Dog involved in lawsuit dies

Attorney general sued Southside Mall in 1997 after service animal allegedly wasn’t allowed

The Daily Star, By Mark Boshnack - Staff Writer

12/14/05

A local dog that had an impact on how people with disabilities were treated died Sunday.

An Alaskan malamute named Elkon and his owner, Victoria Deming, were involved in a lawsuit brought in 1997 by then-New York Attorney General Dennis C. Vacco against the Southside Mall, several people involved with the case said. He alleged a violation of the federal Americans with Disabilities Act.

Elkon was put down Sunday after pain from arthritis was too much for him, said Deming, 40, of Maryland.

The suit was filed after Deming, then a resident of Oneonta, was detained when she brought her dog into the mall, she said previously.

Deming used her dog for assistance because of a knee injury from a 1986 auto accident.

The case was settled the following year with the mall denying discrimination but taking steps to accommodate people with disabilities.

On Tuesday, Tonya Harmon, the mall’s general manager, said there are no current staff members who were employed at that time. The mall allows all service dogs, she added.

Christine Zachmeyer is the executive director of the Catskill Center for Independence, which helped Deming file the case.

She said the suit was important because it showed that the ADA was the law and had to be obeyed.

Since the case, Zachmeyer said, there have been fewer complaints about ADA violations in the area and more opportunities for the agency to help people comply with the law.

Her father, Richard Zachmeyer, was executive director at the time.

Christine Zachmeyer said she met Elkon during meetings on the issues.

He was "very friendly," which was good because he was such a big dog, she said.

"It has been very hard," Deming said Tuesday about Elkon’s demise.

Since she lived alone, she said, "he was my partner for eight years."

"A service dog is like an extension of yourself," Deming added.

Elkon wore a harness that had a handle, which provided her with support and helped her with such tasks as walking up and down steps, she said.

Because of the dog’s support, she said, she had the confidence to deal with many challenging situations.

When Elkon was retired in June, Deming said, he was replaced by Rosy, also an Alaskan malamute, who Deming said she taught to be a service dog.

But Elkon still accompanied them, she said: "Everybody knew him."

One of those who looked forward to seeing Elkon was Jennifer Dempsey, assistant customer service manager at Hannaford in Oneonta.

She has been with the grocery store for about 10 years but said she wasn’t aware of the dog’s place in local history.

Instead, she said, when Elkon came with Deming to the store a couple of times a month, "I’d make it a point to go up and see her."

Because of Elkon, Deming said, a lot of people were educated about the needs of people with disabilities.