Posted on August 1, 2010 by Colleen Lynn

Department of Justice Axes Monkeys, Other Creatures From Service Animals

A variety of animals no longer accepted as service animals.

DOJ Issues FAQ - July 2015
UPDATE 07/20/15: On July 20, 2015, the Department of Justice issued an FAQ about service animals and the ADA. To our dismay, the DOJ essentially ignored the massive amount of press that has accumulated since 2010 regarding service dog fraud and failed to take any action against the online sellers of fake service dog identification. Moreover, to the delight of the many abusing the ADA, the DOJ clarified that individuals with disabilities may use more than one service dog.

Enjoy a future bus or subway ride with two fake service pit bulls in the seat behind you!

07/23/10: ADA Revisions Signed
Washington D.C. - On July 23, 2010, Attorney General Eric Holder signed the final regulations revising the Department’s American with Disabilities Act (ADA). These revisions began during the Bush administration. Persons who continue to insist that a monkey, iguana or other creature is a "service animal" may only do so for about another year-and-a-half. Under the revised rules, a service animal only applies to dogs and qualifying miniature horses (See: Section (i) of § 35.136).

Definition of a Service Animal

§ 35.104 Definitions
"Service animal means any dog that is individually trained to do work or perform tasks for the benefit of an individual with a disability, including a physical, sensory, psychiatric, intellectual, or other mental disability. Other species of animals, whether wild or domestic, trained or untrained, are not service animals for the purposes of this definition."
--snip--

"The crime deterrent effects of an animal's presence and the provision of emotional support, well-being, comfort, or companionship do not constitute work or tasks for the purposes of this definition."

The failure of the new ADA revisions is that no certified training or licensing (documentation) for a service dog is required. Despite this, and/or in light of this, non-government funded websites, such as, Bring Your Dog Anywhere and the National Service Animal Registry exist to provide such documentation for a fee.1 In true Internet "shopping cart" style, via a few mouse clicks and a payment, a dog owner can register his pet as a service dog and receive an identification kit.

"Skirters" of the Law Benefit

The lack of certified training or licensing will continue to cause confusion amongst public and private entities regarding, "What is an authentic service animal?" As recently demonstrated by pet iguana owner Wayne Short, who registered his iguana with the National Service Animal Registry after authorities banned the animal, city officials are confused. The revised ADA regulations will at least clarify that iguanas cannot be service animals. But what about dogs who supposedly qualify?

Removal of a Service Animal

While it is possible for the owner of any dog to call it's pet a service animal due to the lack of requiring certified training and licensing, there are some exclusion factors. Exceptions (1) and (2) will eventually snag non-legitimate service animal owners. Our concern at DogsBite.org is the "confusion loophole" left in the revised ADA regulations and that owners of pit bulls and other potentially dangerous dogs will take advantage of it by flashing an ID card purchased online.2

§ 35.136 Service Animals
(a) General. Generally, a public entity shall modify its policies, practices, or procedures to permit the use of a service animal by an individual with a disability.
(b) Exceptions. A public entity may ask an individual with a disability to remove a service animal from the premises if:

(1) The animal is out of control and the animal's handler does not take effective action to control it; or

(2) The animal is not housebroken.
--snip--

(f) Inquiries. A public entity shall not ask about the nature or extent of a person's disability, but may make two inquiries to determine whether an animal qualifies as a service animal. A public entity may ask if the animal is required because of a disability and what work or task the animal has been trained to perform. A public entity shall not require documentation, such as proof that the animal has been certified, trained, or licensed as a service animal. Generally, a public entity may not make these inquiries about a service animal when it is readily apparent that an animal is trained to do work or perform tasks for an individual with a disability (e.g., the dog is observed guiding an individual who is blind or has low vision, pulling a person's wheelchair, or providing assistance with stability or balance to an individual with an observable mobility disability)."

1The cost of a service animal identification package at BringYourDogAnywhere.com is $365. The cost at the National Service Animal Registry is $64.95.
2In August 2009, Isaiah Kalebu, showed up in a King County courtroom with his pit bull service animal. Officials allowed the dog because they believed they had to under the ADA.

Posted on July 31, 2010 by Colleen Lynn

Mother of Child Killed by Dog Sentenced to Probation by Judge

Valerie Grace Carlson, 30-years old, sentenced after the mauling death of her son.

Mother Sentenced archived
UPDATE 09/29/11: The mother of a 2-year old boy mauled to death by a dog while she was in a "drunken stupor" in her Tierrasanta home was sentenced to 5-years probation. Valerie Grace Carlson, 30, was also ordered by Judge Laura Halgren to complete a one-year jail term. Since her arrest back in April, combined with good behavior credits, she has already spent the equivalent of 313 days behind bars, leaving her with only a month more to of jail time to serve, reports 10 News.

Judge Halgren said that if she fails to complete probation, Carlson will be imprisoned for eight years for her "inexcusable conduct" on July 31, 2010. In June, Calson -- who has three other children -- pleaded guilty to four counts of child endangerment. One of those counts was in connection to the mauling death of her son, 2-year old Aaron Carlson. While the mother was drunk on a couch downstairs, Aaron was left alone to deal the dog that was "hyper" around children.

04/28/11: Mother Arrested archived
In an unusual development, authorities have arrested Valerie Carlson, 29, the mother of a toddler who was mauled to death by the family dog last July. At the time of the attack, the family had been living in Tierrasanta, a military housing area. The mother had been asleep on a couch downstairs, when the dog attacked Aaron Carlson in front of his three siblings upstairs. Carlson is facing five felony counts of cruelty to a child with possible injury or death and a prison sentence of 19 years.

San Diego police Detective Cindy Brady wrote in the declaration that the left side of the boy's face had been torn off and he had no skin in the middle of his face. The child's nose and cartilage were gone, the detective wrote.

The victim's three siblings were in the home at the time and their father was away on deployment, according to the detective.

According to the declaration, Valerie Carlson told detectives she had a friend visit her home the night before and drank four to five Jim Beam bourbon and Coke drinks, starting about 9:30 p.m.

Carlson said she normally put the dog, a German shepherd named Zeus, in a crate at night, but on that night didn't feel like it, according to the declaration. - CBS 8, May 5, 2011

08/01/10: Death Ruled an Accident archived
The San Diego County Medical Examiner's Office ruled the death of Aaron Carlson an accident. Police said the family dog, named Zeus, fatally attacked the young boy Saturday in a military housing complex while his three siblings were in the same room. According to police Lt. Rick O’Hanlon, no criminal charges are pending against the mother who was home during the event. An autopsy showed the boy died of bite injuries to his head and neck. The dog was put down.

It is important to point out that when fatal dog attacks occur on military base housing, the military greatly limits U.S. media access. In the most recent incident involving Aaron Carlson, reporter Doug Kolk states in an early video, "Because this occurred inside military housing, this is as far as we can get to the crime scene." The media has even less access when the incident actually occurs on base, such as the deaths of Julian Slack (2008) and Dandre Fisher (2007).

Despite this truth, pit bull defenders are already clamoring to call the mauling death of Aaron Carlson another "media conspiracy" against pit bulls by under reporting this fatal dog attack.

07/31/10: Child Killed by Family Dog
San Diego, CA - In a developing story, a 2-year old boy was mauled to death by a family dog in Tierrasanta, a military housing area within the City of San Diego. According to Police Department Sgt. Ray Battrick, the incident happened at 11:33 am at a home on Lofberg Street. The boy was attacked in front of his siblings in an upstairs bedroom, while the mother was sleeping on a couch downstairs. The father is an active serviceman and currently deployed overseas, Battrick said.

The family has owned the dog, a 1.5-year old German shepherd-mix, for about 6 months.

Posted on July 25, 2010 by Colleen Lynn

2010 Dog Bite Fatality: Pit Bulls Kill Man, Injure Four Others in Memphis

William Parker seen with family members before the deadly pit bull mauling.

Lawsuit Victory for Family
UPDATE 11/21/18: Eight years after the brutal pit bull mauling death of 71-year William Parker, his family finally has some justice. On Thanksgiving Eve 2018, we learned that a court ruled on October 31 that Gardenia Parker's family was awarded $2.5 million dollars. The Parkers sued the apartment's management, Epstein Enterprises, and the owner, Longview Heights Partners, who knew or should have known these same pit bulls had attacked or threatened other people too.

"We felt the apartment complex, with knowledge of those animals being on the premises, had full responsibility essentially to prevent the people in the neighborhood, the tenants and the residents of that apartment complex from being injured by a dangerous condition on the premises," Parker's attorney, Daryl Gray, told WREG afterward. "As a landlord you have a duty to keep people in the community safe, keep your tenants safe from a dangerous condition on your property," Gray said.

07/25/10: Tree of Hope Corridor
On Saturday, family and friends held a vigil for 71-year old William Parker who died Tuesday after being viciously attacked by two pit bulls. Neighbors lit candles, hung teddy bears and Tree of Hope signs on a tree near the scene of the fatal mauling. Gardenia said the half-block walk to the vigil was the most difficult of her life. She was the one that found her dying father. She said, "When I got there, the dogs had already tore both of his legs to pieces. No skin, just bones there."

Bessie Parker, William's grieving wife, prayed with her daughter during the vigil. "I can't see my husband," she said, "but I can feel him all around me." Neighborhood Watch President Georgia King got volunteers to clean up the area near the mauling to turn it into a Tree of Hope corridor. A family spokesperson said William Parker's visitation is next Friday at N.J. Ford Funeral Home from 4 p.m. to 7 pm. The funeral will be next Saturday at 11 am at Lake Grove Baptist Church.

07/23/10: Director Defends Police
Memphis Police Director Larry Godwin went on record today to talk about the department's dog policy. According to Godwin, officers followed protocol during the Sunday incident, thus alleviating the department from any liability that occurred Tuesday: The death of one person and the injury of four others. When officers arrived Sunday, the dogs had been contained. This combined with "non bite" injury did not warrant notifying the Memphis Animal Shelter or taking any further action.

Godwin says his officers got a call about the pit bulls roaming Manassas St. Sunday, "When the officers made the scene over there. The dogs were contained. They were legally on a chain."

The officers gave the owner a citation for not having proper paperwork for the pit bulls and arrested him on a sex offender violation.

His dogs stayed behind.

Godwin says the owner told officers his family would take care of the animals.

"Our policy is pretty much we don't confiscate dogs. If there are dogs running loose, animal shelter is notified. We look of course to the safety of the citizens," said Godwin. (WREG, News Channel 3)

Who Is Sherry Wooten?

A separate article, also published Friday, reveals more information about the woman charged. Wooten is the girlfriend of the dogs' owner's brother, Andre Humphrey, and is close to giving birth. According to police, Andre was supposed to take possession of the dogs after his brother was taken into custody. Andre claims that his brother did not own the dogs, but that his brother's "ex-girlfriend" did. He said it is she who should be charged, not Wooten or his brother.

It is important to pay attention to the finger pointing that is occurring. It is not unusual after a serious or fatal dog attack for owners to claim that they did not own the offending animals. Typical excuses include: the dogs were strays; the dogs were being "kept" by a relative or the dogs belonged to a boyfriend. This is another reason why "Punish the Deed" is misleading and impractical. If ownership of the dog cannot properly be established, there is no person to punish.

07/22/10: Woman Charged in Maulings
Sherry Wooten, 23-years old, has been charged in connection to the Memphis pit bull maulings that took the life of William Parker and sent four others to the hospital, seriously injuring two. According to police, Wooten, a friend of the dogs' owner, released the dogs from the apartment knowing they were vicious in nature. Wooten was charged Thursday with Reckless Homicide and four counts of Felony Reckless Endangerment. Wooten is scheduled to be in court Friday.

After the Sunday incident, a relative of the dog owner was supposed to take possession of the dogs. Apparently this did not occur. Now Wooten holds the blame for all five victims in Tuesday's attacks. The dogs' owner, Bernard Humphrey, who knew better than anyone else that his dogs were "vicious in nature," may hold no blame. Ironically, the safest place for Humphrey to be on Tuesday, July 20th was behind bars. Now a friend of his will take the rap for his multiple maulers.

07/22/10: Victim Says Woman "Watched"
On Wednesday, victim Kevin Stringfellow shed new light on the Memphis pit bull maulings. The attack on Stringfellow was a separate incident than the one involving Parker. He said the dogs attacked him about 30 minutes earlier and that a woman from the dog owner's apartment ignored his cries for help. He did not learn of Parker until he was at the hospital. Though left with 52 holes in his arm, Stringfellow considers himself lucky. He used an empty beer bottle to fend off the dogs.

Police Protocol Failure?

As events leading up to the fatal attack become somewhat clearer, questions of police protocol arise. On Sunday, the same two dogs chased Leroy French atop a car. His cries for help alerted neighbors who called police. When police arrived, they did not remove the dogs, but arrested the dogs' owner, Bernard Humphrey, who was in violation of the sex offender act. French was sent to the hospital with "non bite" injury; he slipped and banged his head when scrambling atop the car.1

In the same video, Humphrey's mother, Patrice, said that her son used to live with her. She said she called police at least three times in fear of his dogs. She eventually forced him and his dogs out of her home. Humphrey began renting an apartment in Parker's community shortly thereafter. Despite the incident with French, at least four vicious dog calls to the police and being a convicted felon, police left Humphrey's dogs at his home when they took him into custody Sunday night.

The question is, when an offender like Humphrey is taken into custody, whose dogs had a clear and ongoing track record with authorities, what should happen to these dogs? Who becomes responsible for the animals while the owner is in custody? Is it protocol to contact animal control to impound the dogs or to at least follow up in these cases? Or does the offender simply appoint a family member or friend (in this case his alleged girlfriend) to care for the dogs while in custody?

Though not widely known to the public, studies show that owners of vicious dogs are often deviants and criminals. Police are especially attuned to this. They understand more than anyone else what might lie behind the door when serving a warrant: a vicious dog. It seems hard to believe that a protocol would not exist, but in Tennessee, just about anything is possible when it comes to laws failing to govern dangerous dogs. This failure directly led to the death of Parker.

07/20/10 Victims' Family Blame Police
New information has been released about the Memphis pit bull maulings that killed one and injured four others. The victims' families are not just blaming the owner of the dogs, they are blaming the Memphis police. Eyewitness News reports that the dead victim's wife, Bessie Parker, and her neighbors called the police on Sunday about the very dogs that killed her husband and seriously injured several others after the pit bulls forced a resident to take refuge atop a car.

It was a Memphis Police officer that owned the two pit bulls that killed Betty Lou Stidham, a school teacher, in 1990 (see footnotes).

Before brutally attacking William Parker, the pit bulls attacked neighbor Kevin Stringfellow when he tried to come to the 71-year old man's rescue. "He got bit like 30 to 40 times," said his brother Darryl. "He got bit in the head, legs, arms, everywhere. Had to use a bottle to beat them off. He's probably going to need surgery. If I would have been out there, I would have shot the dogs, point blank," Darryl said. (A separate report said that Kevin also had a finger bitten off in the attack.)

Parker's daughter, Gardenia, was also injured in the attack. She suffered a broken elbow and puncture wounds to her legs and arms. It is unclear, as of late Tuesday night, if the Memphis Police Department ever contacted the Memphis Animal Shelter about the earlier complaints. Mayor A C Wharton's office denied Eyewitness News cameras access to the dogs and forbid the new shelter director, Matt Pepper, from explaining to reporters what happens next in the process.

07/20/10: Pit Bulls Kill One, Injure More
Memphis, TN - In a developing story, two pit bulls killed an elderly man, seriously injured his daughter and attacked emergency responders who were trying to help the victims. William Parker, 71, was rushed to the hospital where he was pronounced dead. His daughter suffered severe bite injuries and is currently hospitalized. Lt. Ray Pelletier and paramedic Ken Hartfield were taken to the hospital for bite injuries to the lower legs and abdomen; both have been released.

The City of Memphis2

The Commercial Appeal, Memphis's newspaper, is sympathetic to pit bulls.3 The "cause of death was uncertain," according to the Appeal. Back in January, Councilman Shea Flinn proposed a pit bull sterilization law due to the overwhelming number of pit bulls in the city's shelter. By March, the proposal had become a sterilization law for "all dogs," which dumbs down the original and hides the central issue that plagues nearly all U.S. city shelters: a pit bull overpopulation crisis.

View the DogsBite.org Google Map: Tennessee Fatal Pit Bull Maulings.

1"Non bite" injury often means that the incident goes undocumented against the dog, even in instances of death. Had French been bitten, police protocol certainly would have included contacting animal control (See: rabies prevention).
2The City of Memphis has been painfully aware of the pit bull problem for at least 20 years. The 1990 fatal attack of Betty Lou Stidham is still posted in the People Magazine archive. The negligence of the city in Stidham's death ultimately cost them in civil court (See: full history). The gruesome 2007 attack of James Chapple Jr., which ended in his death, even dawned coverage from Reader's Digest.
3In the 2007 Appeal's photographic essay, "Menace Unleashed," 33 photographs are shown, but only 5 (15%) depict pit bull victims and these are seen at the very end of the segment. The related video is even more biased. Reporter Cindy Wolff even encourages the public to adopt abused pit bulls -- dogs with a potentially highly unstable temperament. Wolff also pushes "nanny dog" and "Petey" stories promoted by pro-pit bull groups. The Appeal's video has no mention of pit bull victims.

Posted on July 22, 2010 by Colleen Lynn

2010 Dog Bite Fatality: Concord Child Killed by Step-Grandfather's Pit Bulls

Dog mauling victim, 2-year old Jacob Bisbee, seen in a family photograph.

One Year in County Jail
UPDATE 07/07/14: Nearly four years after the brutal pit bull mauling death of 2-year old Jacob Bisbee, the owner of the dogs, 56-year old Steven Hayashi of Concord, was sentenced to one year in county jail and three years formal probation. Hayashi was convicted of involuntary manslaughter in April and could have been sentenced to 10-years in state prison. On July 22, 2010 Jacob was killed by three of Hayashi's five pit bulls. The dogs had a history of violence.

The trial of Hayashi was held in August 2013 -- Hayashi waved his right to a jury. The Contra Costa Times described his trial as having a "sporadic schedule." In April 2014, Judge John Kennedy of Contra Costa County Superior Court found Hayashi guilty of involuntary manslaughter and two other felonies in connection to Jacob's death. Hayashi remained free until his sentencing in July. On Monday, Judge Kennedy allowed Hayashi to remain free pending an appeal.

08/05/10: Dogs Had Killed Three Pets
In a surreal update concerning Steven Hayashi, whose pit bulls killed his 2-year old step-grandson last month, it was revealed in court this morning that Hayashi's dogs had killed more than one family pet. Prosecutor Mary Knox said that the pit bulls killed two other family pets in the same time period -- a parrot and an Akita, "who had poked its head into a room containing the dogs." The mauling suffered by the Akita was so severe that its head was torn off, Knox said.

Knox told the court that on the morning of the attack, Hayashi left to play tennis with his 13-year old son and did not wake his wife nor ask his 19-year old son to care for the young brothers. He also admitted to police that he failed to secure the two locks on the garage door before leaving. Previously charged with two felonies, Hayashi now faces enhanced charges. The Contra Costa County District Attorney's Office added a death enhancement to the child abuse charge.

07/24/10: Hayashi's Jailhouse Interview
In a jailhouse interview Friday, Hayashi said doesn't believe he is "totally responsible" for the boy's death, but acknowledged that he had ignored warning signs -- including when one of his dogs killed his Chihuahua. Prior to the attack that struck down his step-grandson, Hayashi believed that pit bull owners, and not the dogs themselves, were the problem. He also explains how he ended up with five pit bulls: The first pit bull, adopted from a shelter, was unsterilized and pregnant.

Changed his view

Before the tragedy, Hayashi said he had always believed that pit bull owners -- and not the dogs themselves -- were the problem.

"Well, I used to think that way," he said. "That's what got me into this mess, just thinking that they're just regular dogs. I can understand a dog biting or nipping, but to maul somebody until he's dead? To tear out somebody's face?"1

Not a 'social outcast'

"I personally don't think I should be behind bars because I made a bad decision about keeping the dogs," Hayashi said. "I'm not like (a) social outcast. I just made a bad decision about keeping the dogs."

The dog that killed his Chihuahua, he said, was Kiwi, a male who was about 6 months old at the time.

"It was my responsibility to do the appropriate action when it happened," Hayashi said. But he said he had decided to keep all five dogs "because I didn't have the heart to euthanize them."

Hayashi said he believes Kiwi was primarily responsible for Jacob's mauling. He said he wasn't sure if the two other dogs in the garage, Sadie, a 3-year-old female, and Jake, a 1 1/2-year-old male, took part.

The family's two other pit bulls, Max and C.J., both year-old males, were in the yard at the time. (Henry K. Lee, San Francisco Chronicle)

Sadie should have never been adopted unsterilized. California state law prohibits the adoption of unsterilized pets over the age of 8 weeks old. This law was designed to prevent multiple unwanted litters, which leads to the neglect and euthanasia of countless animals.

07/23/10: Authorities Charge Dogs' Owner
Concord police have arrested the child's step-grandfather, Steven Hayashi, 52, on suspicion of child endangerment and owning a mischievous animal that causes great bodily injury or death -- both felonies. The charges come after his three pit bulls killed Jacob Bisbee this morning. Hayashi wasn't home during the incident, but told police that he owned the three pit bulls involved in the attack as well as two others. All five dogs were euthanized today by animal services.

Police Lt. Jim Lardieri said the dogs attacked the toddler when he walked into the garage. The victim's grandmother and 19-year old uncle were in the house at the time, as was the boy's brother and teenage cousin. The victim's father also lives at the home. Officials spent the day at the home gathering evidence. At one point, they removed a caged ferret and two unloaded shotguns. Ferrets are illegal to own, but no charges in connection with the shotguns are expected.

Rapid fire response Concord and Contra Costa County officials -- Good job!

07/22/10: Pet Pit Bulls Kill 2-Year Old Boy
Concord, CA - In a developing story, another California child is dead after being attacked by his family's pet pit bulls. Police say the child walked into the garage where three of the family's five pet pit bulls were kept. The dogs attacked the child inflicting severe injuries. He was pronounced dead at a hospital shortly thereafter. The three dogs involved in the attack, and two other pit bulls that lived in the yard, were taken into custody by Contra Costa County Animal Services.

View the DogsBite.org Google Map: California Fatal Pit Bull Maulings.

1Steven's comments directly refer to what the pit bull was selectively bred to do: attack without reservation for the purposes of dogfighting.

DogsBite blog ::

Department of Justice Axes Monkeys, Other Creatures From Service Animals

2010 Dog Bite Fatality: Military Family Dog Kills 2-Year Old Boy in Tierrasanta

Mother of Child Killed by Dog Sentenced to Probation by Judge

2010 Dog Bite Fatality: Pit Bulls Kill Man, Injure Four Others in Memphis

2010 Dog Bite Fatality: Concord Child Killed by Step-Grandfather's Pit Bulls