By LESLIE EIKLEBERRY
Salina Post
Valerie Linenberger believes that no one should experience what her daughter, Morgan, experienced recently.
Morgan, 22, and her service dog, Tikiu, went to the Salina Public Library Sept. 17 so that Morgan could get some books. She and Tikiu left a short while later, forced out by a security guard who she noted did not have an accurate grasp of federal law concerning persons with disabilities and who so upset her that she began to cry as soon as she and Tikiu walked out the door. Because she was so shaken by the incident, Morgan, who is autistic, wrote out her comments rather than provide verbal responses to an interview with Salina Post.
"We walked into the library, no issues. But unbeknownst to me, a security guard had swooped in to follow me," Morgan wrote in her comments to Salina Post. "I was looking through the aisles for the books I had wanted, and he speed walked right in front of me. Tikiu did accidently hop up, seeing it as a greeting, but with a small correction, he settled back into a heel at my side."
At that point, the security guard asked Morgan whether Tikiu was an ADA-certified service dog. ADA refers to federal the Americans with Disabilities Act.
"And I tell him that yes, he is. And that there's no such thing as 'ADA-certified,' but that yes indeed he meets the federal requirements for a service dog as laid out by the ADA," Morgan wrote.
"He gets a bit snippy with me and says 'ADA certified service dogs don't jump,'" she continued. "I explained that that's true, but he's in training, was corrected for it, and he did not do it again."
Morgan and the security guard went back and forth concerning ADA and service dogs.
"I tell him Tikiu's tasks and that there's only two questions a business is allowed to ask, and he said, 'Well, to be ADA certified, we can ask more," Morgan wrote.
In fact, according to the Service Animals section of the ADA requirements, only limited inquiries are allowed.
"Staff may ask two questions: (1) is the dog a service animal required because of a disability, and (2) what work or task has the dog been trained to perform. Staff cannot ask about the person’s disability, require medical documentation, require a special identification card or training documentation for the dog, or ask that the dog demonstrate its ability to perform the work or task," the ADA Service Animals section notes.
Morgan continued, "At one point he said, 'You look nervous.' And I didn't have it in me to say 'I'm autistic, I stutter, and I wasn't prepared to be denied access going into a library, which is government funded and should be following federal law.' But I couldn't. I said that I haven't been in this situation before. Because truly, I haven't. I've been asked the two questions before (which I appreciate) but I do not appreciate someone misinformed about the laws trying to insist that I am wrong."
Morgan then asked whether there was a library official she could contact.
"I told him, 'I understand that you've been told that things are one way, and you're doing what you're told, but what you've been told is not correct,'" Morgan wrote.
The guard left for a moment and returned with contact cards for the person in charge of library security and the library director. After accepting the cards, Morgan and Tikiu left the library.
"Some may say that I should have stood my ground and refused to leave. But I wasn't in the mood for more arguing. So, I told Tikiu to go forward, and he settled into a gentle, yet reassuring walk, and we left," she wrote.
"Once we went through the doors, the tears started to flow. I just wanted to enjoy the library like everyone else. I've been working like hell over the past year to be part of everyday life, just like everyone else gets to be. I just need Tikiu's help to do it. We are inseparable."
A discussion with the library director
Valerie Linenberger said that on Monday she "had a nice discussion" with Salina Public Library Director Melanie Hedgespeth, who assured her that Morgan and Tikiu were welcome in the library. She also talked with the library's security manager. Valarie said she garnered from the discussion that security personnel have been confronting all patrons with service dogs.
"I understand from Melanie they have had problems with people bringing pets into the library. I can appreciate trying to protect the environment for all patrons, however, profiling and confronting all disabled people with animals is illegal in addition to being morally wrong," Valerie told Salina Post.
When asked to comment on the incident, Hedgespeth responded, "The Library serves an important role in our community to help connect everyone with needed resources. We value serving our diverse community, and everyone is welcome at the Library. We regularly review the Library’s policies, procedures, and training to ensure compliance with the applicable laws, and we are reviewing Ms. Linenberger’s concerns to determine if additional training is needed."
Hedgespeth also provided a copy of the library's policy concerning patrons with service animals. The policy is as follows.
PATRON-005: SERVICE ANIMALS
Service animals are welcome on library property.
● Service animals are individually trained to do work or perform tasks for persons with disabilities.
● The work or tasks performed by a service animal must be directly related to the individual’s disability.
● Service animals must be on a leash or harness at all times, unless the use of a leash or harness interferes with the animal’s effective performance of its task.
● Service animals are limited to the animals defined under the ADA and does not include any other species of animals, wild or domestic, trained or untrained.
● The service animal’s handler is responsible for any damage to Library or personal property and any injuries to individuals caused by the service animal. Anyone using a service animal on Library property will hold the Library harmless and indemnify the Library from any such damages.
● Animals relied upon for crime deterrence or companionship are not service animals.
● Comfort or emotional support animals are not service animals and cannot be on Library property.
● No pets are permitted on Library property.
Library staff has the right to ask the animal’s handler:
● Is the animal required because of a disability?
● What work or task has the animal been trained to perform?
The Library retains discretion to exclude or remove a service animal from Library property if:
● The service animal is out of control and/or the service animal’s handler does not effectively control the service animal’s behavior.
● The service animal is not housebroken or creates an unsanitary condition.
● The service animal poses a direct threat to the health or safety of others that cannot be eliminated by reasonable modifications.
● Permitting the service animal would fundamentally alter the nature of the service, program or activity.
Animals invited for special library sponsored programs are allowed on Library property.
A need to feel welcome
Valerie said she and her daughter want to be instruments of change.
"We are more interested in rectifying the library's policies and procedures as opposed to filing a discrimination lawsuit with the DOJ. Disabled people need to feel welcomed and not targeted by any government office or business in Salina, Kansas," she noted.
Meanwhile, Morgan continues to deal with fallout from the incident.
"It hurts more than anything else to essentially be told, 'You're not allowed here,' by made-up rules that hold no weight federally. I have just been getting to a point where I go out more into the rest of the world, only to be shoved back inside of my box that I've been trying to escape my whole life," Morgan wrote.
"Because she's autistic, she has been ruminating over this whole situation, causing fears about going into other government offices and buildings. It doesn't make sense to neuro typical people, but it makes perfect sense to non-neuro typical people. Her whole life she's been excluded from activities, social gatherings, and now a government agency because of her special needs," Valerie told Salina Post.
"We have been working for years to get her to this current level of independence, and Saturday was a huge setback," Valerie continued. "I'm looking forward to hearing the change in policies and procedures to be more welcoming to disabled people in our community. Lest we forget, there are many more unseen disabilities than seen ones, and people with medical devices and service animals shouldn't be made to feel lesser by their reliance on these tools."