Judge orders woman to pay fine levied against her service dogs

NEBRASKA -- A Lincoln woman ticketed in June for leaving her two service dogs on the front porch of her apartment building must pay a reduced fine, a Lancaster County judge ruled Wednesday.

Though disappointed by Judge Timothy Phillips' ruling, Shere Sieckmeyer, 60, said in an interview Thursday she will pay the $99 in fines and court costs.

“It’s so extremely ridiculous,” said Sieckmeyer, adding she's done nothing different since she was ticketed.

"I didn't hurt anyone."

She had just returned to her apartment building on Garfield Street from a walk on June 4 when she had to leave her licensed border collies, ZsaZsa and Shandalei, in a rush to get to the bathroom, she told the judge.

Moments later, an Animal Control officer went to Sieckmeyer's address on a report of two stray dogs.
He briefly impounded ZsaZsa and cited Sieckmeyer twice for letting an animal run at large.

Phillips upheld those citations, saying the city met its burden of proof because the animals were "at large" as defined in city code.

Lincoln's ordinance states that animals at large are those not under the control of their owner by either leash or chain, or confined in a car, shelter or fence.

Assistant City Attorney Connor Reuter argued at a bench trial in September that Sieckmeyer's intention to return to her dogs didn't matter. She was guilty under the ordinance, Reuter said.

Sieckmeyer testified that the service dogs are allowed to be unrestrained under a provision of the Americans with Disabilities Act.

The retiree, who walks with a cane and is blind in her left eye, said she can't have her dogs on a leash because of her osteoporosis and arthritis.

The Americans with Disabilities Act permits service dogs to be unleashed only if the leash or harness either interferes with the animal's work or the individual's disability prevents using the leash.

In those cases, the individual must maintain control of the animal through voice, signal or other effective controls, the guidelines say.

"At the time in question, the dogs were not performing any service work, for which they are trained," Phillips wrote in his order.

But he reduced the fine from $100 each to $25 apiece, saying the circumstances that allowed the dogs to run at large were a "mitigating factor."

Sieckmeyer contends that she's still innocent under federal law, but she will respect the judge's order.

(Lincoln Journal Star- Nov 6, 2014)