A few weeks ago a 50-pound Rottweiler mix attacked and killed one of its fellow canines on a TriMet bus.
There was no provocation, no growling, no barking; the attack came without warning. It was an accident and accidents happen.
The problem is that Leroy Morley, owner of the Rottweiler, was not technically allowed to have his dog on the bus outside of a cage. The dog that was killed, however, was a service animal, and therefore allowed to be on the bus.
Now it becomes a real issue and, some would say, no mere accident. Who is allowed to bring their leashed animal onto a TriMet conveyance and who isn’t?
The rules state that if an animal is not a service animal, then it cannot board the bus unless it is in a cage or carrier. So, according to the rules, Morley should have had his dog in a carrier. He also lied when the bus driver asked him if his dog was a service animal.
Leroy just wanted to get on the bus like everyone else and lied so that his dog could come with him. I can guarantee that he is not the first or last to have done so. It just so happened that this time an accident occurred. But does that make Leroy criminally negligent?
It is entirely possible that Leroy’s dog had no history of violence, but something happened, something that could not have been anticipated, to make the dog snap or lose control.
Maybe it just thought it was playing and things got out of hand. We can’t really know. Then we come to the issue that the Rottweiler was not even supposed to be on the bus (outside of a cage) at all because it was not a service animal.
The term “service animal” is very loosely defined. On the Web site for the Americans with Disabilities Act, under the heading “What is a service animal?” we are given the following answer: “The ADA defines a service animal as any guide dog, signal dog or other animal individually trained to provide assistance to an individual with a disability. If they meet this definition, animals are considered service animals under the ADA regardless of whether they have been licensed or certified by a state or local government.”
The definition given illustrates the shaky distinction between service animal and pet. Even though a pet may serve the same exact purpose as its service animal counterpart (i.e. mitigating social anxiety or providing companionship), one is allowed on the bus and one is not.
Has the so-called service animal been trained? Not necessarily. And it is certainly not guaranteed that the service animal will not bite, bark or scratch.
With that said, this issue is plagued with “what if” questions. What if the dog had bitten a person, a child, your child, etc.? All good questions in their own right, but I have another question to pose.
What if Leroy’s dog had also been a service animal? According to the definition above, it would not have been difficult for Leroy to truthfully claim that it was. Is there protocol or precedence for service-animal-on-service-animal violence?
A dog, or any animal for that matter, does not suddenly become a saint among dogs when it is christened as a service animal. Yes, there are people that really, truly need the assistance of their animal to complete everyday activities, and yes some of those animals have received intense training to become state-certified seeing-eye dogs or companions. That does not mean that every animal that is called a service animal (and that is pretty much all it takes), should be such a cut above the lowly pet.
The rules, regulations and definitions should be tightened up. This is merely a case of dogs will be dogs and accidents happen. It really is tragic that someone lost their beloved pet and I sympathize for the owner, but that is no reason to attack Leroy Morley.
I am sure that he does feel remorse for what happened, but what else should he be expected to do? Issue a written apology? Have his Rottweiler put down? Serve jail time? I don’t think those actions will solve the problem TriMet is currently facing with animals onboard its vehicles.
Surely no one is suggesting that we avenge the death of an animal by killing another or put a man, who committed no crime, behind bars. Now that would be downright criminal.
[Editors note: This article is a response to Vanguard staff Fiona Bruce’s opinion piece “Irresponsible pet owners and public transportation–a deadly mix?” published Nov. 14.]