WARWICK PUBLIC LIBRARY BANS TEEN DIAGNOSED WITH AUTISM FROM TEENSPACE FOR SIX MONTHS IN VIOLATION OF THE LIBRARY’S BEHAVIOR POLICY AND FEDERAL AND STATE LAWS

The mayhem that occurred during December of  2012 in Sandy Hook, Connecticut was sparked by Adam Lanza’s infatuation with violent video games, such as, “Call to Duty.”

On April 17, 2013 and April 28, 2013, Mr. and Mrs. Jacobowitz, found violent video games in the teen area of the Warwick Public Library, known as “Teen Space.”    The Jacobowitz’s 13 year old son, Arizona, who is diagnosed with PDD-NOS (Autism) wanted to play “Zelda” which contain scenes of fighting with swords, blood content, etc.  Mr. & Mrs. Jacobowitz did not allow Arizona to play the violent games on either day and as a result, on April 28, 2013, Arizona tantrumed. 

     On April 29, 2013, Mr. and Mrs. Jacobowitz, returned to the Warwick library to express their discontent for the library possessing and allowing the teens to play violent video games at the library and consider this to be a form of mental abuse.

     Two weeks later, on May 15, 2013, Diane Greenwald, the director of the Warwick Public library, forwarded a letter to Mr. and Mrs. Jacobowitz banning Arizona from “Teen space” for 6 months in violation of the library’s behavior policy.  The behavior policy states, “Unacceptable behavior includes any form of harassment which could result in physical, emotional, or mental injury to oneself or others, or when it could result in damage to library facilities, equipment, or materials.”  The Warwick Public Library did not accept any level of liability for providing “Teen space” with violent videos.  Ms. Greenwald stated, “I will be willing to review this restriction with you after 6 months if you feel Arizona is ready to use the Teen space appropriately.” 

Mayor Scott Avedisian was contacted and received the following response from Ms. Greenwald, “[T]he decision was made following several fairly serious incidents that, according to reports at the time, involved screaming, hitting, and disruptions that lasted for more than 15 minutes, and were the result of Arizona being told that it was time to leave and when he was told he had to wait his turn.”  Greenwald also stated, “[A]ny games in the Teen space are rated appropriate for teens, and that the library does not carry violent videogames.”  Ms. Greenwald further stated that she will be willing to meet and discuss when and how Arizona can return to Teen space.

In our reply letter to Mayor Avedisian, we noted several key factors-(1) The behavior policies for most libraries are out dated and does not address behaviors that are a manifestation of one’s different ability; (2) the decision was made, not following several “fairly serious incidents,” but two weeks after a tantrum and concerns were expressed about videos that contained violence being allowed at Warwick Public Library in the Teen space; (3) The rating teen appropriate on a videogame does not necessarily mean that it is appropriate for teens per se, adults usually determine what’s appropriate for the child or teen; (4) Banning Arizona from the “Teen space” for 6 months fail to offer a correlation between the inappropriateness of his behavior (tantrumming) and the ban in a way that he could understand the reasoning; and (5) Places of Public Accommodations are required to provide accommodations by law.  Several suggestions for accommodations were forwarded to the mayor.

Today, a place of Public Accommodations may decide to ban individuals with autism and other special needs, tomorrow they may decide to ban- senior citizens, people of color, various races, gay or lesbians, and maybe you.

We are waiting to hear back from Mayor Scott Avedisian and Diane Greenwald on a plan to accommodate people with special needs, rather than excluding them.

BARRINGTON PUBLIC LIBRARY THREATENED TO BAN “ HERBIE” THE SERVICE DOG FROM THE TOWN LIBRARY

Herbie, the service dog, achieved public notoriety in November of 2010, when Pearl and Irwin Jacobowitz adopted Herbie from the animal rescue in Warren, R.I.  Warren’s animal control officer, Heidi Garity, had Herbie trained by a woman who trained dogs mainly for combat veterans who needed assistance.  The trainer also worked with stray and shelter dogs, training them to be assist dogs.

On August 27, 2013, Laurie Burke, the reference desk librarian, and Lydia who works at the circulation desk, complained and submitted a written report to the director of the Barrington library, Deborah Barchi.  In the complaint, Laurie Burke stated, “An elderly gentleman, Paul Gabarra, complained to Janet (reference desk) that he was afraid of the dog.  Lydia and I noticed anxious looks fro mothers and children on the main floor.”  Lydia and Laurie Burke alleged that Herbie lunged at patrons in the library and they were in fear.  The Barrington Public library director, Deborah Barchi, demanded proof that Herbie was a service dog and said that patrons were upset that Herbie could frequent the library and their dogs could not.  Herbie barked when he sensed danger, but he did not lunge at patrons while at the library.  Herbie never came within 4 feet of any patron in the library and was at least 10 feet away from Mr. Gabarra.

The Barrington Public Library behavior policy states, “[P]ets (except guide animals) shall be prohibited from the interior.”  When confronted with this situation, always request the policy relating to service dogs. 

Beginning on March 15, 2011, only dogs are recognized as service animals under titles II and III of the ADA.  A service animal is a dog that is individually trained to do work or perform tasks for a person with a disability. Generally, title II and title III entities must permit service animals to accompany people with disabilities in all areas where members of the public are allowed to go.

When it is not obvious what service an animal provides, 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. Allergies and fear of dogs are not valid reasons for denying access or refusing service to people using service animals. When a person who is allergic to dog dander and a person who uses a service animal must spend time in the same room or facility, for example, in a school classroom or at a homeless shelter, they both should be accommodated by assigning them, if possible, to different locations within the room or different rooms in the facility.  A person with a disability cannot be asked to remove his service animal from the premises unless: (1) the dog is out of control and the handler does not take effective action to control it or (2) the dog is not housebroken. When there is a legitimate reason to ask that a service animal be removed, staff must offer the person with the disability the opportunity to obtain goods or services without the animal’s presence. Establishments that sell or prepare food must allow service animals in public areas even if state or local health codes prohibit animals on the premises. People with disabilities who use service animals cannot be isolated from other patrons, treated less favorably than other patrons, or charged fees that are not charged to other patrons without animals. In addition, if a business requires a deposit or fee to be paid by patrons with pets, it must waive the charge for service animals. If a business such as a hotel normally charges guests for damage that they cause, a customer with a disability may also be charged for damage caused by himself or his service animal. Staff  are not required to provide care or food for a service animal.

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

 

 

TEACHER ACCUSED OF COVERING CHILD’S NOSE AND MOUTH, THEN SMACKING HIM IN THE FACE AT MARY FOGARTY SCHOOL IN PROVIDENCE, R.I.

 

"...I found out she put her hand over my son's mouth and nose, squeezed it, and then when my son was screaming, she smacked him in his face," said the child’s mother, Crystal Jones, in an exclusive interview with Eyewitness News.

On August 30, 2013, WPRI.COM, Dan Fogarty, reported that according to the Providence School Department, a teacher at Mary Fogarty School, was placed on administrative leave after allegedly hitting a kindergarten student on Thursday.

According to Superintendent, Dr. Susan Follet Lusi, the teacher was immediately removed from the classroom when they were notified.  The incident is currently under investigation by the police.

Lusi stated, “Our educators are to be held to the highest standards as role models in their students’ lives, and the alleged behavior is absolutely intolerable.”  Read more...

http://www.wpri.com/news/local/mcgowan/providence-teacher-on-leave-accused-of-hitting-student

“MCAD RULES THAT EXCLUDING CHILD WITH AUTISM & HIS FAMILY FROM THE SWANSEA MALL WAS BASED ON LEGITIMATE, NON-DISCRIMINATORY BUSINESS REASONS.”

Difficulty For Autistic Boy Transitioning From the Swansea Mall Leads to A One Year "No Trespass Notice" Being Issued to The Family  by Pearl H. Jacobowitz

     The Massachusetts Commission Against Discrimination (MCAD) ruled on August 31, 2012, in the case of Jacobowitz, obo minor children v. Swansea Mall security (Mydatt Services, Inc. dba Valor Secuity Services), Carlyle Swansea Partners, LLC., that excluding children diagnosed with autism is appropriate when based on “legitimate, non-discriminatory business reasons.”

     Sabrina Acloque, Karen Erickson, and Julian Tynes (Investigating commissioner) rendered a decision regarding a one year no trespass notice that was issued on August 24, 2011, by the Swansea Mall and the Swansea Police, banning the Jacobowitz family from the Swansea Mall in Swansea Massachusetts. 

     On August 17, 2011, while visiting the Swansea Mall, Arizona Jacobowitz found transitioning from the mall at closing time very difficult and began to tantrum.  The shopkeeper would not permit Mr. Jacobowitz to initiate a “five minute countdown” behavioral procedure that would have assisted with transitioning.  As Mr. Jacobowitz began to escort Arizona from the Swansea Mall, a crowd gathered hurling verbal threats at Mr. Jacobowitz and one man threatened to hit him with a wrench just purchased from Sears.  As Mr. Jacobowitz attempted to escort Arizona out of the mall in one hand and the service dog out of the mall in the other hand, the angry crowd followed him out of the mall to his vehicle.  The Swansea Mall Security, Mydatt Services, Inc.(dba “Valor”), did not assist Mr. Jacobowitz, although cameras were located in the mall to capture events taking place throughout the mall.

     The Jacobowitz family filed a complaint based on discrimination due to the mall issuing the one year ban, the mall failing to provide accommodations that would assist a child diagnosed with autism or other special needs, and the mall’s security failing to protect.  By the issuance of this decision, places of public accommodations, such as, the Swansea Mall, could ban individuals with autism and other special needs from their facilities based on legitimate, non-discriminatory business reasons.  Although, the term “legitimate, non-discriminatory business reasons” remains undefined by MCAD, it could simply mean for any reason the facility deems necessary.  MCAD was asked by Mr. & Mrs. Jacobowitz to issue an order requesting the Swansea Mall to provide reasonable accommodations, such as, a quiet area in which the caregiver and individual with autism and other special needs could retreat to, as necessary, a registry at customer services, provide Picture Exchange Cards (PECS) of places within the mall, personnel training, and a portable emergency alert system (beepers) if assistance is required.

     By administrative agencies, courts, and other law agencies rendering decisions, such as, the one described in this post, stores, movie theaters, gyms, libraries, and other public accommodations can ban individuals with autism or other special needs from their establishments at any time and for whatever reason, as it will be deemed, a “legitimate, non-discriminatory business reason.”  We must continue to file complaints, protest the establishments, write letters, and petition for change, otherwise accept exclusionary practices and regress back to the day when the only answer to treating individuals with special needs, such as, autism, was institutionalization and/or lobotomies.

IS YOUR CHILD IN DANGER? CAUGHT ON CAMERA

Protecting your child may come down to the use of video cameras in your own home and in schools by Dakota Jacobowitz

     630 WPRO Newsroom reported that according to the Cranston police department, a nine year old, developmentally challenged boy was abused by his caretaker July 30, 2013 when the couple went out to dinner.  Kimberly Faneuf, 46, of Cumberland, a Bayada homecare worker, has been charged with a felony count of assault on a person with severe impairments.  She was arraigned and released on $10,000. personal recognizance and due back in court on October 7, 2013.  While at dinner, the parents discovered that their son was being abused, by Faneuf, after watching her through a home monitoring video system on their cell phone.  It was reported that the boy was grabbed by his head, then slammed down on his back three times.  He suffered bruises on his forehead and left arm, as well as a blood spot on his left eye.  He also suffered injuries around his neck and arm.  He was treated at Hasbro Hospital and released. www.630wpro.com/common/page.php?pt=NEWS3A+Developmentally+disabled+child+abused+by+caretaker&id=19353&is_corp=0