The Federal Americans with Disabilities Act states that it is against the law to discriminate against a person based on disability. Under the same law, if that person uses a service animal, then a place of public accommodation - like a motel - cannot refuse service.
So when a Clarksville motel allegedly refused to allow a blind man to check in because of the man’s Seeing Eye dog, the man was upset.
His name is Michael Turner. He has been blind since a motorcycle accident in 1999.
The 37 year old now travels with his certified guide dog, Amberz.
“He guides me around and keeps me safe and secure,” Turner said.
According to a Clarksville police report, on August 10th, 2009, Turner stopped at the Microtel Inns-Suites in Clarksville with his wife and 3 year old son..
“I called in advance and said I am blind coming in with my Seeing Eye dog, and the woman says there are no dogs. I said I’m in the parking lot, I’ll be in in a moment to speak with you.”
Even though Amberz is obviously a service animal, Turner said motel management refused to rent him a room.
“I explained calmly and softly it is against the law to do this you are violating my civil rights. This is a Seeing Eye dog, I am blind.”
Turner says the clerk called police. He waited and explained his position to law officers.
“Were you obnoxious?” Andy asked.
“No sir.”
“What happened when the cops came?”
“I wanted an incident report. I felt my rights were violated. Not only my federal rights, but also my rights as a Tennessee citizen,” Turner said.“I felt like Betsy Smith, in the 1950’s trying to sit in the front seat of a bus, and told to go in the back!!”
“So you told the clerk the law?” Andy asked.
“Yes. I explained, calmly and softly, it is against the law for you to do this. You are violating my civil rights. This is a Seeing Eye dog. I am blind, I let her know I am blind and I need this animal to travel with, and it is against the law for you to refuse me, entry into the hotel. She became facetious and obnoxious. She said the owner said, no matter what kind of dog it was, no dogs are not allowed. I repeated the law again.”
Turner says the police filled out a police incident report, and he went to the court and swore out a warrant against the motel clerk the next day.
“Did this bother you?” Andy asked.
“Yes, very much. I never felt the impact of my blindness for ten years. I am persevering and going to college, and now I question my blindness: am I not equal to everyone else?”
That’s Messed Up went to the motel and asked to speak with the owner. While waiting at the front desk, Andy saw a sign that clearly indicates no pets are allowed.
Nick Patel, the General Manager, is listed in the Clarksville Police report.
Andy explained Turner’s story to him, “A man I interviewed, Michael Turner, is blind. He claims he was refused service here, and you wouldn’t let him stay here with his seeing eye dog, which is a service animal. Now there is a court case, so he asked me to get your side of the story. He feels you did him wrong.”
“You have to talk to the owner,” Patel said.
“Well go get him,” Andy responded.
After a few minutes, Nick Patel returned and stated that the owner has no comment.
A day later That’s Messed Up called the motel and again asked the owner to respond to the story. We did not get a call back.
“This is not right. This is America. No matter your disability, your creed, your ethnic race you cannot discriminate and this needs to stop,” Turner told us.
According to the Montgomery County D.A.’s office, the case from this past summer is still in the court system and is scheduled to be presented to the Grand Jury in March.
The charge is “guide dogs to be admitted.” If found guilty, it’s a class C misdemeanor.
Mr. Turner tells Messed Up he just filed a complaint with the U.S. Department of Justice in Washington, D.C.
When notified of the law suit, Kenton Dickerson with the Independent Living Center of Middle Tennessee responded,
“The Americans with Disabilities Act recognizes that service animals such as Seeing Eye dogs are not pets. They are highly trained animals that enable their owners to be independent. Because of this, the law says that public accommodations such as restaurants, hotels, etc. cannot ban them.”
Here’s a nice Messed Up Update to a story we brought to you last September of dog bite victim in Wilson County. Nancy Andrews was training for the upcoming Cedars of Lebanon Triathlon when a pit bull attacked her. She’s had her day in court and says “perseverence pays off.”
Just a note to let you know that perseverance does pay off. Had my final court date today. The dog owner has paid all my out of pocket expenses through the criminal court in restitution. He has also provided certification of vaccination status on the dog, which is still alive and kicking. It’s been a long road, but staying the course was definitely worth it.
If you see those dogs continuing to run loose on Posey Hill road, PLEASE call animal control to report them. I hope this owner has learned his lesson.
On another note, there is a workgroup meeting on Tuesday evening, Feb 9, at the county courthouse in the county commission conference room 2. The purpose of this group is to write a proposal for implementing a system to quarantine dogs that bite. This resolution will be going before the full commission, but I’m not sure when. Will know more after Tuesday. The meeting is at 5:30 if you are interested in attending. I am going to be making a statement during the comment phase. This is a first step toward overhauling the county animal control program.
We are going to get this fixed!!! Good things are happening - we just need to hang in there and stay strong!
Nancy Andrews
Maury County lawmen have a “who done it” on their hands.
Who spent hours New Year’s Night, cutting over a 1,000 wires, and removing 41 sections of fence, allowing 22 cows to escape onto Theta Pike?
Melvin Potts has lived on the bucolic 60-acre spread for most of his life.
With temperatures well below freezing, the 67 year old is notified January 2nd that his cows are everywhere on the steep and windy road.
Potts summons friends and family who spend the next 2 days repairing the fence and herding the cows back into a pen.
Potts jokingly tells me that this is a hate crime; someone who hates fences and hates cows.
“Saturday morning my neighbor came to me and said my cows was out. My first reaction was a tree blew down across the fence. Or someone ran through my fence. I got my tractor and feed for the calves, and noticed the fence all cut. I thought I had better neighbors than this, but evidently I don’t. It took a lot of time. It took a lot of energy especially as cold as it was and it was I the 20’s.”
Maury County Detective Jerry Williams isn’t laughing. The grizzled investigator has worked countless cases, but none like this, which obviously required a great deal of time.
“I never seen this many cuts. I have seen cars go through a fence, but never something like this.”
Sheriff officials say they need the public’s help finding out who did this.
The only real clues are the timing of the vandalism. Officials say it happened either late New Year’s night, or early in the morning of January 2nd. It happened on Theta Pike not far from Race Legend, Sterling Marlin’s farm.
To help expedite that informational flow, Potts tell me he plans to offer a “substantial reward” for information that leads to an arrest of the vandal.
If you have any information contact the Maury County Sheriff’s Department at 931-380-5725.
Metro Police arrest an Antioch man charging him with five counts of cruelty to animals.
Animal Control authorities say the dogs were injured and covered with blood.
It happens Monday, November 2nd.
According to police affidavits; Metro Police and animal control raid the home of Miodrag Zimonjic after his wife reportedly calls 911
According to arrest reports: The 38 year old was “very intoxicated” and in the back yard, allegedly fighting two of his pit bulls.
Animal Control Supervisor Billy Biggs was on the raid. He says there was so much blood; it looked like a murder scene.
A few days later I see one of the dogs involved. His eye is badly injured, covered with a medicated ointment.
The dog seems very calm and many of the shelter staff kiss the dog’s face.
Biggs is disgusted by the entire event. He says that dog fighting is a much bigger problem in Davidson County than people realize.
He shows me an undercover video put out by the Humane Society of the United States, which estimates more than 100,000 Americans participate in the illegal blood sport.
We go back to the Zimonjic home. Nobody answers. In the back we find several dog houses, and heavy chains, but no animals.
Biggs says laws are changing regarding animal fighting. So are rewards for information that leads to convictions. A poster promising 5,000 dollars hangs on the door leading into the quarantine area of the shelter.
Biggs tells us that the dogs will recover and be kept safely till the case can be adjudicated.
Then, in what could be the cruelest twist of fate, perfectly healthy and seemingly friendly animals will be destroyed. Biggs says there are few options because the dogs have shown a propensity to fight and are not suitable for adoption.
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Today’s Messed Up Email of the Day comes from a viewer who was happy with our report on dogs allowed to roam freely through the neighborhoods of Wilson County.
Dear Mr. Cordan,
I just saw your That’s Messed Up - Update and listened intently to the story of the lady in Wilson County bitten by the pit bull and the dog was allowed to stay home while they watch for rabies. I was unable to attend the County Commission meeting due to my work schedule, but was glad to see that you reported on this meeting so quickly. I, and many of my neighbors, share this lady’s frustration with the lack of action concerning loose dogs in this county. It is unbelievable.
Upon moving to my current home last November, I began walking my dogs in my neighborhood as well as the adjoining neighborhood. My dogs and I were attacked three separate times by the same “pack” each time we walked on their street. I called Wilson County Animal Control at least 10 times. The first time I called, the lady knew one of the dogs that had attacked us, had even picked up the dog previously, and stated that Animal Control had received numerous complaints about these dogs. She sent the three owners that I identified a copy of the Tennessee Leash Law. My dogs and I were attacked again and I have not walked my dogs on that street since. Animal Control stated that when they are “out in this area” they drive down that particular street and the dogs are always in their yards, therefore, there is nothing they can do. One of my neighbors was pushing his daughter in their stroller and the dogs came into the street at him. I even tried to stop these dogs from attacking and killing my neighbors cat one morning, but was unable to get there in time. They chased my cat and tried to attack him, but I was able to intervene. The dogs roam the neighborhood at will; the owners do nothing to keep them home. I have called the mayor, Mr. Dedman, and complained. No help. I went to the Sheriff’s Department, filed a complaint, and then went to see a Judicial Commissioner. The commissioner explained that I would have to file charges, the owners would be arrested and brought to court. However, as I live alone, I feared repercussion against my dogs or myself, if I pressed charges against the three owners. So I dropped it. Many neighbors carry sticks or pepper spray when walking in the neighborhood.
Thank you for reporting on this story. Please keep attention focused on Wilson County Commission, the County Mayor, and Animal Control, and maybe we can change this situation before it goes beyond killing cats to harming a child or an adult.
Best Regards,
Bobbi Bragg
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