go into District 20 and prove my dog was in fact a SD along w/my disability_which i did in order for them to proceed w/out bias, further hasseling.,etc. From there i demanded the person be prosacuted to the full extent of the law as it is my understanding that SD attacks by person fall under a greater penelty than simply animal abuse. So, ready for the Police Dept and detectives to proceed, they were happy to once all was cleared up. Guess what…the store refused, and is still refusing , to releease the video and any info they have on this person/customer !!! I am now suing them and will have their a** One would think that they would concede and release info but they have some sort of bug up their behind in corporate somewhere. Thank you Home Depot in Chicago, you will make me a pretty penny. Now as to my dog…the consequencees were long lasting. He is fearful at times, hypervigilant of folks walking around him, the vet bills (noted he was ok but badly bruised internally) He was damaged phycically (sic) and will now not be approached by anyone when we are working who i do not say it is ok. (Kids he is adoring of, adult humans: no.)He backs off as if i am to protect him…so i am the one now having to be hypervigalant as well.
To the fellow that abused my partner: I am coming for you, in law. To the store: My business isnt worth it but you are fighting an uphill batle.
The ignorance that surrounds these partners that enable each one of us to function just a wee bit better during our days is astounding.
I used to go thru my day at times upset w/the ignorance and questions. I now hand out cards that have all the laws printed on them and walk away. If they press it further then they are in for a fight. I do not have the patience to explain this stuff anylonger. Call the cops and haul me away but i will sue your butt to make my retirement.
Now lets hope American Airlines goes smooth over the holidays
Good luck to you and keep your resolve firm.
Give em Hell Harry
Oh my god. I am SO sorry to hear that happened to you and your partner! The things some people do, it astounds me. The level of anger and hate it takes to harm a dog like that…it’s astonishing in the worst of ways.
Go get ’em. In addition to prosecuting him criminally, file a civil case and go for money damages. I don’t know if your dog is a program dog or a self-trained dog, but I know that my dog is theoretically valued at about $25,000 due to the costs of his raising and training. Add to that his pain and suffering and your pain and suffering, and the fact that his performance from here on out will be altered by this attack, and the vet bills, and you should have a pretty good total of damages.
Best of luck, and please keep me updated on what happens! I can’t officially give you legal advice because I’m a law student, not a lawyer, but I’d be happy to do research and try to get an idea about what kind of claims you can make against him, if you like. Drop me an email.
Ky,
That is horrendous! I’m so sorry that happened to you and your poor dog! I am so glad you are suing the perpetrator and the store — the co-perpetrator, for not providing the tape. Amazing.
It is really sad and enraging that you have to go through all the work of suing them, but I hope you whomp them financially and criminally.
I feel lucky that my SDs and I have never gone through such a thing. There have once or twice been times when they got kicked or hit with a grocery cart but it was usually accidental or it was seemingly accidental (I once had my suspicions that it was not), but nothing that actually injured them or caused long-term effects.
To go through what you did is a travesty. My heart goes out to both of you.
Best of luck! My heart sank reading this.
I’m so sorry for all the misery you have. I wanted to comment as someone with POTS and also as the mother of a 16 year old dealing with severe dysautonomia symptoms. I am so sympathetic to you.
I just wanted to give you one thing to consider. If I had been brought into an emergency room that recently had a service dog in it, it would so exacerbate my symptoms (asthma, hypotension, anaphylaxis, etc.) that it would be a new emergency for me. So while they were wrong to refuse to find a solution to accommodate you, it’s not black and white about service dogs. I work in an institution where we frequently are visited by service dogs and their humans, and I am constantly confronted by that challenge — to respect and accommodate the rights and needs of those with the dogs and at the same time be able to physically withstand indoor proximity to something that is such an allergic trigger for me and others. It’s just not a simple thing is all I’m saying.
I wish you healing, comfort, and strength.
Here’s the thing – if they had someone in the ER whose condition would be affected by the dog, then they are in the right on not allowing the dog in. But if they didn’t have a patient like you, legally speaking there is not a specific harm that would be caused by allowing my dog into the ER, and in that case, I have a right to my service dog. To put it simply: they can’t ban service dogs because of the possibility of someone being harmed, they can only ban them if there is a real and present danger to someone in the ER.
It definitely isn’t a simple issue, I agree with you there. And if there had been a specific person who they were worried about harming, I would have been mildly annoyed by the circumstance but wouldn’t have a real issue with complying. As it was a general, ‘this COULD happen’, though, legally I had a right to my dog.