Service dogs and their owners are also strongly protected under the ADA and that is federal. That DPS sergeant could've lost his badge over that bit of cranial rectitus.Keith B wrote:Yes, it does. If an officer arrests you on a supposed charge and it is invalid, then you have grounds for a false arrest suit.alvins wrote:So this whole "ignorance of the law is no excuse" applies to the police which I dought know every single law on the books?
We had this happen to my wife on a service dog we were training. The DPS Sargent threatened to write my wife a ticket because she had the service dog in the license office viewtopic.php?f=83&t=25568&p=325650#p325650" onclick="window.open(this.href);return false;. Making my wife leave and refusing to allow the service dog entrance is a misdemeanor (http://www.statutes.legis.state.tx.us/D ... tm#121.003" onclick="window.open(this.href);return false; Subparagraph (i) . I know for a fact the Sargent was given some time off for her forcing my wife to leave and her attitude about the incident.
I've lost a tremendous amount of respect for the Texas DPS in the past ten/fifteen years. Growing up in Texas, those guys were my heroes and the Rangers were almost beyond legend status. In the old days, the Troopers often kept a thermos of coffee in their car and if/when they ran into motorists stranded on the side of the road, would actually offer a cup of hot coffee while they radioed a tow-truck. At rest stops, the troopers would hand out little toy tin badges to kids and make us "deputy troopers."
Use to be if you were on the side of the road, you could ALWAYS count on a Texas state trooper pulling up behind you and asking if you needed help.
Now you're told to move your car or use your cell phone and call a tow truck or you'll be ticketed or fined (or both).
It seems that everything they today do hinges on revenue generation and enforcement is based upon writing "tickets."
I did some time in law enforcement twenty-something years ago with a federal agency and worked quite a bit with the Texas DPS. Outstanding, top-shelf lawmen that made their counties a better place to live and work. Today, their mission is to collect revenue by writing as many tickets as possible--that's how they get "noticed" for promotions and opportunities for advancement/lateral transfer.
Keith, I'm glad your wife stood her ground and I'm glad that sergeant got a few days off. He needs to lose his stripes for that--he had a lieutenant AND a captain he could've called for advice and counsel, as well as the county civil affairs attorney.
JD