Author Topic: Some useful information  (Read 1055 times)

0 Members and 2 Guests are viewing this topic.

Offline yooperbug

  • New Member
  • *
  • Posts: 42
  • Mood: Okay
  • SD interest: curious
Re: Some useful information
« Reply #15 on: May 31, 2008, 09:00:24 PM »
Hmmmm if my brother can scan it for me I'll have to try that. Thanks for the suggestion.

Offline Kirsten

  • Administrator
  • *****
  • Posts: 21882
  • Kirsten and Cole
  • Location: Missouri, USA
  • Mood: Okay
  • SD interest: owner
Re: Some useful information
« Reply #16 on: June 01, 2008, 02:43:43 PM »
As of 2007 publication, 750.502c and 287.291 had not been changed since 1984.  Each of these statutes specifically excludes both psychiatric service dogs and emotional support animals by defining a service dog as one that assists only a person with a visual, auditory, or physical disability.

I did a search of bills in the 2007-8 calendar year and found one that talked about allowing dogs at outdoor seating areas, but I do not believe this one has yet passed.  I found no bill about public access with emotional support animals.

If we're going to post it on this site, it needs to be from an authority that trumps Michigan state laws.  A letter from the health department isn't going to do that unless they specifically reference a law I haven't been able to find but can look up.  Why?  Because on many occasions I have found health departments to be incorrect on their interpretation of laws, and because their opinion holds no weight in court.

So it either needs to be a statute that is published on the official Michigan state code site, or a letter from the attorney general's office.  I would also accept a letter from a currently seated legislator, on letterhead, of course.

I'm being a stickler because mis-information abounds on the internet and elsewhere.  What would be the result if someone read on this site that they had a certain right, and relying upon that information went into a public accommodation with an ESA and were sued, arrested, or something else?

I avoid giving legal advice by posting links to authoritative sources, such as each state's own official site for their statutes.  If I give legal advice, or permit the site registered to me to publish legal advice, and especially if it turns out to be inaccurate, *I* can get sued.  If you want to link to it somewhere else and discuss it here, that's fine (I will naturally post a disclaimer that it has not been verified with the AG's office and should be before anyone acts on it).

Don't get me wrong:  I LOVE getting new information.  If the law really has changed I absolutely want to show the latest, most accurate information on this site, and will post it prominently in the MI area as well as here on the forum.  I just have to cover my butt and be able to show I had good reason for believing the information to be true.  If on one area of the site I show current laws from MI saying ESAs aren't allowed, and on another area I allow publication of a document saying they are, then I'm hung.  I can't say I didn't know about the statutes, because I've already published them.

If we do get something from the AG's office, you can email a copy or send a copy by regular post to me privately and I'll make sure your personal information is obscured before it is uploaded to the site, as well as scan it if needed.

I really do hate to be a wet blanket.  I just have to be very very careful.
Kirsten
with Cole, Luna, and Ruby

 "I come from a country that raises corn, cotton, cockleburs, and Democrats. I'm from Missouri, and you've got to show me." --Missouri Congressman Willard D. Vandiver, 1899

 


Information at this site is provided solely for the user's information and, while thought to be accurate, is provided strictly "as is" and without warranty of any kind. Service Dog Central, its agents, affiliates, employees or contractors will not be liable to you for any damages, direct or indirect, or lost profits arising out of your use of information provided at this site, or information provided at any other site that can be accessed from this site.

Service Dog Central provides information on laws and legal topics and is designed for informational purposes only. You must understand that this site does not provide legal advice and is not intended as a substitute for legal advice from a qualified attorney. If you need legal advice, or if you need someone to tell you how the law applies to your particular case, you should seek advice from a qualified attorney.
cesarmillan