Morning Reads 4/10/13

Good Morning. How ya’ll are?

Conflicting stories: Georgia women earn 81 cent for every dollar a Georgia man earns. On the brighter side of things, we lead the country in women-owned business growth.

I love a good sinkhole story. Hopefully this one in Bleckley doesn’t expand to the size of the infamous Tifton sinkhole from last year. Speaking of sinkholes, President Obama is supposed to release a budget today . . .

Final Four tournament brings in less money than City of Atlanta thought. Obviously this is because of the old stadium.

The baby-murder story out of Brunswick continues to get national attention. At this rate we’ll have Nancy Grace camped out in Brunswick for the trial.

NEWSFLASH: DDS has outages, no one really noticed because DDS service is already so bad.

Georgia is set to receive 17.2 million dollars for under performing schools. Taking the money may mean the schools have to replace their principal. Yes, please bring your overbearing federal control to my local school system.

There has to be a story here: two high ranking Georgia Dept. of Agriculture officials resign. Let’s play the guessing game: scandal, running for Congress, becoming masked vigilantes, or _____________________. What could be the reason?

Whoa. You kicked a disabled Vet out of your gun store because he had a service dog. A guy who became disabled in Afghanistan?

How can we grade schools?

I apologize for this being the music today, because now this song is going to be stuck in my head all day long.

40 comments

    • Ron Daniels says:

      The non-half-cocked opinion is that there was a better way for this situation to be handled and it wasn’t.

      Not sure that amounts to an ADA as amended violation or not. But having a security dog like that in a store is someone dangerous for any store owner–you never know when someone will come in with a service dog.

      The real story is that one or both of these dogs needed to be trained better.

      • bowersville says:

        The news article describes the Vet’s dog as a service dog. There are two types of dogs. One, a service dog for the handicapped. The other, an emotional support dog.

        In most states, emotional support dogs do not have special permission to go to all public places like service dogs do. But, emotional support dogs are sometimes allowed special consideration. For example, the owner may be able to get permission to have an emotional support pet in a house or apartment that does not normally allow dogs. Or, the owner may be able to get permission to fly on a plane together with the dog.

        http://www.ptsd.va.gov/public/pages/dogs_and_ptsd.asp

        So before we burn Andrew Clyde, was this a certified and trained service dog? Or an emotional support dog?

        • Ron Daniels says:

          Whoa. Let’s not burn anybody.

          I have no idea if the dog is certified or not, nor can I zoom in on the harness to determine such.

          Regardless of whether the dog is certified or not, there was a better way to handle this situation. That’s not the law, that’s common sense.

          • saltycracker says:

            Correct – common sense would be to take your business elsewhere if asked to take your disruptive dog and get out, uncommon sense would be to call an attorney, notify the press and look for righteous support…..

            • Ron Daniels says:

              I don’t think he has a very good ADA claim, but I don’t practice that area of the law.

              The store could have some trouble though if someone had a service dog to help them hear and between the security dog and the service dog a ruckus ensued.

      • Bloodhound says:

        Ron, you made a statement, “You kicked a disabled Vet out of your gun store because he had a service dog. ”

        That is a pretty matter of fact statement and that is why I made my initial post asking folks to dig a little deeper a excavate a little truth for themselves.

        I believe most would read your statement and envision a guy missing a limb or two, perhaps an eye, etc. that requires the dog to get around.

        When you watch the video you realize that the dog is basically a companion and a rear view mirror. I know that sounds callus but we have simply gone nuts.

        I thank this man and all our veterans for their sacrifice but this is not about that.

        • MattMD says:

          Wait, didn’t you say you watched the video?

          If pause the video at 1:49 there are patches, clear as day, which state: “Service Dog, Disabled Veteran” and “Working Dog: Do Not Pet”.

          It appears you can ask a disabled person to take a service dog outside but the business then has to make some type of accommodation to be in compliance with the ADA. I think that is what this is about.

          • Bloodhound says:

            I can put a sign on my back that reads “Ice Cold Coke” but if you stick a dollar in my pocket you ain’t getting anything but a dollar lighter.

            If this fellow’s intent was to make a purchase from Clyde Armory he could have found a way to do so. He could have visited the website, made his selection, called the store, spoken with the owner and told him he was coming in and of his situation with his dog and I’m certain he would have been accommodated.

            See, Clyde Armory has made accommodations so you can shop without making your dog leave the comfort of its kennel.

            • MattMD says:

              Whose to say the guy has an internet connection? Most people probably don’t call ahead if they have service animals because they don’t expect proprietors to get into some ‘stick-measuring’ contest with them over dogs.

              The federal government says disabled persons should have access similar to other paying customers. They don’t have to go through some silly, cumbersome, unequal process.

        • Ron Daniels says:

          Disabilities can mean anything. I suppose the story headline should be a bit more clear regarding that, but diabetes is a disability. We don’t get to pick and choose what afflictions strike each of us in life.

          • Ellynn says:

            Diabetes is not a disability, it is a disease that can cause or lead to a disability that may fall under the ADA guidlines of requiring special services or facilities.

            The ADA has a defined set of rules on what is and is not a service animal. It has guidlines if you can remove the animal and what other action the owner needs to take if they do.

            http://www.ada.gov/service_animals_2010.htm

            • Ron Daniels says:

              The ADA as amended may include diabetes as a disability without any subsequent complications. Similarly, obesity now may be a disability on its own. The door is wide open.

              • Ellynn says:

                The ADA does not state any named diseases; rather it includes medical conditions. Example, being blind is not a disease, it can be caused by many things. Diabetes is one of those things. Obesity is not a disablity. Having pulminary respitory issues that create heart related medical conditions if you walk over 1000 feet (caused by obesity) is a disablity.

                You can read Federal Register Vol. 75, No. 178; September 15, 2010 if you are interested.

                • Ron Daniels says:

                  EEOC v. Resources for Human Development (E.D. LA.2010) disagrees with that assertion.

                  There are arguments on both sides; I had this for a moot court problem last year.

  1. Noway says:

    Thanks, Bloodhound. May have been a reasonable action on part of the store owner. Glad to see that the vet has already called his worthless lawyer!

  2. bowersville says:

    Here’s more info on the gun store owner:

    Clyde grew up in Indiana, earned a degree in business from Bethel College and was commissioned as a naval officer in 1985 at Notre Dame. He spent 11 years as an active-duty military officer and has 24 years of active and reserve service. He taught at the U.S. Navy Supply Corps School in Athens in 1994 and moved here after leaving active duty in 1996. In 1999, Clyde earned his master’s degree from the University of Georgia Terry College of Business.
    As a U.S. Navy commander for the Seabees combat engineering group, he has had three tours of duty (2003, 2005 and 2008) in Iraq.
    http://onlineathens.com/stories/052310/bus_643122235.shtml

    Clyde had a doberman guard dog in his place of business. Apparently the service dog was interfering with the guard dog. (Or maybe the Doberman was attempting to EAT the service dog for lunch.)

  3. Noway says:

    Anyone care to comment on the MSNBC contributor who said yesterday and kids belong to everyone collectively? Good Lord. It takes a good set of parent/parents to raise their own kid, not a village.

  4. MattMD says:

    I agree with Ron, looks like this whole situation could have been handled better. It seems like the owner could have secured his guard dog momentarily and totally avoid this pissing contest that is going to do NOTHING but bring you bad publicity.

    • saltycracker says:

      Most of us running a business might have handled it differently, but it is his business to succeed or fail with.

      • Bloodhound says:

        I’ve got a funny feeling that as word of the way the liberal lawyer is attempting to railroad yet another gun shop owner, Clyde Armory’s business is going to increase, possibly dramatically.

        The climate is right for it.

        • Noway says:

          Bringing the lawyer in is making the vet look like a weenie! “I’m gonna tell the ADA police on you, Mr. Gun Store Owner.” Boo hoo….

          • Ellynn says:

            The ADA police would be the Civil Rights division of the Department of Justice. It’s not a crimal act, but the owner can be fined under civil law for preventing a man from exericing his 2nd Amendment by not following the requirements of the 14th Amendment.

    • Noway says:

      And maybe the vet could have taken HIS dog to the car while he completed whatever shopping he was going to do, provided, of course, it wasn’t a seeing eye dog.

  5. bowersville says:

    f. Have you ever been adjudicated mentally defective(which includes a determination by a court, board, commission, or other lawful authority that you are a danger to yourself or to others or are incompetent to manage your own affairs)
    OR have you ever been committed to a mental institution?
    (See Instructions for Question 11.f.

    http://www.atf.gov/files/forms/download/atf-f-4473-1.pdf

    From an ATF form for gun purchase. Does anyone know where a diagnosed case of PTSD falls on question 11.f ?

    • MattMD says:

      PTSD falls under the same scrutiny as many other mental conditions. As long as the person was not 10/13’d there is no problem regarding a weapons purchase. Even if you were to voluntarily commit yourself (which is not the case in most PTSD diagnoses) you still have your 2nd amendment rights as long as you are not deemed to be a threat to self or society. Of course I’ve heard that Sen. Feinstein would like to change all this.

      You can imagine the number of people who would forsake seeking any type of treatment if they thought they would then be considered mentally defective.

      • bowersville says:

        Thanks, I read a Feinstein piece on Daily Beast where Cornin wanted vets with PTSD exempted. The article didn’t explain well enough to me whether PTSD had been included in a prior gun bills or not. The other gun related blogs say one thing and then another.

    • Ellynn says:

      Under the instructions of the linked document, on Page 4, Exceptions to 11f, if it where a diagnosed by the VA it does not.

    • MattMD says:

      Not that anyone really cares but here is some random information regarding firearm purchases. The linked article reminded me that Frank Lautenberg added a provision for a ‘misdemeanor domestic violence offender’ gun ban.

      Basically, if one were to receive a conviction of misdemeanor violence you would be treated like a felon in that you could not purchase (posses?) any firearm. The kicker is that you would have to be the parent, spouse or guardian of the victim. Roommate altercations are covered under domestic violence nowadays but those convictions would not be subject to the ban. Neither would violence against your girl/boyfriend or your parents as the case may be. If you happen to be in some dispute and you even touch someone, that is simple assault.

      Anyway, it’s odd to me. I’m not condoning violence against children or women but I don’t think that should put you in a felon class with respect to guns. My dad use to give me whippings that left bruises on my calf’s, does that mean he was a domestic batterer? I think not.

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