We’re back with another riveting newsletter for the second week of October. This time, CertaPet takes you to Vermont, where the Superior Court Vermont (Civil Division) is hearing an ADA complaint.
Brattleboro Resident Served A No-Trespass Order By A Local Cafe Due to ‘Unruly’ Service Dog
Rikki Risatti (resident and town meeting rep. of Brattleboro) was recently kicked out of a local cafe along with their Service Animal, None. Risatti identifies as non-binary and prefers using they-them pronouns.
According to Michael Wegner (district manager of the Works Café), he approached Risatti because their dog was “…observed roaming the restaurant unleashed and creating a public nuisance and potentially disturbing other patrons of the café.” Wegner also stated that Risatti had a history of entering the cafe with her ‘unruly’ Service Dog and that they’d been told to control the animal numerous times in his answer to Risatti’s complaint in Vermont Superior Court, Civil Division.
He further commented that None would annoy other customers at the cafe and sniff shelved food, causing the business financial loss. The manager explained he’d asked Risatti to leash None on several occasions, but they’d refused to do so.
Wegner claimed he eventually reported Risatti to the Brattleboro Police Dept. and requested a no-trespass order. The order was then delivered to Risatti by Officer Michael Cable.
Risatti, on the other hand, accused Officer Cable and Wegner of “off-leash Service Dog, ADA rights discrimination.” Risatti shared documents attesting to their need for None’s off-leash training. They also shared None’s positive history of obedience in public settings.
Risatti says they feel overwhelmed by having to defend themselves from harassment daily because people assume they’re criminally neglectful of None. This is typically because people assume carelessness on their part due to the absence of a leash.
In answer to Risatti’s complaint, Wegner expressed that Risatti hadn’t informed him that a leash would interfere with the Service Dog’s work. Nonetheless, he and Bob Fisher (attorney for the town) argue that Risatti’s complaint should be dismissed as a civil court isn’t the proper venue for an ADA complaint.
It’s unclear how the matter will proceed now that the complaint is before the court and both parties are arguing their sides. However, Risatti has openly claimed they’re not looking to punish anyone. Instead, they’re more concerned with having businesses train their employees about how to interact with Service Animals.
While Wegner has stated in writing that Risatti is welcome to visit the cafe with None on a leash at all times, Risatti maintains that their Service Animal has been working off-leash for four years without incident. They said that None has ever done anything that caused them to receive a no-trespass order.
Source: BrattleboroReformer
CertaPet’s Thoughts on This Week’s News
This isn’t the first time we’ve covered a business asking a Service Animal handler to leave their premises based on their canine’s behavior. However, this case is unique because Risatti has provided evidence of their dog’s history of positive behavior in public spaces.
Then there’s the fact that the cafe manager is arguing the complaint be dismissed not on the case’s merits but that a federal court should hear an ADA complaint. We’re hoping the Superior Court can resolve the matter gracefully for Rikki Risatti and the other parties involved.
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