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Disabled woman sues the MTA for not allowing her dog to board


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Here the Daily News ediortial board take on this story/lawsuit pubilshed on 1/11/09.

 

Dog of a lawsuit: Federal judge must toss cuckoo commuter's crazy canine case

Sunday, January 11th 2009,

 

Estelle Stamm riding the #5 train in Manhattan with her service dog, Wargas.

You may have read in the Daily News about a woman suing for $10 million because Transit Authority workers questioned her desire to travel with pony-size, dangerous and uncontrollable dogs.

 

Estelle Stamm's claim is, on its face, nuts.

 

What's crazier is that the federal courts have entertained such preposterous litigation for five years, wasting public money and judicial resources - and that the city paid Stamm $10,000 to make her go away.

 

This suit should have been laughed out of court as nonsense that threatens to undermine federal law aimed at protecting the rights of the disabled.

 

Stamm asserts she is covered by the Americans With Disabilities Act because she has posttraumatic stress disorder from recovered memories of sexual abuse, a condition she says makes her lose track of where she is. Oh, and Stamm says she has unexplained hearing loss in her right ear.

 

What exactly is her problem? Expert-witness psychiatrists are battling over everything, including whether Stamm is capable of having sex.

 

Meantime, there's no evidence that the cure to what ails her is a dog - never mind a 120-pound, 3-foot-plus-tall livestock guardian dog with a penchant, Stamm acknowledges, for attacking gray-haired old ladies and guide dogs for the blind.

 

"Dogs like ours are like loaded guns whether or not they are in the wrong hands," she wrote on the Internet.

 

"These are serious guardian dogs capable of doing extensive damage to predators - perceived or real."

 

And there is far more in the record demonstrating that she's abusing the federal disabilities law by insisting on bringing Wargas and her previous dog Mishka on subways and buses.

 

She selected the breed and largely trained the dogs herself. Once, she was yanked off her feet when Wargas lunged after a dog. She lost three teeth. Another time, she needed stitches after her dogs attacked each other. Both times, she ended up at the hospital - where, according to court papers, she lied about her injuries.

 

But she likes her beasts because they keep straphangers away. In her own words: "An LGD in the subways is a wonderful sight. ... The seas of people part before us." No doubt.

 

Now, after five years of legal skirmishing, the Transit Authority has asked Brooklyn Federal Judge Sandra Townes to dismiss this case. This should be a no-brainer for her honor, and the ruling should simple:

 

You can't put old ladies in danger of being mauled and scare the crap out of everyone else for your own comfort.

 

 

c)2009 NY Daily News

 

Any takes?

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Here the Daily News ediortial board take on this story/lawsuit pubilshed on 1/11/09.

 

Dog of a lawsuit: Federal judge must toss cuckoo commuter's crazy canine case

Sunday, January 11th 2009,

 

Estelle Stamm riding the #5 train in Manhattan with her service dog, Wargas.

You may have read in the Daily News about a woman suing for $10 million because Transit Authority workers questioned her desire to travel with pony-size, dangerous and uncontrollable dogs.

 

Estelle Stamm's claim is, on its face, nuts.

 

What's crazier is that the federal courts have entertained such preposterous litigation for five years, wasting public money and judicial resources - and that the city paid Stamm $10,000 to make her go away.

 

This suit should have been laughed out of court as nonsense that threatens to undermine federal law aimed at protecting the rights of the disabled.

 

Stamm asserts she is covered by the Americans With Disabilities Act because she has posttraumatic stress disorder from recovered memories of sexual abuse, a condition she says makes her lose track of where she is. Oh, and Stamm says she has unexplained hearing loss in her right ear.

 

What exactly is her problem? Expert-witness psychiatrists are battling over everything, including whether Stamm is capable of having sex.

 

Meantime, there's no evidence that the cure to what ails her is a dog - never mind a 120-pound, 3-foot-plus-tall livestock guardian dog with a penchant, Stamm acknowledges, for attacking gray-haired old ladies and guide dogs for the blind.

 

"Dogs like ours are like loaded guns whether or not they are in the wrong hands," she wrote on the Internet.

 

"These are serious guardian dogs capable of doing extensive damage to predators - perceived or real."

 

And there is far more in the record demonstrating that she's abusing the federal disabilities law by insisting on bringing Wargas and her previous dog Mishka on subways and buses.

 

She selected the breed and largely trained the dogs herself. Once, she was yanked off her feet when Wargas lunged after a dog. She lost three teeth. Another time, she needed stitches after her dogs attacked each other. Both times, she ended up at the hospital - where, according to court papers, she lied about her injuries.

 

But she likes her beasts because they keep straphangers away. In her own words: "An LGD in the subways is a wonderful sight. ... The seas of people part before us." No doubt.

 

Now, after five years of legal skirmishing, the Transit Authority has asked Brooklyn Federal Judge Sandra Townes to dismiss this case. This should be a no-brainer for her honor, and the ruling should simple:

 

You can't put old ladies in danger of being mauled and scare the crap out of everyone else for your own comfort.

 

 

c)2009 NY Daily News

 

Any takes?

 

Stamm: Epic fail. For the reasons stated above.

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Great article...equally ridiculous was the guy who got $6M because he SLIPPED IN BIRD CRAP and fell down the stairs entering a subway station despite not holding the railing. STOP GIVING THESE PERSONAL INJURY CLOWNS money and put their lawyers out of business!

 

Post wouldn't be complete without this..

 

What exactly is her problem? Expert-witness psychiatrists are battling over everything, including whether Stamm is capable of having sex.

 

Meantime, there's no evidence that the cure to what ails her is a dog - never mind a 120-pound, 3-foot-plus-tall livestock guardian dog with a penchant, Stamm acknowledges, for attacking gray-haired old ladies and guide dogs for the blind.

 

Were they suggesting the dog would cure her inabiltiy to have sex? :)

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Okay, if they are unsanitary, at least they are cleaner than the Cockaroaches and Rats in the Subway and I call a dog, dawg sometimes...

 

Okay... good rebuttal there... how about this...

If you give dogs the right to be on the subway:

-Dog fights happen

-It will be too loud in the subway with all that barking

-The dogs may lose control

-One must train the dog to WATCH THE GAP

-Should dogs pay?

-If dogs get it... then how about cats???

 

It is too controversial. It is a bit selfish in the human sense, but: unless they are service animals, let the subway be for humans.

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  • 4 weeks later...
She's certainly not handling it with grace and poise. I just can't take her seriously or take much pity on her if she's ready to curse out the MTA.

i really do not feel bad for that lady bcus she has no right to bring a dog on a bus to begin with and she needs to realize the world does not evolve around her and her stupid dog seriously.people have a right to comfort without a dog invading that and she should not get any money out of mta nor should she be cursing about it and if the dog is so important she should hire a cab or something seriously cus she sound so retaded i swear.

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I am into dog breeds and heres a bit of information on the temperament of this dog breed the Caucasian Ovtcharka.

 

The Caucasian Ovtcharka's original purpose was to protect livestock. The typical Caucasian Ovtcharka is assertive, strong-willed, and courageous. Unless properly socialized and trained, the Caucasian Ovtcharka may exhibit ferocious and unmanageable tendencies. It is very brave, alert, strong and hardy. It distrusts people it does not know and it has a powerful urge to defend. Everything and everyone who belongs to the family, including children, cats, other dogs, etc, will be regarded by this dog as part of "its" family and will be respected and protected. This dog should not be left alone with children, because if play becomes too rough, the Caucasian Ovtcharka my feel the need to protect your child, and may do it extensively. It has no time for strangers, but it will greet family friends warmly. It can be rather dominate towards other dogs it does not know. Some German fanciers employ the dogs as foremost guardians and deterrents. This is not a dog for everyone. It requires an owner who knows how to display strong leadership and who is willing to spend a lot of time socializing and training.

 

So lets say me as the Conductor approaches this woman to ask about her dog on the train and she tells me its a service animal what if this dog begins to growl at me? How would I react to the service animal comment or better yet what if a child tries to touch it and gets attacked because this animal which is pretty big gets defensive. I doubt the other passengers would want this big dog in the same car as them.

 

Just another silly lawsuit that MTA should hopefully win her attitude alone shows that shes only cares for one thing.

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I am into dog breeds and heres a bit of information on the temperament of this dog breed the Caucasian Ovtcharka.

 

 

 

So lets say me as the Conductor approaches this woman to ask about her dog on the train and she tells me its a service animal what if this dog begins to growl at me? How would I react to the service animal comment or better yet what if a child tries to touch it and gets attacked because this animal which is pretty big gets defensive. I doubt the other passengers would want this big dog in the same car as them.

 

Just another silly lawsuit that MTA should hopefully win her attitude alone shows that shes only cares for one thing.

Jee... what a dog... it's just lame how this woman is taking legal action just because of her dog which belongs to a rather vicious breed.

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