Sangerville man guilty of trespassing with dog
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Sangerville man guilty of trespassing with dog


By Diana Bowley
BDN Staff

DOVER-FOXCROFT, Maine — A Sangerville man who was summoned on two counts of criminal trespass in June 2007 for exercising his dog at the Sangerville recreational field was found guilty of both counts Tuesday by a jury in Piscataquis County Superior Court.

Justice William Anderson fined James Stile, who represented himself during the daylong trial, $100 and $200 on the counts, respectively, along with surcharges.

At the trial’s conclusion, Stile, who is disabled and was accompanied in the courtroom by what he called his “service dog,” said he plans to appeal the verdict.

Stile claims he was denied the protection of federal law by being kicked off the field. He claimed the town violated the Americans with Disabilities Act and his civil rights by excluding him and his dog from public property. He also sought to show that he was targeted by Sangerville town officials. He said he personally had seen another dog and its owner on the same field.

“This case is about a man and his dog who had the courage to say no to authorities,” Stile said in his opening remarks. This is about local politics overshadowing personal rights, he said.

Piscataquis County District Attorney R. Christopher Almy told the jury that “the facts [of the case] are going to be pretty simple.”

In his remarks, Almy said the town developed a policy that excluded dogs from the recreational field for health reasons. He said Stile was advised of the policy yet chose to ignore it. When Stile appeared on the field with a dog on June 21, 2007, police arrived and asked him to leave. A summons was issued, and four days later Stile returned to the field with a dog, he said. Another summons was issued.

A stream of municipal officials and police called to the stand Tuesday testified that Stile was repeatedly advised of the town’s policy. At the same time, the majority of the witnesses testified that Stile had made them aware that he was disabled and that his dog was a service dog.

Stile, who had tape-recorded most of his confrontations with town officials and police, sought to show discrepancies between what actually was said and what was described in sworn statements.

Daniel Starbird, a licensed physiologist who began treating Stile after the incidents, said Stile has post-traumatic stress disorder from severe trauma he experienced throughout his childhood and early adult years. He testified that the dog has a calming effect on Stile and it serves a “very valuable function” for his client.

No official documents were presented at the trial to prove that Stile’s dog is a service dog.

While Stile said ADA allows him the use of any public place, Almy said, “That’s simply not the case.” He said ADA is not a blanket act that allows a person to go wherever he wishes even if lawful ordinances or policies prohibit it. Just because Stile is disabled doesn’t mean he is exempt from these restrictions, he explained.

“I think you can see through the truth here,” Stile said during his short closing argument. He told the jurors that if they found he is disabled and that his dog is a service dog, they could not find him guilty.

A complaint filed last year by Stile with the Maine Human Rights Commission regarding the matter has not yet been decided.

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Comments
25 comments on this item

another piddle story, next!

Sangerville has LOTS of places to walk your dog. He's making disabled people look bad.

I'm glad my tax money goes to support this moron

Was he letting the dog go to the bathroom all over it? What harm was he doing? In Dexter people walk their dogs at the rec field here all the time. Sangerville is a small town apparently desperate for crime!

No justice was served here. Several years ago, my husband was confined to a wheelchair for an extended period. His dog became an integral part of his daily life. She helped him to dress by fetching his clothes for him, picked up items for him and generally contributed to his well-being. Did she have service dog papers? No, that is a long and fairly expensive process. But she was a service dog just the same. I can certainly understand Mr. Stiles' relationship with his dog. I am not saying that the town did not have the right to enforce the ordinance, just that there should have been a common ground. As for the ADA, it is not worth the paper it is written on, just ask anyone who is disabled.

I fully agree that any animal is a comfort to almost all of us and play a huge role in our everyday lives, for people with disabilities even more. If Mr Stiles wanted to take his dog to the park and clean up after them I am sure this would have not become such an issue. However, what I am hearing is that when the kids go to have thier soccer and baseball games and are slipping in dog crap enough was enough. I also have seen him working with his dogs, I believe a service dog is a dog that does help us in some way everyday, from what I can see he trains his dogs not to be service dogs but to be police or protection dogs! I am assuming he sells them for this purpose with the type of training he does with them because I have never seen a disabled person with 4 to 6 dogs before. I guess I feel that maybe everything would have been fine if he cleaned up after his dogs before he left the park so the kids could play in a clean surrounding. I don't see how anyone is picking on him or his disability by simply saying clean up the crap or stay out. Now he has ruined it for everyone who would like to take thier dogs there that always cleaned up after them.

Sounds like this man was LOOKING to sue someone.. just because he can.. He was intentionally looking for discrimination. Did these officials he talked to know they were being recorded? if not.. that's illegal.

This man is an clearly an idiot. Why would anyone take their dog to a park where kids play to do "the" business? I think it is pure laziness rather than disability. The fact that he calls his dog a "Service dog" is a disgrace. Please don't tell me the state qualified him for Social Security Disability, THAT would put this over the top. If he can't properly care for this dog, he needs to get rid of it, keep a picture of the dog....no fuss -no mess.

RedHandOfUlster: I'd get him a damn Poo-Chi... they still make them right? it has a button on top of its head that you push and its eyes light up in heart shapes. Its theraputic enough to know a shitass robot dog shows emotion to you.

make the dog do community service....100 hours of walking the elderly....

in cases like this, the dog should be taken away by DHHS .... oops sorry BANGOR HUMANE SOCIETY.... and given to a foster care SHIT I'm sorry adoption for pets... and that way the old man in the wheelchair can peacefully go the full measure to roam the field alone. and not have to worry about his dog shitting on the precious soccer field in Sangerville. $100 for a shit on a field. Hell I live in Monson and I see people shitting outside Monson General Store leaving a nice hefty log for tourists. As if monson had tourists, but I mean a good log would clog up some power wheelchair wheels.

100 for a crap on a field....ffs.....that must go towards baldacci's debt hes occured

I'm sure Baldacci would reccomend that the man be sentenced to community service picking up dog crap in said field, while other dogs play, and he feels alone. I'm not trying to be mean but come on... if Sangerville (albiet Sangerville (repeat again SANGERVILLE)) can tell someone not to shit in a field for $100 or a $200 fine...If I was the guy I'd get as many dogs as possible and release them into the field...or somehow light a fire in the field....then nobody could use it.

Get a sewer truck and pump sewage and waste into the field...dump it right out

or the alternative... NAPALM the field

UNDER COMMRADE OBAMA'S PLAN:

-OFFENDER WOULD BE 'RE-EDUCATED' IN A 'FIELD TOLERANCE CAMP'

-DOG WOULD BE PUT TO SLEEP

-OFFENDER AFTER SUCCESSFUL COMPLETION OF PROGRAM WOULD BE GIVEN MONTHLY STIPEND OF $500 AND A JOB CUTTING THE FIELD

-ALL HEALTHCARE WOULD BE DENIED UNTIL REPAYMENT TO SOCIETY WOULD BE COMPLETED (5-10 YEARS)

Just goes to show.....This guy paid almost as much in fines for dog poop than the nasty teacher who molested the boy!!! Now I ask...HOW PATHETIC IS THAT??????

Hopefully the guy is given a GIFTCARD for Ebay so he can purchase a large quanity of poopbags!!! OMG hrdwkngmom as a mother of teenage children I would want her face plastered on milk cartons in all 50 states and she should be registered as a sex offender for the rest of her life and the only job she would qualify for would be cleaning up dog poop in Sangerville.

To be continued................There is such a thing as an appeal process. This decision will be appealed to the law court. Do you prohibit a blind person with a seeing eye dog from going in a public recreation area Gracie? How do I make it look bad for other disabled people Gracie? I stood up for the rights of ALL disabled persons who use a service animal when I exercised the courage to say NO. We teach our childeren to "just say no", do we not?

All who commented, PLEASE come back and chrck this comment section. When the paralysis has left my hand, I intend on answering all who have commented here. I am James Stile. I have to get someone to type for me. Remember, I am disabled..to be continued. There was NNEVER dog feces!!!!

Hey Mr. Stile, I agree with you here. The best thing to do is to make its so nobody can go into the field...fence it off... children offend me in the field as well heh-heh

The jury in this case it seems couldn't see past there noses. Stiles was in court with his service dog. Doesn't that show that he has the right to go to a public place such as the park with his dog also? Should have been an open and shut case as Stiles must have had to prove to the court that in fact his dog is a service dog or they would not have let the dog in. His doctor testified to the fact that he was his service dog on the stand. What king of people have we got on the jury, people who are hand picked by the Government who will only rule in their favor? Dog Haters?

Well something was obviously wrong with the jurors as it was his service dog and the man has the right to go to any place that is open to the public with his dog. Maybe it was to close to Thanksgiving and they couldn't be bothered with such a case where a man dares to stand up for himself and for all of us when it comes right down to it. Stiles case would show that the town had no right to prohibit him from the park with his dog.

If Stiles dog had taken a dump on the grounds and Stiles had not cleaned up after it then that may be of concern, but that was not the charge nor the reason for a guilty verdict.

What concerns me most is the fact that a jury of our peers couldn't see past their noses on this case when it was so easy to see. NO wondee the country is in such a predicament with Big Brother controling even the media at this point. We The People have to begin to react to these intrusions in our lives, and this case effects all those who are disabled and in need of a service dog for what ever reason they need one. Usually it is the judges that have the power, but this time the jury is guilty. America land of the Free...

i would really like to comment here as i am the subject of discussion; "im jim stile. is there anyone who can take dictation and type? please emaile me at jimbo123@hughes.net

First, the field in question is not a park it is an athletic field. Anyway Jimbo you can always come to Guilford. We are a little more tollerent of the mentally disabled and we have a nice BIG public athletic field and several nice public parks for you to train your dogs.

Four points:

1. The ADA has nothing to do with access for a service dog when you are exercising it. The ADA only applies when a service dog is working. The court chose correctly on this case.

2. When in court, the person must prove that they are disabled as well as prove that their dog has been trained to be their service dog. A medical diagnosis does not make a person disabled; the person must have an impairment that substantially limits one or more major life activities (such as walking, seeing, hearing, caring for self, etc.).

3. A "calming effect" (or any other emotional support from just the dog's presence) does not make a pet a service animal. Only a whole lot of training does - the dog must be individually trained to do things that mitigate the person's disability (such as guide a visually impaired/blind person, alert to sounds for a hearing impaired/deaf person, retrieve objects for a mobility impaired person, alert to critical medical episodes such as seizures, etc.) and the dog must be trained to behave impeccably in public places.

4. The article states: "While Stile said ADA allows him the use of any public place, Almy said, 'That’s simply not the case.' He said ADA is not a blanket act that allows a person to go wherever he wishes even if lawful ordinances or policies prohibit it. Just because Stile is disabled doesn’t mean he is exempt from these restrictions, he explained." This is wrong. The ADA does grant access to disabled people into all public places it covers (which is almost everywhere). The ADA is above local and state laws as well as any place's policies such as "no dogs allowed". Service animals are allowed to be brought by their disabled humans into public places, such as restaurants, grocery stores, other stores, parks, beaches, hotels, etc. because they are medical devices (like wheelchairs, canes, and oxygen) and are not legally pets. They are highly trained to behave in public and they are trained to do tasks to mitigate the individual's disability. If Stile wants to watch a game at or take a walk around the recreational field just like everybody else can, he is allowed to do so with his working service dog (if he is disabled under the ADA's definitions and if his dog is a service animal under the ADA's definition) walking right at his side helping him. If Stile wants to exercise his dog, he needs to find a pet-friendly place to do it, as that is not allowed on the recreational field.

BURN THE FIELD TO THE GROUND!

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