Have You Heard about the Dispute over a Dog in Oregon?

Basically, this young woman found a lost dog.  She says she looked for the owner, but it turns out the owner lived near her and he reported the dog missing to the county animal shelter and checked in there regularly, and she apparently never contacted the shelter as she should have done about finding the dog.  He also says he put up signs in the neighborhood and he posted an ad about the lost dog on Craig’s List.  So there is some question about whether or not she even looked for the owner.

She decided to train the dog to be her service dog because she has asthma.  She says she trained him to bring her an inhaler when she needs it.  I’m not sure why she cannot carry her own inhaler in her pocket or something and most people with asthma are not considered disabled by it, not under the Americans with Disabilities definition, so there is also some question about her need for a service dog.  But she says the dog is now her service dog.

Then one day at a coffee shop, she and the dog happened to cross paths with the original owner, who recognized his dog.  He spoke to her and she agreed to return the dog to him the following day.  She did not return the dog, though; instead, she went out and bought a license for the dog (which by law she should have done long before then).  The previous owner had purchased a license for the dog when he was supposed to do so, but the new owner only did it when her ownership of the dog was challenged.

The new owner says since she’s had the dog for a year, and since she needs him because he is her service dog, she should get to keep him.  The previous owner says that since he reported the dog lost and since he does not think the new owner really looked for the dog’s owner when she found the dog, she should give him back.  The county animal control people investigated and they agree with the original owner.  They told the new owner to return the dog.

But she didn’t.  Instead she hired a lawyer and they are fighting about it.

Recently, she was arrested for refusing to return the dog and the dog is now being kept at the animal shelter until the case is resolved.

She is also now alleging that the original owner abused the dog by kicking him, beating him, and urinating on him and that because he abused the dog, she should not have to give the dog back.  I think it’s unlikely that a dog that has been severely abused had the temperament to become a service dog.  I also think it’s a bit odd that she’s only now making these accusations of abuse.

Of course, the fact that she trained the dog, or says she trained him, to be her service dog is not really relevant.  Animals, including service dogs, are considered to be personal property.  It doesn’t matter in the eyes of the law if the man lost his wallet, his pet dog, or his service dog.  It doesn’t matter how the young woman has used the property she found, whether she trained the dog to be a service dog or a circus dog or whatever.  The issue is who is the rightful owner of the property.

Here are some links to some articles if you want to read more about the case.

BeaumontEnterprise: Stray Dog Dispute Heads for Portland Courtroom  

TheBark: Whose Dog Is It? 

Huffington Post: Student Arrested in Oregon Dog Dispute