Violation of NC 14-163.1 and NC 168-4.2

[RCEMS629]

What is the name of your state (only U.S. law)? NC

Violation of NC 14-163.1 and NC 168-4.2 Before coming into NC for a Dr. appointment I researched NC Service Animal Laws due to having unique Service Animals which are normally not seen by the public when I am out in public with them. Yes there are 2 of them on me hidden from public view 90% of the time no one knows I have them. They alert me to oncoming anxiety attacks, which are so severe they break my concentration, give me shortness of breath, sweating and chest tightening, render me unable to function normally during each episode. Being a guy out in public having an anxiety episode is very embarrassing to me, so much so that I seldom venture out in public. My service animals are being refused access into a medical facility in Charlotte NC. The DHH / DVRS is refusing to issue me “NORTH CAROLINA SERVICE ANIMAL PERMANENT REGISTRATION” required by NC 168-4.2 based on the fact that I am a South Carolina Resident Only, so I have been told in email correspondence with them. When the Medical Facility violated NC 14-163.1 I attempted to report them to the local Police who asked if I had NC Registration required by 168-4.2 no report was taken. I am disabled and on Social Security Disability income only.

[Zigner]

Originally Posted by RCEMS629

What is the name of your state (only U.S. law)? NC

Violation of NC 14-163.1 and NC 168-4.2 Before coming into NC for a Dr. appointment I researched NC Service Animal Laws due to having unique Service Animals which are normally not seen by the public when I am out in public with them. Yes there are 2 of them on me hidden from public view 90% of the time no one knows I have them. They alert me to oncoming anxiety attacks, which are so severe they break my concentration, give me shortness of breath, sweating and chest tightening, render me unable to function normally during each episode. Being a guy out in public having an anxiety episode is very embarrassing to me, so much so that I seldom venture out in public. My service animals are being refused access into a medical facility in Charlotte NC. The DHH / DVRS is refusing to issue me “NORTH CAROLINA SERVICE ANIMAL PERMANENT REGISTRATION” required by NC 168-4.2 based on the fact that I am a South Carolina Resident Only, so I have been told in email correspondence with them. When the Medical Facility violated NC 14-163.1 I attempted to report them to the local Police who asked if I had NC Registration required by 168-4.2 no report was taken.

Excellent story - please let us know how it turns out.

[RCEMS629]

I am hoping to find a Charlotte NC Lawyer who may review and take my case to court both criminally and civil being on Social Security Disability I need to find someone willing to work on contingency basis. I use to be a Private Investigator and I have lots of evidence to go along with and share with someone willing to work with me on this.

[Zigner]

http://attorneypages.com/

[RCEMS629]

They suggested I come here after posting there.

[TheGeekess]

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. Guide 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.

[url=http://www.ada.gov/qasrvc.htm]Commonly Asked Questions About Service Animals in Places of Business[/url]

Service animals are animals that are individually trained to perform tasks for people with disabilities such as guiding people who are blind, alerting people who are deaf, pulling wheelchairs, alerting and protecting a person who is having a seizure, or performing other special tasks. Service animals are working animals, not pets.

Under the Americans with Disabilities Act (ADA), businesses and organizations that serve the public must allow people with disabilities to bring their service animals into all areas of the facility where customers are normally allowed to go. This federal law applies to all businesses open to the public, including restaurants, hotels, taxis and shuttles, grocery and department stores, hospitals and medical offices, theaters, health clubs, parks, and zoos.

[url=http://www.ada.gov/svcanimb.htm]ADA Business Brief: Service Animals[/url]

Federal law trumps state law on this one.

[Zigner]

Originally Posted by RCEMS629

They suggested I come here after posting there.

That I don't believe...

[RCEMS629]

Your Post-Your-Case to AttorneyPages.com‏
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My Real Name was removed,

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[RCEMS629]

Originally Posted by TheGeekess

[url=http://www.ada.gov/qasrvc.htm]Commonly Asked Questions About Service Animals in Places of Business[/url]


[url=http://www.ada.gov/svcanimb.htm]ADA Business Brief: Service Animals[/url]

Federal law trumps state law on this one.

Yes all that is true and I am very well aware of Federal ADA Laws. Not only did I use to be a Private Investigator, but I am still a certified EMT. I can no longer lift people for a living, due to my current hernia, (which is #5 now) I am seeking to get repaired in Charlotte. All this mess with both the medical facility who is refusing me access with my service animals during my planned two week long hospital stay there. Due to needing reconstructive surgery, now needed because of the recall they have on the Bard mesh material I have in me, which has failed. (there is a class action law suit on that too) And the NC DHH / DVRS stating to me that because I am a SC resident, they will not issue me the NC Registration because they claim it is only issued to NC Residence Only.

All of this is delaying my badly needed surgery it would be much faster for me to start to go after things on the State Level criminally and then civil because by the time the Federal Government got around to even looking over my case it would be about a year or two down the road. I need this surgery now, not two years from now. I even copied and pasted their own Law to them, for them to review. I got this nice email from one of their officials there.

RE: My Service Animal's and a Reasonable Accommodation Request‏.‏
From: ***
Sent: Tue 6/09/09 3:02 PM
To: rcems629

Mr. ***,



I have reviewed your documents as well as conferred with Mr. *** ***, Esq. who informed me that he spoke to you previously on this issue. To reiterate the guidance Mr. *** has given to both of us;



1) You do have a right to a trained animal and have the obligation to provide documents of the training to the hospital

2) The animal must be under your care and not have the potential to cause harm to others – of course that is addressed by the training issue. While in surgery, you must have a person care for the animal which is not the responsibility of the hospital staff.

3) NC has the right to establish laws and procedures in compliance with the ADA. The “permanent” tag given by the Department of Health and Human Resources are intended for NC residents.



We hope we have provided you the guidance you need and that your surgery is successful. Good luck!



***