Monday, June 30, 2014

The Other Shoe Drops - and So Did My Stomach

Even cuter with a banana smile.

Hello friends - well, after a brief (too brief) respite, the other shoe has dropped. While opening my mail on Sunday, June 29, I came across a Letter of Claim indicating I was being sued over this whole mess. This is apparently the very first step down a path toward a civil suit. I didn't understand this initially because, well, I'm not an attorney.

This new information doesn't really change what I need to do. I will need an attorney to assist and guide me throughout this entire process - regardless of how it goes - and there are many possibilities about how this could go.

So, I have to do something I'm not at all comfortable with and actually find fairly humiliating. I have to ask for financial help because the legal fees will be significant.

As many of you know, I lost my job in September 2013 and have been unemployed since. I started freelancing several months ago, but it takes time to build up projects and clients. It looked like I was *just* about to break even in June, and then all this happened. The tiny amount of money I had in savings is gone due to what's happened so far and that's all I had for a buffer.

Now I'm being forced into a situation where I have no choice but to hire an attorney to defend Nano and me. My attorney is an excellent and comes highly recommended, but he's expensive (as most attorneys are).

Today, June 30, he asked opposing counsel to share the medical records and photos with us so we could examine them and have them forensically analyzed but that request was declined. We can't do anything about that. It's their right to decline at this time. Is it frustrating? Yes. Is it worth it to get mad? No. The process will have to get a lot farther down the road before we could do discovery and have the evidence shared with us - and - who knows, it may never get that far. Or it might, no way to know right now.

I'm not sure where or when this journey will end - but it's going to take funding to get there.

So far, it's been a pathway through one of my worst fears: being wrongly or mistakenly accused. So when I say this feels like a nightmare to me, I mean that literally. This has been the hardest experience of my life - emotionally, physically, psychologically - I'm a mess. (And yes, I am seeing a doctor tomorrow, I do know when it's time to get professional help).

I started a fundraising campaign on a site called CrowdTilt - it's a great place to do precisely this kind of fundraising because the percentage they take (5%) is much less than other fundraising sites, plus there isn't a minimum threshold. Several of you have already given generous gifts - for that I thank you sincerely. As for Nano ... well, he's grateful too, he just doesn't know it.

I know people will want to howl with frustration - please, let's not, we're better than that. It won't help - so let's keep it clean, people.

As I said, this is pretty much the low point of my life. I can only tell you that while am I being forced to fight this battle, I also want to fight it because I have to stick up for Nano - he's my best little buddy and brings nothing but joy to my life. I know what I saw, I know what the experts are telling me and those two things add up to innocence. I have to believe that truth and honesty will win the day - it's just going to be expensive to get to that day.

Here's the link, please consider a gift. Over on Facebook, it looks like each post reaches more than 5,000 (!) people - if everyone gave a couple dollars (literally) - I'd be in good shape (at least I sure hope so).

https://www.crowdtilt.com/campaigns/nano-the-day-the-usps-went-postal-on-my-dog/contributors

With heartfelt gratitude -
Alicia and Nano

Saturday, June 28, 2014

Official Press Release from the USPS = Good News For Condo Tenants


Nano sends his most enthusiastic thanks to all (and so do I)

I received an email this morning containing an official statement from the USPS. I must express my gratitude here to the USPS, specifically Consumer Affairs and the Postmaster's office, for making a lot happen in a short amount of time on Friday afternoon. Also, it is a huge relief to me to see, in writing, that a common sense approach will be taken to resuming mail service. That is all I've ever wanted from Day 1.

So, USPS, if anyone there is reading this: I sincerely thank you. It was a rocky path to get here and we both had to endure some difficult days, but I am grateful to see we have a reasonable, logical plan in place to resume service. I guarantee you, I will hold up my end of the bargain and continue to work with Minneapolis Animal Care and Control to resolve this issue and will endeavor to get you the official documentation of my compliance as soon as humanly possible after my MACC hearing on July 9 at 3pm.

The incredible news is that once the USPS can officially confirm I am in full compliance and/or have completed the MACC (Minneapolis Animal Care and Control) requirements and/or the case is overturned, then they will resume mail service!

Each and every one of you made this happen - thank you so much. This is your win as much as it's a win for the residents of the condo and, hopefully, for Nano and I too.

I wish I could officially clear Nano's name, but I can't do that without photos or medical records being turned over to my attorney for forensic analysis. But that may be a bigger headache and financial commitment than I'm able to invest.

In the meantime, I am planning to live by the guidelines I suggested to the USPS on June 19, whether or not they require it too. Mainly because I want to protect Nano from mail carriers - an unfortunate consequence because he has had many mail carrier friends over the years but one I think it is prudent to take.

Here's the press release from the USPS:

Statement - U.S. Postal Service 
In the past year, 32 Postal Service letter carriers in Minneapolis were bitten by dogs. That number ranks 11th worst in American cities. There have been numerous other attacks that did not result in actual bites.

The dog attack on a Postal Service carrier on June 10 produced a bite wound on the carrier's upper thigh near the groin area, with puncture marks and bruising that required medical attention. At that time, the decision was made to curtail delivery to that address. We have concluded that once the dog owner is in documented compliance with all requirements as specified by Minneapolis Animal Control, we will resume delivery. 
"The most important duty I have is to provide the safest working environment possible for our employees," said USPS Northland District Manager Anthony C. Williams. "Part of that is doing everything in my power to ensure that no employee ever has to be a victim of a dog bite. We empathize with the residents who were impacted by our decision to suspend delivery, but ensuring the safety of our employees and customers will always be our first concern. We will work to resolve this and get delivery back up and going as soon as possible."

Thank Yous and What Next?

Bri was our photographer and deserves a round of applause.


Time for thank yous and public recognition. First, to all 3500 of you who called the USPS on Thursday - that was approximately 7 calls per minute for 8 hours. Unless I'm messing up my math. That is crazy.

I suspect, an even larger number called on Friday. For that, I thank you from the bottom of my heart.

If I could give each of you three wishes, I would, or maybe a magical sparkle pony or whatever your hearts desire. You made this happen and Nano and I are so grateful.

Now, a few folks really helped me as I stumbled through this experience. I had no idea what I was getting myself into and couldn't have done any of this without advice, input, support and quite a bit of technical help. Very special thanks to:

Kris, Jacques, Jessica, Sarah, Maggie, and all the residents at the condo for being on my side and being so supportive.

Bonnie, Abigail, Kari, Kim and Lisa for the media advice, outreach efforts, practice interviews, help with my hair and pep talks. The success of that KARE 11 interview rests in your hands.

Bri for the awesome photos I've used on the blog and the Star Tribune used in their story. And for answering all my newbie blogging questions.

Tim for specialized advice that I know will come in handy soon.

Mark for reaching out to a stranger and reassuring her. You're a gem.

Kara for dog walks and moral support.

Andrea and Ray for your generous offer.

Patty and Betsey for giving me some space to deal with this. I think you ladies knew what was coming my way before I did. I am eternally grateful to be a part of your lives and your growing business. Thank you so very, very much.

Liz and Abe the Babe for getting creative and inspiring me on how this whole thing could come to life online. Your generosity knows know bounds and I love you both.

Jon Tevlin, the guy who got this whole thing started by writing an article about this situation. I think we were both surprised at the response - okay, maybe you weren't, but I sure was.



Allen Constantini - The man who dared to cuddle Nano The Beast (and was licked on the face for his trouble). KARE 11, you did a wonderful job and guess what else, you were the tipping point. The statement the USPS released to you was the first documented proof that our mail service will be restored once I've completed MACC's requirements. Our gratitude is unending.

Senator Al Franken's office - your calls to the USPS also applied pressure and got things moving in the right direction: a reasonable, logical, no-cost solution that achieves the goal of ensuring USPS mail carriers will not need to encounter my dog, despite the fact that he loves mail carriers because he's known so many great ones, is not aggressive, and didn't/wouldn't bite anyone.


And, of course, my family for listening and understanding and supporting me.


I will be keeping this blog updated as things are resolved over the course of the next few weeks and will also be thinking about how I can turn this experience into something that can help dogs and dog owners across the country. There must be a larger lesson here and if I can use this to help others, I will.

Love from - Alicia and Nano

The Official USPS Statement

Downtown Minneapolis Post Office


Statement - U.S. Postal Service

In the past year, 32 Postal Service letter carriers in Minneapolis were bitten by dogs. That number ranks 11th worst in American cities. There have been numerous other attacks that did not result in actual bites.

The dog attack on a Postal Service carrier on June 10 produced a bite wound on the carrier's upper thigh near the groin area, with puncture marks and bruising that required medical attention. At that time, the decision was made to curtail delivery to that address. We have concluded that once the dog owner is in documented compliance with all requirements as specified by Minneapolis Animal Control, we will resume delivery.
"The most important duty I have is to provide the safest working environment possible for our employees," said USPS Northland District Manager Anthony C. Williams. "Part of that is doing everything in my power to ensure that no employee ever has to be a victim of a dog bite. We empathize with the residents who were impacted by our decision to suspend delivery, but ensuring the safety of our employees and customers will always be our first concern. We will work to resolve this and get delivery back up and going as soon as possible."

Friday, June 27, 2014

Nano's Is a Star + the USPS Budged About a 1/2 Inch (Better than No Budge At All)

Nano's 15 minutes of fame (we hope)
The biggest things that happened today were:

  • I got some work done - you know, the stuff that pays the bills!
  • Nano (plus Kris and I) were interviewed by Allen Constantini from KARE 11. It is a great piece that really focuses on the mail delivery issue, which I'm glad about because there are 10 households being inconvenienced mightily.
    • Something I want to say here that didn't make it on air has to do with ALL dogs - regardless of size or breed. Dogs and their people must know they will be treated fairly by the USPS. And that there is a documented process that will be followed for ALL dogs/dog owners. And there needs to be an appeal process. And there needs to be proper documentation that attorneys, Animal Control and other legal professionals may review if the event is in question.
  • I did receive calls from a USPS Consumer Affairs Official as well as an official from the Postmaster's office. These are the first two calls the USPS has initiated to me in 17 days. I've called them and managed to get people on the phone, but NOBODY has called me until today - I call that progress. Minor progress, but still ...
    • Consumer Affairs worked hard to urge some kind of decision to take the heat off for the June 30 deadline - so that was good. 
    • The Postmaster official said the USPS is willing to hold off on any final decision until the MACC (Animal Control) hearing is complete. At that point, they will "discuss mail service". Let's just say that while I appreciate the heat being turned down, the stove is still turned on. We will see what happens after the MACC hearing. We could easily be back to where we are right now, except with more evidence supporting Nano in it's completed form. Maybe I should be a little more trusting of what the USPS says ... actually, no, I shouldn't. If Nano is guilty until proven innocent, then so is the USPS.
  • My MACC hearing is July 9 ... I just found out this evening
  • I asked again for the medical report and photos to be shared with my attorney so we could hire a forensic expert. The USPS said that they wouldn't release that information for a MACC hearing. I asked if I would have to initiate a federal suit to obtain the information and clear Nano's name and the answer was, "All I'm saying is that we can't release it for an Animal Control hearing." So, reading between the lines, yes, I would need to initiate a federal lawsuit. So, you know, give a few dollars if you can - no pressure: https://www.crowdtilt.com/campaigns/nano-the-day-the-usps-went-postal-on-my-dog/contributors
  • And you guys ... really, you guys ... whatever you've been saying, it's working! 
That's what I've got for you.

I'm going to give some thought about our next call-to-action and post it Sunday night/Monday morning. I just want to think about the proper response now that we're on a holding pattern. 

As always,
Thank you, thank you, thank you!
 
- ap and Nano, TV Personality


TGIF - Let's Give The USPS Something To Think About Over The Weekend

This is Nano's patented "Look of Love" --
It's how he looks at me all the time, every day, even right this minute.

Wow. You people know how to party. Yesterday was one crazy day! All I can say is thank you. Our efforts were impressive and  this is what happened:

  • 3500 calls to the USPS (keep calling! #s below)
  • Jon Tevlin's article shared 1500+ times
  • I got a FB page set up for Nano: http://goo.gl/zdIKVk
  • We were #1 on Google for various search terms
  • I'm being contacted by the media
  • And, the USPS appears to have blocked the name Nano from their Twitter feed


Here's what you can do to help today:

  • Call the USPS again today. If we can get even more people to call on the second day, that'll give them the message, loud and clear. 
    • Postmaster General in Minneapolis: 612-349-4400
    • Powderhorn Station: 612-722-3973

    • The national toll-free number 1-800-275-8777 - at the voice prompt, ask for Customer Service and when you get someone on the line (I didn't have to wait long) refer to case # CA-118435565. I opened that this morning. They will add notes if people call.
    • USPS Consumer Affairs: 612-349-4401

  • Share on Facebook and Twitter - share the phone numbers above and ask others to call
  • Send any media contacts you have to me at JusticeForNano@gmail.com. Also, contact them yourself if it's someone you know personally. Share the link to Jon Tevlin's story with them:
    • http://www.startribune.com/local/264676911.html#oZLBwSXPJ7RDK20x.97

Wednesday, June 25, 2014

There's a Policy for That ... or Maybe Not ...

A mailing sent out to Minneapolis residents around June 16 (6 days AFTER the incident with Nano)

Throughout all of this, it has seemed to me that something just wasn't right about how entrenched the USPS was in their position. I've spoken to attorneys, the Minnesota Attorney General, Keith Ellison's office, Al Franken's office, my own attorney, multiple MACC officers, and the animal behaviorist I'm working with as part of Nano's mandated training and they've all said essentially the same thing: We have never seen the USPS overreact so strongly to something like this. It's absolutely bizarre.

Another aspect of this that is very odd has to do with timing of the incident and the Zero Tolerance Policy I've been hearing about recently.

The incident happened on June 10.

On June 16, when I picked up my mail at Powderhorn (I was so afraid to go in there based on how I'd been treated over the phone by PH, the station manager, that I was shaking the whole time). So, I pick up my mail and sort through it when I got home. I found a postcard from the USPS about its Zero Tolerance Policy.

On June 19, I first heard the USPS Zero Tolerance Policy referred to by Ms. D. in relation to the incident with Nano.

I then informally polled a few folks who live in Minneapolis and they, too, had received the same postcard around the same time as me - June 16, give or take.

So, here's what's happening. This policy, which was just communicated out to Minneapolitans last week is being retroactively applied to the incident with my dog.

This cannot possibly be legal.

I actually asked PH, Powderhorn manager, how far back the USPS planned to go as they retroactively told dog owners who have had any kind of incident with a mail carrier that they need to kill their pets.

PH said we weren't talking about other cases, we were talking about mine. A classic, non-answer.

This just can't be right, though. A good question to add to my list of things to ask my attorney, I guess.

I can guarantee you that the USPS took none of the steps listed below. None. Not one. And when asked about it, they initially said something about "local stations can make their own policies", yet Powderhorn doesn't apparently have any of their "own policies" written down.

And then, once the Zero Tolerance mailing went out, they started relying on that instead.

For all you dog owners out there, just know that there is no policy. The USPS will do whatever they want to you and your dog. Even if you can prove, beyond a shadow of a doubt that your dog did not bite, bark, scratch, looked cross-eyed at a mail carrier ... it won't matter.

It. Won't. Matter.

And that is a terrifying prospect. I am terrified of these people.

They are systematically boxing me into a corner where I have fewer and fewer reasonable options, which makes no sense when there are so many reasonable, no-cost, easy-to-implement options we could start doing tomorrow that would "obtain a safe environment in which carriers can do their work."

Here is what the USPS policies are around "animal interference" - this is from the Postal Bulletin, dated May 1, 2014 (PB 22388), which is hardly out-dated material.
Progressive Warning Letters and Thank You Letter
This section offers materials for you to use to help your letter carriers do their jobs more safely. You can use the progressive warning letters to alert dog owners to the possible loss of mail delivery if they do not restrain their pets. Additionally, don’t forget to send a letter of thanks when they do!
Warning letters, like collection letters, need to be handled tactfully. The first and second sample letters on the website tell customers what we want them to do. The third tells them we have taken corrective steps. The fourth and fifth letters detail the customers’ options. In using these letters, keep in mind that our purpose is not to police the neighborhood but to obtain a safe environment in which carriers can do their work. Though most customers will respond to your first polite request, be meticulous in following up if they don’t. Otherwise, your efforts will not be taken seriously.

Nondelivery of Mail Policy
The availability and use of the repellent does not replace the policy of nondelivery of mail where there is animal interference!
Collection and delivery service personnel are to report the name and address of the customer where such interference occurs to the Postmaster or authorized supervisor, who must immediately telephone the customer and request that the animal be confined during the usual delivery hours in the neighborhood. The Postmaster or authorized supervisor must further inform the customer that (1) no deliveries will be made until this is done, and (2) service will be restored upon assurance that the animal will be confined.

USPS Policies and Written Recommendations

Cover of USPS publication Postal Bulletin, dated May 1, 2014
Issue code: PB 22388

I found this information in a USPS publication called the Postal Bulletin. The May 1, 2014 (PB22388) cover story focused on National Dog Bite Prevention Week, which was May 18 - 24, 2014.

This information was included in the story - I have added the yellow highlights and bold typeface:
Progressive Warning Letters and Thank You Letter
This section offers materials for you to use to help your letter carriers do their jobs more safely. You can use the progressive warning letters to alert dog owners to the possible loss of mail delivery if they do not restrain their pets. Additionally, don’t forget to send a letter of thanks when they do!
Warning letters, like collection letters, need to be handled tactfully. The first and second sample letters on the website tell customers what we want them to do. The third tells them we have taken corrective steps. The fourth and fifth letters detail the customers’ options. In using these letters, keep in mind that our purpose is not to police the neighborhood but to obtain a safe environment in which carriers can do their work. Though most customers will respond to your first polite request, be meticulous in following up if they don’t. Otherwise, your efforts will not be taken seriously.

Nondelivery of Mail Policy
The availability and use of the repellent does not replace the policy of nondelivery of mail where there is animal interference!
Collection and delivery service personnel are to report the name and address of the customer where such interference occurs to the Postmaster or authorized supervisor, who must immediately telephone the customer and request that the animal be confined during the usual delivery hours in the neighborhood. The Postmaster or authorized supervisor must further inform the customer that (1) no deliveries will be made until this is done, and (2) service will be restored upon assurance that the animal will be confined.

Want To Help? Call the USPS - Since They are Allergic to Phones, Let's Give Them A Ring


Hello Friends, Old and New -
You guys are restoring my faith in humanity. Let me tell you, the USPS can crush that faith down pretty fast - actually it took about 2 weeks for me to feel about as deflated and defeated as I've ever felt in my life.

You fine, fine people want to know how to help. Please know, you already have by the outpouring I've experienced since Jon Tevlin's story went live tonight on StarTribune.com. Thanks to Jon for such a wonderful piece.

He hit the main points, but there are a lot more details to the story, which I'll be sharing here as I can. 

What can you do to help?


Call the Postmaster General at 612-349-4400 and/or Powderhorn Station at 612-722-3973. Let them know you are calling in support of Alicia Patrick and her dog Nano. 

You will be told to call a PR guy, but that's okay. Tell the PR guys the info below about what we want to happen. But still, make the calls to the Postmaster General and Powderhorn Station - they have wasted days of my life with this nonsense, let's waste some of their time too and make sure they know people won't stand for this kind of abuse.

Politely and respectfully ask the USPS to:
  • Resume mail service to ALL the tenants in the building.
  • Accept the list of good faith precautions provided on June 19 as a way to ensure mail carriers can confidently deliver mail to our building. Here's what I offered to do:
    • Keep Nano inside my apartment from 8-10am each day mail is delivered.
    • Be cautious exiting for walks at any time of day on mail delivery days - I can see down the stairs to the mailbox slots and if the mail carrier is there, I will wait until they are gone or go out the back exit.
    • Create distance if I see a carrier in the neighborhood.
  • Allow Nano and I to stay in our home together.
  • And (new item), agree not to "keep an eye on me" if/when I move. They say they won't track me, but that's exactly what they are saying they will do. And then they'll start this whole thing all over again - or so they say - shutting down mail service to the entire building I move in to. This is outrageous.

If you'd like to do more, please know that Nano's legal fees are mounting and if you would like to donate to that fund, there is a CrowdTilt set up here: https://www.crowdtilt.com/campaigns/nano-the-day-the-usps-went-postal-on-my-dog/contributors

No pressure, of course.

Thanks again for the support, you guys. I went from feeling like a droopy, sad balloon to a bright, strong, red balloon in mere moments thanks to each of you. Nano also says thank you.

xoxo -
alicia & nano

Tuesday, June 24, 2014

The "Incident" - there are two sides to every story

Is there anything cuter than a dog in a bike basket?

First, let me acknowledge something - after any incident involving your dog, the reaction seems to be to protect and deny.

I'm not that gal.

I'm the person who accepts responsibility immediately and then works to resolve things. So, keep that in mind as you read through this story.

Next, there are two sides to every story. I can really only tell you my side, but I will share information from the other side.

The reason I'm telling this story at all is because Nano and I have been put in a lose-lose-lose situation by the USPS.

The USPS is, essentially, extorting all the residents of the condo building where Nano and I live through a unilateral decision made on June 23. Of course, the USPS hasn't actually told me their "final decision" but they did tell the condo association president when he went in to pick up his mail that day.

Their final decision, which supports a "zero tolerance policy" rolled out in Minneapolis after the incident described below, is that Nano (and I) must move out of our home - by June 30 - yes, that is next Monday for those keeping track at home.

If we do not comply, then all the mail coming to every resident in our building will immediately be returned to sender.

Like I said, it's extortion. And unreasonable. And terrifying. And I've been trying every single day since June 11 to talk to USPS managers and supervisors to reach a reasonable resolution. More on that later.

Why they haven't communicated this directly to me ... well, that's par for the course with the USPS, as you'll learn if you read on.

Let's start at the beginning

June 10, approximately 9am
Nano, my 11-lb, 6-year-old Coton de Tulear and I headed out for a quick bathroom break - for him, not me, I use the inside bathroom.

We left our building, near 40th & Chicago, where we rent a condo, and turned south down Chicago Ave.

I saw our new postal carrier heading toward us and I thought, "I want to see if she has that package for me and now might be a good time to introduce her to Nano."

In retrospect, I'm a complete idiot for thinking either of these thoughts.

As we got closer, I noticed Nano was getting kind of excited. I figured it was because he's had plenty of mail carrier friends and you never know what they might have in that bag of theirs. So, I crouch down on the edge of the sidewalk, hold his leash close to his collar to have a more controlled greeting and, just as I was thinking of picking him up, his leash detached from his collar.

How? I don't know. I looked at it, Animal Control looked at it, the behaviorist I'm required to work with looked at it ... nobody can find anything wrong with it.

But, it happened and while it's not my fault, it is, without doubt, my responsibility. A responsibility I have accepted since the moment it happened.

Nano dashed on over and stood in front of the carrier, we'll call her SP. He stood on his back legs, and made this digging motion with his front paws and barked a couple times to say hi. All this time, his tail was wagging, but still I leapt up from the crouched position I was in and took two big steps over to him and swooped him up, got his leash clipped back on to his collar and said, "Oh my god, I have no idea what just happened with his leash! Are you okay?"

SP said, "yeah" and then kept on walking down the sidewalk toward our building.

While I didn't think it was strange at that moment, in retrospect, it's odd that if she was bitten (and she wasn't) she didn't react *at all*. No scream/yell, no reflexive jerk back from the source of pain, no nothing. That's weird, right? I mean, sure I think it is.

Nano and I also continued down the sidewalk in the opposite direction. Nano had a quick pee and then I decided I needed some tea, so we make a u-turn and headed back for our building. As we approached, I saw SP (the mail carrier) just dialing a code into our buzzer box. I picked up Nano and tucked him under my right arm and offered to let SP into the building. I unlocked the door, entered the building and started up the stairs. (Note: IMHO, these are not the actions of a guilty person. I'm just saying.)

SP opened the bank of mailbox slots and started delivering the mail. Then, I remembered I had a question about a package. I turned around on the stairs and said, "Amid all that excitement, I forgot I have a question for you." SP pulled out one of her earbuds and looked at me expectantly. "Do you happen to have a package for me that requires signature?" She dug around in her bag, didn't find anything, I thanked her for checking, she said something about leaving a peach-colored slip for anything requiring a signature ... and that was pretty much it.

She wasn't quaking in fear due to Nano's proximity - he was still tucked under my arm and not making a sound. She didn't mention anything about being hurt/injured. She seemed completely fine.

That's all well and good, Alicia, but what about SP's side of the story? 

I shall quote from the report she made to Minneapolis Animal Control. I'll also be posting the full report once I redact the personally identifying info like names and addresses - because while I want the whole story available, I don't need to be a jerk about it.

SP claims several things, such as:

"... the female released the lock on the flex leash, allowing the dog to run toward [SP]." <<< No, I was reeling Nano in and making the leash shorter.

"... SP instructed the woman to grab the dog ..." <<< Actually, no, SP said nothing. She had her headphones in, I'm not even sure she noticed us.

"... The woman grabbed the dog, but then took the leash off the dog and let it go." <<< Okay, really? What person would purposefully take their dog off-leash with the express purpose of encouraging it to attack someone? This is amazeballs in its lack of logic. Also, look at Nano. Little dude is an oversized cotton ball with legs. 

"... The dog ran up to SP and started sniffing her leg and then without warning, jumped up and bit her on the inner thigh, causing multiple punctures." <<< Okay, yes, Nano did run up to her. But he is 9 inches tall at the shoulder - in order to bite the inner thigh of this woman, he would have had to levitate and twist sideways. I can guarantee he didn't do that. He also didn't do a super-high leap into the air - I would have noticed that. Also, interestingly enough, I've been told there are photos but haven't seen them.

"The dog let go and attempted to bite SP a second time, so she started kicking at the dog." <<< Again, if my dog had been hanging from this woman's inner thigh, I sure would have noticed and insisted on taking her to the doctor myself IMMEDIATELY. And if SP had kicked my dog, we would have had some words. As much as I'd like to say this woman is a big meanie who kicked my dog, she didn't. She stood still through the whole thing, which is actually the smart thing to do when an unfamiliar dog is near you and because she stood so still, I noticed it.

I'll be telling the whole story over a series of posts. My experience thus far is that people really want to help and make suggestions. Here are a few pre-answers to the common questions/suggestions I get:

  • I appreciate your ideas. Share them.
  • I've been trying everything I can think of to get this sorted out.
  • The other residents in the building where I live have been great and supportive and have also called the USPS daily.
  • I've remained as calm and reasonable and conciliatory and respectful as I've ever been in my life - in the hope that the saying "cooler heads shall prevail", but I've gotten exactly zero places.
  • I have hired an attorney but I'm trying to keep him out of the USPS stuff because the moment he gets involved is also the moment the USPS lawyers from DC get involved and then this whole thing turns into a very lengthy (months or years) and expensive prospect.
  • My attorney is really good and has been doing these kinds of cases for decades. His name is Marshall Tanick.
  • Minneapolis Animal Care & Control has some of the strictest dog laws in the country. They are a force to be reckoned with. Pray you do not ever need to reckon with them.
  • There is a whole lot about the USPS behavior that is bizarre and doesn't make sense. 
  • Please don't be a dummy and not get your pets licensed. I did not know about this requirement. Go do it now.


Monday, June 23, 2014

The Next Day (when I pretty much went into shock and haven't snapped out of it yet)

So, this thing happened (see The Incident) but I wasn't giving it any thought because ... there wasn't anything to think about. Another stellar example of my complete lack of psychic vision.

Life continued on until about 11am on Wednesday, June 11 (happy 75th birthday, Dad).

Honest to god, he's a small, cute dog. Look at that face!
I was at, JR's house (a friend of mine) and Nano was at home - the home we are about to lose because the USPS can't seem to pick up the phone and have a reasonable conversation with a reasonable person, but I digress.

I got a text from my neighbor saying that Minneapolis Animal Care & Control (MACC) was looking for me. Wait, what? Why? She said she didn't know but it didn't seem like the MACC officer knew my name.

I was perplexed. The only thing I could think was that it must have something to do with the encounter with SP, the temporary mail carrier, from the previous day.

I immediately call Minneapolis Animal Care & Control (MACC) and let them know I'd just heard someone was looking for me. I explain who I am, etc. and they tell me that a USPS mail carrier has accused my dog of biting her. My brain sort of flat-lined at this point. I think I said some things like:

"Wait, what?!"
"Uhhhhhmmmm."
"My dog?"
"I'm dumbfounded ... I don't even ..."
"Could there be some kind of mistake?"

The person I was speaking to said MACC needed to meet with Nano and me to take a statement. We settled on that evening. But, I also recounted the event (yes, including that the leash malfunctioned because I'm a stupidly honest person).

I do remember saying, "I hope we can get this all straightened out because there must be some mistake or reasonable explanation." <<< That statement right there another moment that makes me think, "Oh Alicia, get it together, so naive."

I then called my friend, KC, who knows pretty much everything there is to know about animals, especially dogs. She also cuts my hair and brings me Key Lime pie during times of crisis and celebration. Essentially, she is my life partner even though her boyfriend doesn't know it. <<< Surprise, Jeremy!

She suggested I call the USPS and talk to a manager at my local station. This station happens to share a name with a park where there is a huge May Day celebration every year and rhymes with ChowderCorn.

So, I did. Naive, trusting, reasonable me. I called and found myself in the center of a cyclone full of flying razor blades and a deep hatred ... for me.

This phone call ranks in the Top Three Most Upsetting Calls of My Life. The other two involve learning about the death of a loved one. I'm not kidding, this was a rough call. I sure wish I'd had the presence of mind to record it, but I didn't because the previous call with MACC had already shorted out my brain.

I reached a manager, Mr. PH, right away. Identified myself and said I was very confused. I'd just spoken to MACC and they said a mail carrier had reported my dog for biting her. I said I wanted to get things straightened out because I thought there had been some kind of mistake.

That was when the tirade began. I was yelled at for accusing his mail carrier of lying (I actually hadn't said that, I was still thinking this was an honest mistake). I was yelled at for being a liar.

I was informed, in no uncertain terms, that my dog was a "vicious animal" and that Animal Control was going to take him away and "destroy him immediately".

Mr. PH said that the USPS was stopping mail service to the entire building where I live, effective immediately.

When I said, "You can do that?!" Mr. PH said, "I can do anything I want to protect my people from vicious dog attacks like my carrier endured yesterday."

PH said the only way he would resume mail service was when MACC provided their report and recommendations, which would be to kill my vicious dog. MACC would also need to confirm I was in compliance with their requirements. <<< This is a key point. After the USPS saw the report, they didn't like it. It was fairly mild. This doesn't support the USPS version of events and also doesn't support the severity of the event they are trying to prove. If they successfully prove a traumatic/violent event, the mail carrier can get a big pay out, or so I've been told by some mail carrier friends.

At one point, I said that during the incident, SP hadn't given any indication of pain or fear. Not even a flinch.

I realized this conversation wasn't going to get any better. I let Mr. PH know I was meeting with MACC that evening and I was hopeful we'd get things sorted out.

I got off the phone and immediately started bawling my eyes out.

I couldn't make sense of how I'd been treated or spoken to - like a criminal, like a piece of trash, like a lying scumbag. I felt like I'd stepped into a surreal nightmare.

And, that, right there, was probably the most prescient moment I've had in the last 2+ weeks. I would continue to be treated (and feel) that way.

My work/fun day with my friend was ruined. I was a basket case and just wanted to get home to Nano and apologize to him for whatever I did to get us into this fiasco. Nano, being a thinking woman's spaz-a-matazz, forgave me instantly. God love him, he's a brilliant and loving little fellow.

A reflective moment as Nano realizes he is smarter than me.

Getting our MACC* On (*that's Minneapolis Animal Care & Control)

During the quarantine, Nano was too depressed to even look outside.


June 11 - 20

You wouldn't think that after an alleged false misleading "creative" report of a dog bite, that I wouldn't have much good to say about Minneapolis Animal Care & Control, but you would be wrong. There are some fine people working there, dealing with very challenging situations every day.

The officer who came to take the report on the evening of June 11, NE, was calm, objective and informative. I'm grateful because I was a hot mess.

The scariest part of the evening was when NE said Nano would be put on a standard quarantine for 10 days. His vaccinations were up-to-date, so this "quarantine" was in our home.

For 10 days we could only go out for short bathroom breaks and then had to head right back inside. So, that's what we did. I had to cancel some social events because people couldn't come over and things like that, but all in all, it could have been a lot worse.

The nerve-wracking part was waiting for the MACC final report and recommendations. I had no idea what to expect. There are two designations they can choose: Dangerous or Potentially Dangerous. For now, Nano is designated as "Potentially Dangerous - with Training". This is the lowest/mildest option available to them - or so I've been told by three different MACC officers.

For the next 4 weeks, Nano and I will be working on training and are required to use a 3-foot leash during walks. No muzzle** or other restrictions.

**This is a big deal and a very good thing, per the animal behaviorist I've hired to help assess and train Nano. She said that virtually every dog bite report includes requiring the dog to wear a muzzle when they are out walking. Her interpretation of this 'no muzzle' thing is that MACC doesn't see Nano as a threat to the community. (Update: after meeting with the new director and the officer who helped write the report - they aren't worried about Nano at all.)

So. Yay for Nano! One point for the little guy!


Meanwhile, back at the USPS ...

Phone calls still not being returned. The other tenants and I continue to be given the run around, spoken to rudely and generally treated with disrespect. We can't get a straight answer from anyone or people don't know the answers. I'd go through all the details, the calls, the voice mails, the tears and gnashing of teeth, but why ... you can imagine what it was like, I am sure.

During the week of June 16 - 20, we were all trying to get in touch with a supervisor, Ms. D. I left message after message via my contact in Consumer Affairs, Mr. J. He kept saying I needed to wait and let the local post office station team review things and they'd reach out when they were ready. I should give Mr. J. credit here - he never yelled at me or made thinly veiled threats. He was polite, professional and clear about what he could/could not help with.

When I finally got Ms. D. on the phone, I was told that *she* had been waiting for *me* to call her. Forgive my skepticism, but ... yeah, right.

The main thing we talked about were my ideas for how to resolve this issue and create an environment where mail carriers could confidently deliver the mail to our building. We talked it through verbally and Ms. D. told me to write it all down and bring it to the station manager, PH. I asked if the letter needed to be notarized and Ms. D. said it did not.

I got to work immediately and this is what I hand-delivered to PH at ChowderCorn Station on June 19 at about 1pm.


June 19, 2014

To the United States Postal Service - Powderhorn Station

In order to reach a resolution and restart mail delivery service to all the residents at 0000 Chicago Avenue S., Minneapolis, MN 55407, I propose the following good faith precautionary measures, which go above and beyond what Animal Control is requiring of me.
  • Mail is usually delivered at approximately 9am to 0000 Chicago Ave. S. I will keep my dog, Nano, inside my apartment during the hours of 8-10am, on days mail is delivered (barring an emergency such as a building fire).
  • In recognition that mail is not always delivered at the same time every day, I will further listen and look down the front stairwell (it’s an open stairwell, I can easily see/hear when mail is being delivered from the 3rd floor of the building) before bringing Nano outside for bathroom breaks. If mail is being delivered at any time of day, I will either:
o   Wait for the mail carrier to leave the building and be out of sight or
o   Use the rear entrance of the building that opens to the alleyway to bring Nano out of the building
  •   If I see any mail carrier in the neighborhood at any time of the day during bathroom/exercise breaks with Nano, I will use any means possible to create distance, such as: crossing the street if traffic/pedestrian lights support that action or walking the other way.
I welcome the opportunity to discuss these precautionary measures in person or over the phone. I also welcome other reasonable suggestions to ensure mail may be delivered to 0000 Chicago Ave. S. with confidence.

Thank you for your consideration and cooperation in this matter.


That's a pretty nice letter, right? I worked on it really hard. I had four people read it to ensure the tone was okay and that I was being clear and respectful.

I also found and referred to a USPS publication called the Postal Bulletin to guide my suggestions. The edition (PB22388) was from May 1, 2014 and can be found online, right here. It had all sorts of great information about how the USPS should work with customers when there are any issues with dogs. It's actually really impressive how much community outreach and work the USPS puts into this issue - as they should. <<< I'm now done giving them credit for anything positive. They haven't earned it.

Guess when I heard back from the USPS after I delivered that nice letter with logical, no-cost, commonsense precautions? Never.

It's now June 25 and I have called and left messages every single weekday and exactly nobody has gotten back to me to discuss the letter or offer their own reasonable suggestions.

Wait, What Are My Options Again? Oh, Kill My Dog? I Don't Think So.

Small in stature, big of heart

On June 20, I had the first assessment scheduled with the MACC-approved trainer/behaviorist. It only took me 4 days from the time I received the MACC report and recommendations to get started on the training program - MACC complimented me on my speed, so I must be doing something right here, even though it doesn't always feel like it.

I was feeling pretty good on Friday afternoon - we were making positive progress! And even though Nano is a pretty good dog, there are always (always) things to work on with dogs (and people too).

Then I got a call from the condo association treasurer, Kris. A letter had been posted on the door of the building from PH, the manager of Powderhorn Station. It sounded scary and had ultimatums and timelines. Kris wanted to know if I'd heard back from anyone at the USPS regarding the letter I gave them on 6/19. You can find my solution letter at the bottom of this post.

I told her that I hadn't and asked what the USPS letter said. I maybe shouldn't have asked this question while I was driving a car because by the time Kris was done, I was hysterically sobbing and completely confused.

I pulled my car over and frantically checked my voicemail - did I miss a call from the USPS? Did they want to talk to me about their ideas for how to resume mail service? No. I checked my email but then remembered nobody at the USPS had asked for my email, so there wouldn't be anything there.

I then saw an email from Kris, sharing the letter with a core group of us at the condo who had been dealing with this: me, my landlord, the condo association president, a condo owner who used to practice law in Minnesota and Kris.

Here's what they said, typos and all:

"06/20/2014
Subject: Discontinuation of Delivery Due to Prevention of Dog Attack

Within current Postal Service policies, I must ask you to, within the next ten days, please choose one of the following options:

  1. Rent a post office lbox to receive your mail
  2. Provide documentation that the above mentioned dog is no longer domiciled at your residence.
... If your mail has not been picked up and one of the above options listed above has not bee n implemented within ten days, we will have no choice but to return your mail to sender."

Kris called PH and asked him what this letter was about - Was this just a form letter? Were these really the only two options available? What about the ideas Alicia sent over? 

PH said that it was a form letter, that the tenants in the building had complained so much about not getting notified before the mail service was discontinued - so now they had their notification.


I shared the letter with my attorney over the weekend and he said we needed to get things straightened out on Monday, June 23.

The weekend went by and I fretted and had insomnia and one of the worst migraines of my life (and that is saying a lot).

Monday morning, June 23, rolls around, I start the day by talking to my attorney. Then I mentally gear myself up and call Mr. J. in Consumer Affairs - he transferred me to the Postmaster's office where I left an urgent and anxiety-ridden message with an admin assistant. I learned that Ms. D. was back at her regular job and the supervisor I'd be dealing with going forward was LL - he was just back from vacation.

So, I waited all day for LL to call me back. Actually, I've left him three messages this week: 6/23, 6/24 and 6/25) and he has not called me back one time. Then again, nobody from the USPS has initiated a call to me about any of this - not a single call in 2.5 weeks.

Around 4pm, I got a text from Kris asking me to stop down to her place. I head down and can tell from her face that something is wrong. She said that JB, the condo association president had picked up his mail and spoken to PH. JB asked if there was any news about resuming mail service and PH said there was.

The Postmaster had reached his "final decision". PO boxes were no longer an option. Instead, the ONLY solution was that the dog had to go. By June 30. JB asked about an appeal process (there isn't one according to PH), he asked if I'd been told about this (I hadn't, which in and of itself is a mind-blowing breach of confidentiality).

Predictably, I lost it.

Some time later I re-found "it" and started thinking.

Nano actually can't go because MACC is requiring me to do a 4-week training session with him. If Nano is living somewhere else, even temporarily, I won't be working on the training program and will be in non-compliance with MACC plus the timing is important due to the hearing we'd be having. Non-compliance means I'm breaking the law - so that's bad. Additionally, while there is an active MACC case going on, you can't give away an animal.

This means, Nano and I would have to go together. But, I have a lease, so moving out on June 30 would force me into breach of contract. Breaking the law in a different way. That's bad too.

Besides, it was the end of the day on June 23 so I had less than a week to find a new place to live, take care of the paperwork, find a money tree to pay for the security deposit, pack up ALL my belongings, rent/borrow a truck, find/hire people to help me move and then move into this imaginary new place ... and then find the money to pay rent for two apartments.

But, I only had hearsay driving all this. Where was a formal communication about this "final decision"? JB asked and was told it was "in progress and the dog owner will have it on Wednesday". (Update: today is Wednesday, I actually went in to pick up my mail and I spoke to PH while I was there. I asked him about a formal letter and he confirmed it would be posted on the exterior door of the condo that afternoon. It wasn't.)

However, PH did verbally confirm for me that the ONLY acceptable solution to this was to get rid of the dog. P.O. Boxes were definitely off the table.

I explained the MACC training issue and breach of contract issue. PH said they weren't requiring that I move, just the dog. I told him I was not getting rid of a beloved member of my family - that was not an option, besides, MACC wasn't going to let the USPS overrule them on this issue.

PH said he'd talk to his boss about these things and they'd get back to me later. I said, "Please, please make sure it happens today. I don't have long to get things figured out." He said they would get back to me.

They didn't.

There were a number of calls to the USPS today from Senator Franken's office and Jon Tevlin, a Star Tribune reporter - and each of them got a slightly different story. Mr. Tevlin, after speaking with a PR guy for the USPS and quoting the USPS policy to him only to be met with silence was hopeful they would come back and agree to the commonsense precautions I had suggested back on June 19.

But no, that's not what happened. They doubled down and also indicated that if I moved and took my dog with me that they would pay attention to that and contact my new local post office to alert them to my "vicious dog" and suggest they cut off mail service. The sheer arrogance here is breathtaking. Not to mention the complete lack of common sense or decency. I used to support the USPS - I've even written some letters and signed some petitions on its behalf - and they have forever lost my support. I will, instead work for budget cuts and regulatory oversight - because this organization currently answers to nobody - and that isn't working.

We now believe it's possible (maybe, maybe not, who knows) that the condo residents could rent mail boxes for a couple months while I plan a move, but this isn't something the association is terribly happy about - and I can't blame them.

So, the dog "has to go". And there is only one way for that to happen without forcing me to break the law or being in breach of contract.

Nano will have to be murdered.

My beloved pet, companion and family member will have to be killed.

No.

No way.