Las Vegas Sun

March 28, 2024

Dogs’ silence in court aids Pittman teacher’s appeal

CARSON CITY -- Ten dogs, in training to help the disabled or blind, may have tipped the scales of justice against the Clark County School District in its legal battle to keep canines out of the classroom.

The dogs laid quietly or snoozed in the aisles in the courtroom of the Nevada Supreme Court during 30 minutes of oral arguments Wednesday.

Toward the end of the hearing, Justice Bob Rose observed, "It doesn't appear to create a problem," referring to the presence of the dogs.

Anne Buchanan, who teaches music at Vail Pittman Elementary School in Las Vegas, trains dogs for the disabled. She wanted to bring her golden retriever, Maria, to the classroom as part of the exercise. The school district balked.

Buchanan then got an order from District Judge Joseph Bonaventure allowing her to bring the dog to class.

The district appealed to the Supreme Court. The dogs attending the hearing didn't bark or relieve themselves on the courtroom floor. Several have trainers who are teachers in Carson City and are allowed to bring them to class. The dogs' presence Wednesday was to show there is not any disruption.

After the hearing, Buchanan, who attended with her new dog, Telpa, a yellow Lab, said it was hard to predict how the justices would rule. But she said she's bothered by the school district's argument that some of the students might be allergic to dogs.

A poll of the 616 students in the Pittman school showed 664 dogs in the families. And if the district is worried about student health problems, she said, it should clean the carpets in the classrooms. She said the carpet in her classroom has been cleaned once in nine years and she did it.

Gregory Kamer, attorney for the school district, said this case was not about access to public accommodations. It is an employment issue.

The school district, Kamer said, allows helping dogs for disabled students or faculty. This case, he said is "seen as usurping the authority of the school trustees."

No one ever came to the School Board asking to set up a program that would permit these dogs in the classroom for training purposes, Kamer said.

After the issue became publicized, he said, the school had eight calls from parents worried that their children would have to be in the classroom with a dog.

One in four children has allergies, he said.

Justice Rose reminded Kamer that Judge Bonaventure put a "safety valve" in his decision. If problems arise with the dog in the classroom, the school district can ask for modification of the order.

Attorney Richard Segerblom, representing Buchanan, told the court there is no law that prohibits an employee from bringing a dog into a classroom for training. He said Buchanan would be willing to establish guidelines on the dog's behavior.

"We were always willing to negotiate," Segerblom said. "The position of the district is they will only do it if a court orders it to do it."

Segerblom said Buchanan's first dog, Maria, returned to California where it failed the test for assignment to help the disabled. In a bit of irony, the dog is now being trained for drug sniffing and probably would be allowed on campuses in Clark County.

Assemblyman Bob Price, D-North Las Vegas, said Wednesday he intends to introduce a bill in 1997 to make it clear these training dogs can be in the classroom. He said the same situation happened to an employee of the state Department of Motor Vehicles and Public Safety.

"This is bull," said Price, referring to the practice of banning training dogs. "I thought the law was clear. But I will do something at the next session."

The court will rule later.

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