The Ellis County Sheriff has refused to enforce the Texas Human Code, Title 8 – Rights and responsibilities of persons with disabilities, Chapter 12; section 121.005, which stems from the American Disabilities Act of 1990, Title III.
These laws, federal and state, support the use of service animals making it illegal to prevent a handler of a service animal to enter or patronize any business that serves the public.
"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," according to Angela English of the U.S. Department of Justice (DOJ), Civil Rights Division.
Coy Seiver, general manager of Scarborough Renaissance Festival, has refused the Rev. David Shaheen the right to enter the faire, although he has bought a season "Friend of Faire" ticket, because he uses a service animal.
Seiver does not approve of the animal because it is not a dog. Seiver and four of his security people surrounded Rev. Shaheen in the public entrance of the faire threatening him and refusing future entrance to the festival. Rev.
Shaheen says he was so threatened he was afraid he or his animal would be beaten or worse.
According to the DOJ and the Texas Attorney General there is no official registry or certification required and there is no official or authoritative organization for such registry. There are several private commercial endeavors who claim to maintain a registry for a fee, one such individual is located in Midlothian.
The incident with Seiver has been reported to Sheriff Ray Stewart who has taken no action, although the state law above described states in section 121.004 the incident with Seiver is a misdemeanor crime punishable by a fine.
The ADA states under federal procedures that not only a large fine but imprisonment is possible.
A complaint has also been filed with the DOJ as well as the ACLU and the Texas Attorney General.
The Rev. Shaheen, a 72 year old retired engineer and school teacher, uses his animal as an alert animal to warn him of approaching medical problems which could cause fatal consequences.
Fr. David
St. John of Damascus ROC
Mission
Palmer
www.wb5gug.com
