The Works Café on Main Street in Brattleboro.
BRATTLEBORO — The manager of a local café and the attorney for a Brattleboro police officer say a local resident is barking up the wrong tree for filing an Americans with Disability Act complaint against them.
But Rikki Risatti, a Brattleboro resident and town meeting representative, said Risatti (who uses they/them pronouns) and others like them have a clear right to bring their service animals into places like the Works Café, and not get kicked out, like what happened to Risatti and their dog, None, on Aug. 12.
Risatti was at the café with None when they were approached by Michael Wegner, district manager for the cafe.
"Plaintiff's service dog was observed roaming the restaurant unleashed and creating a public nuisance and potentially disturbing other patrons of the café," wrote Wegner in a response to Risatti's complaint in Vermont Superior Court, Civil Division.
"Risatti has a history of entering The Café with said service dog, and numerous times has been asked to control their unruly dog, with staff observing the dog running up to and annoying other customers and sniffing shelved food items, rendering them unfit for sale creating a financial loss for the The Café," wrote Wegner.
Wegner wrote that he asked Risatti to control or leash None as a courtesy to the other customers and staff in the café, "which they refused to do."
When Risatti didn't leave, Wegner reported "an unruly dog and non-compliant customer" to the Brattleboro Police Department and asked for the issuance of a no trespass order, which was presented to Risatti by Officer Michael Cable.
Risatti has accused Wegner and Cable of "off-leash service dog, ADA rights discrimination."
A service animal is defined as "a dog that has been individually trained to do work or perform tasks for an individual with a disability. The task(s) performed by the dog must be directly related to the person's disability."
According to the ADA, "The service animal must be harnessed, leashed, or tethered while in public places unless these devices interfere with the service animal's work or the person's disability prevents use of these devices. In that case, the person must use voice, signal, or other effective means to maintain control of the animal. If a service animal is out of control and the handler does not take effective action to control it, staff may request that the animal be removed from the premises."
Wegner wrote that at no time did Risatti tell him None was unleashed because their disability prevented use of a leash or that a leash interfered with the dog's work.
Risatti shared documents with the Reformer, including a National Service Registry Card, showing the dog is a service dog and a letter from a medical professional attesting to Risatti's need for the dog's off leash training accommodations and its positive record of obedience in private and public settings.
"I just feel pretty overwhelmed every day by having to defend myself from harassment. People drive by me multiple times yelling death threats because they feel angry that they think I am criminally neglectful for having my service dog off leash. People have also tried to kidnap him."
A service dog doesn't have to be perfect, said Risatti, "They're still animals, but expected to be compliant with corrections."
Risatti said they're not after money for damages or trying to get anyone in trouble.
"I'm not trying to punish anyone. I'm trying to coexist," they said. "Most people just have no experience with service animals, and they don't trust me and whatever paperwork I show them even though I served on the Brattleboro ADA Committee, am an elected Municipal District 8 Representative, and was the first student to have a service dog on my college campus."
Risatti is asking people to treat each other respectfully. They also suggested businesses train their employees on how to interact with people with service animals.
"Education helps prevent discrimination," they said.
Wegner, who is representing himself, and Bob Fisher, attorney for the town, both wrote that the federal court, not a civil court, is the proper venue for an ADA complaint, and therefore, Risatti's complaint should be dismissed.
The Trespass After Warning notice prohibits Risatti from entering The Works Café for one year.
Risatti is welcome to return to the cafe, wrote Wegner, if they would agree in writing to keep their service dog in control and leashed at all times.
"I've been going to the Works for four years with my service dog off leash and I've never had anything escalate with or without my service dog to this point of being served a no trespass order before," said Risatti.
'I feel overwhelmed every day': Person and service dog asked to leave local café
BRATTLEBORO — The manager of a local café and the attorney for a Brattleboro police officer say a local resident is barking up the wrong tree for filing an Americans
