Pima County Sheriff's Department sued over denial of service dog

Celine A. Baker who suffers from a physical impairment to her left knee worked at the Sheriff’s Department as a call taker in the communications center until Jan. 16 when she resigned.

According to the lawsuit, which was filed in Maricopa County Tuesday, Baker’s ability to stand and walk is limited and her impairment causes her to lose feeling her knee and fall to the ground.

As a result, her orthopedic surgeon instructed her to use a service dog to help her in standing, walking and bracing against falls because the dog would avoid further muscle weakness and atrophy to Baker’s knee as opposed to using crutches.

Baker reportedly notified the Sheriff’s Department that she would need to use the dog at work but was told that she could not have the animal at work until it was certified, which Baker estimated would take one to three years, according to the lawsuit.

She was told to fax a note from her surgeon confirming that she had a disability requiring a service animal and another to establish that she still had a disability once the animal became pre-certified.

In March 2005, Baker faxed the first note stating that she was disabled and required the dog at work.

In October 2006 the dog became pre-certified. In January or February of 2007, Baker notified the Sheriff’s Department that the dog was pre-certified and that she had obtained a note from her doctor, the lawsuit said.

She was told that a new procedure was in place requiring her to submit a written request, which she did in June 2007 — two months after the dog was fully certified.

She was approved in August 2007.

A month later Baker was told by the communications manager that she did not need a service animal to perform the functions of her job as a call taker and said that the dog could create the following problems:

∫ - Create a trip hazard

∫- Distract other employees

∫ - Require more frequent deep cleaning despite Baker’s efforts to have the dog regularly groomed

- Cause odors and allergens

∫ - Impede retention of current and future employees by triggering allergies and animal phobias.

The Sheriff’s Department offered to allow Baker to select a work station and have certain materials near or at her station to reduce the need for her to get up and walk away, the lawsuit said. However, she was required to use crutches, which doesn’t eliminate the risk of muscle weakness and atrophy.

“The alternate measures offered did not reasonably accommodate Baker’s disability,” the lawsuit said.

The Pima County Sheriff’s Department declined to comment, Deputy Dawn Hanke, an agency spokeswoman, said.