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Title Authorsort descending Citation Summary
Monkeys and Horses and Ferrets...Oh My! Non-Traditional Service Animals Under the ADA Robert L. Adair 37 N. Ky. L. Rev. 415 (2010)

This article analyzes the major cases involving non-traditional service animals. Part II looks at those species that have been viewed as potentially presenting a danger to their owners or the public, examining the use of non-human primates and snakes. Part III examines cases where people seek to pass their pets off as service animals, discussing miniature horses, ferrets, and the difference between therapy animals versus service animals. Part IV is a discussion of potential conflicts between the federal ADA and state or local laws regarding non-traditional service animals. Finally, Part V concludes that the present regulatory system is adequate and should remain in place.

Brief Summary of Emotional Support Animals Kate Brewer Animal Legal & Historical Center

This overview discusses the federal laws that prohibit landlords from denying housing to individuals with mental or emotional disabilities who need companion animals to lessen the effects of the disability. The factors in proving the companion animals qualify as "reasonable accommodations" under law are also outlined.

Emotional Support Animals Excepted From "No Pets" Lease Provisions Under Federal Law Kate A. Brewer Animal Legal & Historical Center

Federal statutes provide protection for disabled persons against housing discrimination. These statutes and corresponding case law hold that an emotional support animal is a reasonable accommodation for a mentally disabled person, and if a landlord fails to waive a no pets policy to allow the emotional support animal in rental housing, the landlord is in violation of federal laws.

Brief Overview of Housing and Companion Animals Kate Brewer Animal Legal & Historical Center

This brief overview discusses the laws that protect individuals with mental and/or emotional disabilities who need companion animals to lessen the effects of their disabilities when they live in rental housing.

Using Dogs For Emotional Support of Testifying Victims of Crime Marianne Dellinger 15 Animal L. 171 (2008)

Courts and prosecutorial offices around the nation have started using service dogs to support emotionally frail child witnesses who are unwilling to testify but for the calming presence of a dog. Proponents claim that this new type of therapeutic jurisprudence helps bring criminal defendants to justice in cases where the testimony of the complaining witness is crucial to the prosecution’s case. Opponents fear the infringement of the defendants’ rights to a fair trial because of the dogs’ potential to prejudice a jury to come out in favor of the witnesses. This article analyzes the legal foundations supporting the use of service dogs for emotional support of complaining witnesses in open court.

CASES AND STATUTES ON THE USE OF DOGS BY WITNESSES WHILE TESTIFYING IN CRIMINAL PROCEEDINGS: A Periodically Updated Online Article John Ensminger Animal Legal & Historical Center This article examines the use of a "facility dog" - a dog present during testimony at trial - in various court settings. Specific cases and statutes are examined in the article. The diversion between case law and legislation regarding the use of such dogs in courtroom proceedings is widening.
Commentary: Bermudez v. Hanan John Ensminger Animal Legal & Historical Center

This article provides commentary on the case of Bermudez v. Hanan, 2013 N.Y. Misc. LEXIS 4397, 2013 NY Slip Op 51610(U), which concerned dog bite liability for a therapy dog.

Evolving Functions of Service and Therapy Animals and the Implications for Public Accommodation Access Rules John Ensminger and Frances Breitkopf Animal Legal & Historical Center

This in-depth article presents the various categories of service animals and the functions they perform. It then examines the federal and state laws and regulations that control access to public accommodation and transportation. The authors conclude by suggesting that a uniform system of licensing and tagging would alleviate the confusion presented by current laws.

Dog-Focused Law's Impact on Disability Rights: Ontario's Pit Bull Legislation as a Case in Point Barbara Hanson 12 Animal L. 217 (2005)

Legislation that affects dogs also affects persons with disabilities to some extent. This link shows up in statutory definitions, is justified by social construction theory, and has been reified in case law. Thus, it is important to examine statutes like Ontario’s pit bull legislation (OPBL) in terms of their potential impact on persons with disabilities. Upon close examination, it appears that the legislation suffers from vague definitions, conflicting onus of proof, absence of fair process, and severe penalties, including imprisonment. Further, it contains no reference to dogs used by persons with disabilities. This means that there is potential for persons with disabilities to suffer negative consequences and a need to consider disability rights in dog-focused legislation.

Brief Summary of Laws on Assistance Animals Cynthia F. Hodges Animal Legal & Historical Center

State and federal laws prohibit discrimination against disabled people who rely on service animals. Such laws try to protect the rights of disabled people and safeguard their service animals from harm. The penalties for violating these laws include fines, restitution, and imprisonment.

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