The Milwaukee Post

24 • Milwaukee Post • July 5, 2013 Y O U R ★ N E X T J O B I S H E R E ! GREATERmilwaukeeJOBS.com • MILWAUKEE • WAUKESHA • OZAUKEE • WASHINGTON Your Next Job Starts Here Job Seekers ~ Search local and national jobs ~ Build resumes ~ Create saved search alerts to receive notifications when new jobs match your search criteria ~ Save job listings to view or apply to later ~ Easy to use and effective seeker tools to make job searches more organized and efficient Employers ~ Post and manage jobs 24/7 ~ Response reports to see how many times your ad has beeen viewed and applied to ~ Track and store applicants ~ Create and store custom folders to organize your applicants Y O U R ★ N E X T J O B I S H E R E ! GREATERmilwaukeeJOBS.com • MILWAUKEE • WAUKESHA • OZAUKEE • WASHINGTON Man with bird ruffles feathers in Waukesha Service birds not covered under ADA By BRIAN HUBER Conley News Service WAUKESHA – A former Marine and Army soldier who says an avian companion soothes his service-induced anxiety was given a cold shoulder by two downtown businesses last week. But under the Americans with Disabilities Act, no one is required to provide service to people using birds as service or emotional support animals. Lyle Krueger II of Waukesha contacted a sister publication of The Post after he was asked to leave Divino Gelato on June 25 and Nice Ash on June 27. Krueger, who said he was a veteran of the Marine Corps and the Army, was medically retired in 2011 – after, he said, his service led to a diagnosis of post-traumatic stress disorder. Krueger said he was part of the initial invasion of Iraq in 2003. He added he has paperwork from a doctor explaining that his pet macaw, Paco, whom he's had for about 18 months, provides emotional support. "He eases my anxiety," Krueger said. "I have PTSD, which the anxiety is derived from PTSD and he helps calm me down, basically, keeps me at ease." Krueger said he went in to use a restroom at Divino Gelato, after talking outside with the father of Joe Lester, husband of the owner. When he came out, owner Lori Lester told him the bird wasn't allowed. Krueger said he had paperwork showing the bird was a support animal, and gave it to Lori Lester, but took it back from her before she could copy it. That's when Joe Lester went outside and asked him to leave. "I said you are sitting at our tables, and as far as I am concerned you are trespassing on our property and you need to leave," Joe Lester said. "Over the course of 10 years we've had five, six people maybe who were belligerent and this guy was extremely belligerent. ... When I told him he needed to leave, he said, 'I'm going to close you down.'" Police arrived and told Krueger to be on his way . On June 27, a similar episode took place at the Nice Ash Cigar Bar, and Krueger called the police, but was again told to leave if the owner requested it. Nice Ash owner Jeff Barta said the overarching concern was safety and sanitation. He also described Krueger as "antagonistic." "Unlike a service dog, birds go wherev- Photo by Charles Auer/Conley News Service Paco, a pet macaw owned by Lyle Krueger II. er they want to go, and we're serving drinks and we serve some food and we would consider it to be a health issue," Barta said. "That's obviously not something you want to expose your customers to." Alicia Boehme, an advocate with Disability Rights Wisconsin, didn't know the specifics of this matter, but said in general birds are not recognized as service animals under the ADA. A 2011 amendment to it lists only dogs and miniature horses as service animals that must be allowed in public establishments. Boehme said she has seen people using dogs, miniature horses, cats, birds, and even goats and monkeys as service or emotional support animals in the past. And while some laws, like federal housing laws, allow for such animals, the ADA does not, she said. "The ADA does not recognize service birds," she said. "Over the years I've heard stories about individuals with disabilities who use different animals to provide services and they can be beneficial to people with disabilities. But according to the law in relation to access to private businesses, it's really dogs and there's a separate provision about miniature horses." Krueger said in the future he would try to frequent only places that will allow Paco to be with him, as "pretty much he goes everywhere I go," or find a way to leave the bird outside if he enters an establishment. He also said he would look for some type of diaper or other product that would prevent the bird's droppings from spreading if that is the concern. "There's got to be a way," he said. "I don't know where or how to do it but there's got to be a way ." Contact Brian Huber bhuber@conleynet.com

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