Disability and Pets: Related Cases
|Leigh v. State||58 So. 3d 396 (Fla. Dist. Ct. App. 2011)||Philip Leigh (Defendant) appeals from an order summarily denying his motion for postconviction relief. Following a jury trial, Defendant was found guilty of trafficking in cocaine and conspiracy to traffic. Defendant claimed his trial counsel was ineffective for allowing him to appear in a leg restraint and for failing to object to the presence of a dog. Apparently, the dog became disruptive on more than one occasion and was visible to the judge and jury. The Florida appellate court reversed and remanded, with a provision that the trial court could attach portions of the record that would refute the possibility that defense counsel’s failure to object to the dog’s presence indicated ineffective assistance of counsel. Since there was apparently no evidence of the dog’s presence in the record at all, the trial court was presumably obligated to conduct an evidentiary hearing on the matter.|
|Cordoves v. Miami-Dade Cnty||--- F.Supp.3d ----2015 WL 1131684 (S.D. Fla. 2015)||This case arises out of an incident at the Dadeland Mall, during which plaintiff had a confrontation with security personnel that ended with her arrest. The incident was precipitated by the presence of a small dog plaintiff was toting in a stroller while shopping with her mother and daughter. Plaintiff alleged discrimination in public accommodations under the ADA, and excessive force in violation of the Fourth Amendment under § 1983. Defendants moved for summary judgment.The District Court denied the motion in part and granted the motion in part, finding that an issue of material fact existed as to whether the dog was a service animal; that the patron was precluded from bringing negligence claim premised on intentional torts; that officer's use of force in arresting patron was de minimis; and that the right to be free from officer's application of force was not clearly established.|
|Levine v. National Railroad Passenger Corporation||--- F.Supp.3d ----2015 WL 674073 (D.D.C., 2015)||This action arose from plaintiff’s experience of bringing her service dog on Amtrak trains. Plaintiff brought claims on her own behalf and on behalf of a putative class of other disabled passengers against Amtrak pursuant to the Americans with Disabilities Act, the Rehabilitation Act of 1973, and the District of Columbia Human Rights Act. Each claim related to Amtrak′s alleged practice of storing luggage in its train's “mobility aid” seating areas. Amtrak argued, amongst other things, that plaintiff lacked Article III Constitutional Standing because she had not suffered an injury in fact. The district court agreed and granted Amtrak′s motion to dismiss. The case was dismissed in its entirety.|
|Storms v. Fred Meyer Stores, Inc.||120 P.3d 126 (Wash.App. Div. 1,2005)||
This Washington discrimination case was brought by a dog owner (Storms) with psychiatric conditions against a store and its managers who refused to allow her to stay in store with her alleged service dog. The dog was trained to put herself between Storms and other people so as to keep an open area around Storms and alleviate her anxiety (a symptom of her post-traumatic stress syndrome). The appellate court found that there was sufficient evidence to establish a prima facie case of discrimination against Fred Meyer for refusing to allow her to shop accompanied by her dog. Testimony showed that Brandy had been specifically trained to help Storms with her particular disability by placing herself in between Storms and others in a way that alleviated her anxiety, which was further corroborated by testimony that Brandy engaged in such behavior. Thus, evidence showed that the defendants' violated RCW 49.60.215 by not allowing Storms to do her own shopping within the store because she was accompanied by a service animal.
|Priebe v. Nelson||140 P.3d 848 (Cal. 2006)||
A kennel worker who was bitten by a dog while the dog was in the care of the kennel sued the owner of the dog under a theory of strict liability under a statute and under the common law. The court found that the dog owner was not liable to the kennel worker because under the "veterinarian's rule," the kennel owner had assumed the risk of being bitten by the dog.
|Crossroads Apartments Associates v. LeBoo||152 Misc.2d 830 (N.Y. 1991)||
Landlord brought an eviction proceeding against tenant with a history of mental illness for possession of a cat in his rental unit in violation of a no pets policy. Tenant alleged that he needed the cat to alleviate his "intense feelings of loneliness, anxiety, and depression, which are daily manifestations of his mental illness." The court held that in order to prove that the pet is necessary for the tenant to use and enjoy the dwelling, he must prove "that he has an emotional and psychological dependence on the cat which requires him to keep the cat in the apartment." The court denied the housing authority's motion for summary judgment, stating that there was a triable issue of fact as to whether the cat was necessary for the tenant to use and enjoy the dwelling.
|Janush v. Charities Housing Development Corp.||169 F.Supp.2d 1133 (N.D. Ca., 2000)||
Tenant brought action under the Federal Fair Housing Act alleging that her landlord failed to reasonably accommodate her mental disability by refusing to allow her to keep companion animals in her rental unit. Tenant put forth evidence establishing that the animals lessened the effects of her mental disability by providing companionship. The housing authority argued that only service dogs are a reasonable accommodation. The court rejected the housing authority's argument, holding that animals other than service animal can be a reasonable accommodation for a disability. Also, the court noted that whether an accommodation is reasonable is a fact-specific inquiry, requiring an analysis of the burdens imposed on the housing authority and the benefits to the disabled person.
|Woodside Village||1993 WL 268293 (Conn. 1993)||
A tenant was unable to adhere to the complex rules requiring that dogs be walked in designated areas and that the animal's waste be cleaned up. The court held the landlord made a reasonable accommodation by allowing the pet but requiring that these rules be followed, reasoning that the tenant's failure to adhere to these rules, despite his mental disability and emotional dependence on the dog, placed other tenant's health and safety at risk.
|Nason v. Stone Hill Realty Association||1996 WL 1186942 (Mass. 1996)||
A tenant with multiple sclerosis took in her mother's cat when her mother became ill. The housing authority had a no pets policy and requested that the tenant remove the pet from the premises. The tenant in turn offered a letter from her physician stating that "there would be serious negative consequences for her health if she was compelled to remove the cat." The court held that the tenant did not meet her burden of proving a nexus between the cat and her multiple sclerosis, reasoning that the physician's note does not state that the cat is necessary to alleviate her symptoms and that a more reasonable accommodation may be available.
|Housing Authority of the City of New London v. Tarrant||1997 WL 30320 (Conn. 1997)||
A mother renting housing alleged that her son was "mentally challenged" and required the companionship of a dog pursuant to Section 504 of the Rehabilitation Act. The court rejected the tenant's allegations that her son had a qualifying mental disability, reasoning that the son received high marks in school prior to the commencing of the eviction proceedings. The court held that without evidence of a mental or physical disability, no reasonable accommodation is required.
|Auburn Woods I Homeowners Ass'n v. Fair Employment and Housing Com'n||2004 WL 1888284 (Cal.App. 3 Dist.)||
In this California case, the Elebiaris sought permission from their condominium association to keep a small dog as a companion (both suffered from severe depression and found that taking care of a dog alleviated their symptoms and enabled them to function more productively). T he association refused their request, leading the Elebiaris to file a claim with the Fair Employment and Housing Commission (the FEHC), which found in favor of the Elebiaris. After the Superior Court granted the condominium's petition, the FEHC and residents appealed. The appellate court held that the trial court erred in overturning the FEHC decision where the FEHC's finding that a companion dog constituted a reasonable accommodation for plaintiff's disability was supported by substantial evidence.
|State v. Moore||2014 WL 1917289 (Wash.App. Div. 2)||Duane Moore appealed his conviction and sentence for second degree assault, domestic violence, after choking his wife during an argument. He argued that (1) the prosecutor committed misconduct during voir dire and closing argument when he argued facts not in evidence, made improper statements about witness credibility, and shifted the burden of proof; (2) the trial court erred when it allowed a witness to testify with a service dog; and (3) the prosecutor improperly testified at the sentencing hearing. With regard to the testimony dog issue, the court found that defendant failed to raise the issue at trial and thus failed to preserve this issue for appeal. Further, defendant failed to prove that any alleged errors were manifest. There is no evidence in the record that the dog's presence made Ms. Moore appear traumatized or victimized, and thereby violated Mr. Moore's due process rights, or acted as a comment on the evidence. The court rejected defendant's argument and affirmed the trial court.|
|Ascencio v. ADRU Corporation||2014 WL 204212 (N.D. Cal. 2014) (Not Reported in F.Supp.2d)||
A woman, who suffers from a disability that is accompanied by deep depression and anxiety, went to a fast food restaurant with her mother and her two service dogs. Upon entering the establishment, the employees refused to serve them, forced them to leave, and retaliated against them by calling the police and threatening them with arrest. The woman and her mother sued the fast food restaurant for violation of the Americans with Disabilities Act (ADA) and related California statutes. When the fast food restaurant failed to file an answer, the court entered a default judgment against the fast food restaurant; awarded the plaintiffs with damages, court costs and attorney fees; and placed a permanent injunction against the fast food restaurant.
|People v. Spence||212 Cal.App.4th 478 (Cal.App. 4 Dist., 2012)||
In this California case, a jury convicted James Spence of two counts of sexual offenses against a child 10 years old or younger (his housemate's daughter). He was sentenced to a total term of 55 years to life. Among other issues on appeal, Spence argues the court erred by allowing a therapy dog or support canine to be present at the child's feet while she testified, and contends this was “overkill” with the additional support person present on the witness stand. Section 868.5 of the Evidence Code allows up to two support persons during testimony. The court found that the dog was not a "person" for purposes of the code. The trial judge's decision to allow the dog was discretionary. The jury was given instructions to base its decision solely on the evidence presented at trial and not on any sympathies. Further, the court found even if more specific express findings of necessity would have been proper prior to allowing both the dog and support person on the the witness stand, any error was harmless.
|People v. Chenault||227 Cal. App. 4th 1503, review filed (Aug. 25, 2014)||Darrell Chenault was convicted on 13 counts of lewd acts on a child under 14 years of age and sentenced to 75 years to life in prison. On appeal he contended that the trial court abused its discretion by allowing a support dog to be present during the testimony of two child witnesses without individualized showings of necessity, and that the presence of the dog was inherently prejudicial and violated his federal constitutional rights to a fair trial and to confront the witnesses against him. The appellate court concluded that a trial court has authority under Evidence Code section 765 to allow the presence of a therapy or support dog during a witness’s testimony.” The court did “not believe that the presence of a support dog is inherently more prejudicial than the presence of a support person,” citing the New York case of Tohom. Chinault argued that “individualized showings of necessity” should have been required for F. and C. before the support dog could be present in the courtroom. The appellate court concluded however that “a case-specific finding that an individual witness needs the presence of a support dog is not required by the federal Constitution,” for which Tohom was again cited. Based on the court's review of the record, the appellate court concluded that the trial court made implicit findings that the presence of Asta, the support dog, would assist or enable F. and C. to testify completely and truthfully without undue harassment or embarrassment. The court also took measures to reduce any possible prejudice to Chenault by setting forth logistics for the entry, positioning, and departure of the support dog, along with F. and C., during jury recesses so the dog was as unobtrusive and least disruptive as reasonably possible. The judgment was affirmed.|
|Access Now, Inc. v. Town of Jasper, Tennessee||268 F.Supp.2d 973, 26 NDLR P 107 (E.D.Tenn.,2003)||Plaintiffs Access Now, Inc. and Pamela Kitchens, acting as parent and legal guardian on behalf of her minor daughter Tiffany brought this action for declaratory judgment and injunctive relief against defendant Town of Jasper, Tennessee under the ADA after the town denied her request to keep a keep miniature horse as service animal at her residence. The town's ordinance at issue provided that no person shall keep an enumerated animal within 1000 feet of any residence without a permit from the health officer. The Jasper Municipal Court held a hearing and determined that the keeping of the horse was in violation of the code and ordered it removed from the property. On appeal, this Court found that while the plaintiffs contended that the horse helped Tiffany in standing, walking, and maintaining her balance, Tiffany does not have a disability as defined by the ADA and does not have a genuine need to use the horse as a service animal. Further, the Court found that the horse was not a service animal within the meaning of 28 C.F.R. § 36.104 because the animal was not used in the capacity of a service animal and instead was a companion or pet to Tiffany. The plaintiffs' complaint was dismissed with prejudice.|
|State v. Dye||283 P.3d 1130 (Wash.App. Div. 1,2012)||
In this Washington case, Defendant Dye appeals his conviction for residential burglary. The victim in the case was an adult man with significant developmental disabilities. At trial, the State obtained permission to allow a dog named "Ellie" to sit at the victim's feet during testimony. On appeal, Dye contends that his right to a fair trial was compromised because the dog's presence improperly incited the jury's sympathy, encouraged the jury to infer victimhood, and gave Lare an incentive to testify for the prosecution. The court found no prejudice to defendant from the presence of the dog, especially in light of the jury instructions to ignore her. Affirmed.
|Prindable v. Association of Apartment Owners of 2987 Kalakaua||304 F.Supp.2d 1245 (D. Hawaii, 2003)||
Condominium resident filed a complaint alleging the housing authority violated the Federal Fair Housing Amendments Act by failing to waive the "no pets" as a reasonable accommodation for his handicap. The court held that where the primary handicap is mental or emotional in nature, an animal "must be peculiarly suited to ameliorate the unique problems of the mentally disabled," and granted the housing authority's motion for summary judgment on the issue of the housing authority's failure to make a reasonable accommodation under the FHA.
|State v. Dye||309 P.3d 1192 (Wash.,2013)||
The Defendant appealed his conviction for residential burglary. The victim in the case was an adult man with significant developmental disabilities. At trial, the State obtained permission to allow a dog named "Ellie" to sit at the victim's feet during testimony. On appeal of the Court of Appeal's decision, the Supreme Court held that defendant failed to establish that his rights to a fair trial were violated (283 P.3d 1130 (Wash.App. Div. 1,2012)). Further, any prejudice that resulted from Ellie's presence was minor and largely mitigated by the limiting instruction that the trial court gave. The Court found that the trial court did not abuse its discretion and the Court of Appeals decision was affirmed.
|Young's Bus Lines v. Redmon||43 S.W.2d 266 (Tex. 1931)||
Appellee blind newspaper vendor had a trained seeing eye dog that was run over and killed by a public bus, driven by appellant. The court held that the measure of damages was the market value of the dog at the time and place where it was killed. If the dog had no market value, then the intrinsic or actual value to appellee was the measure of damages.
|Dilorenzo v. Costco Wholesale Corp.||515 F.Supp.2d 1187 (W.D.Wash.)||
Plaintiff is a disabled individual who suffers from a variety of ailments arising after her service in the armed forces. Plaintiff's claims arise from interactions with Costco store employees on two separate shopping trips with her service dog. Store employees inquired as to what task the dog performed and objected to the dog being carried in plaintiff's arms around the store. Plaintiff brings her claims under the Washington Law Against Discrimination (WLAD) and the federal Americans with Disabilities Act (ADA). The court found that Defendant's employees did not exceed the boundaries of a permissible inquiry under the ADA with regard to her service dog, where they never asked Plaintiff to state her disability or demanded proof of special training.
|Whittier Terrace Associates v. Hampshire||532 N.E.2d 712 (Mass. 1989)||
Defendant was a person with a psychiatric disability and living in public housing. Defendant claimed to have an emotional and psychological dependence on her cat. The court held that the housing authority discriminated against defendant under Section 504 of the Rehabilitation Act for failure to waive the no pets policy as a reasonable accommodation for the mental disability. The court noted that there must be a narrow exception "to the rigid application of a no-pet rule, involving no untoward collateral consequences," because the handicapped person could fully receive the benefits of the program if provided the accommodation.
|Bronk v. Ineichen||54 F.3d 425 (7th Cir. 1995)||
Plaintiffs appealed decision of district court denying their claim that defendants violated the Federal Fair Housing Act for failing to allow a hearing dog in their rental unit as a reasonable accommodation for their hearing disability. The landlord denied the request, alleging that the dog was not a "hearing dog," and that the tenants did not have a legitimate need for the dog because the dog lacked professional training. The Court of Appeals held that if the dog was not necessary as a hearing dog then the plaintiffs were not entitled to the dog as a reasonable accommodation under the FHA. Also, the court held that a disabled person must meet two standards in arguing that an accommodation be made: (1) the accommodation must facilitate the disabled person's ability to function; and (2) the accommodation must survive a cost-benefit balancing that takes both parties' needs into account. The court vacated the decision of the lower court and ordered a new trial because of misleading jury instructions.
|In re Kenna Homes Cooperative Corporation||557 S.E.2d 787 (W.V. 2001)||
The owners of a cooperative unit kept a dog in their dwelling despite a no pets policy. There was, however, an exception in the policy for service animals, and the Jessups argued that the small dog they kept was necessary due to various medical problems they had, including arthritis and depression. The housing authority denied the request, stating that only animals certified for the particular disability qualify as a "service animal." The West Virginia Court of Appeals held that a housing authority may require that a service animal be properly trained without violating federal law.
|Hoffmann v. Marion County, Tex.||592 F. App'x 256 (5th Cir. 2014)||Plaintiffs operated a derelict-animal “sanctuary” on their ten-acre property in Marion County, Texas, where they held over one hundred exotic animals, including six tigers, several leopards, and a puma. Plaintiffs were arrested and charged with animal cruelty and forfeited the animals. Afterward, plaintiffs sued many of those involved in the events under a cornucopia of legal theories, all of which the district court eventually rejected. On appeal, plaintiffs argued Marion County and the individual defendants violated their Fourth Amendment rights by illegally searching their property and seizing the animals. The court held, however, that government officials may enter the open fields without a warrant, as the defendants did here, because “an open field is neither a house nor an effect, and, therefore, the government's intrusion upon the open fields is not one of those unreasonable searches proscribed by the text of the Fourth Amendment.” One plaintiff further alleged violation of the Americans with Disabilities Act; however, the court dismissed this claim because the plaintiff failed to allege how he was excluded from a government benefit or effective service as a result of not having an interpreter during the investigation or arrest. The other claims were either dismissed for lack of jurisdiction, not being properly appealed, or not stating a proper cause of action. The district court’s grant of summary judgment was therefore affirmed.|
|Pruett v. Arizona||606 F.Supp.2d 1065 (D.Ariz.,2009)||
A diabetic woman in Arizona attempted to keep a chimpanzee as an assistance animal in spite of the state’s ape ban. Despite the state’s ban, the diabetic woman imported a chimpanzee with the intention of keeping him as a service animal, claiming that she was entitled to do so under the Federal Americans with Disabilities Act of 1990 (ADA). In September of 2007, the chimpanzee’s owner sued the State of Arizona, the Game and Fish Commission, and the Director of the Game and Fish Department in federal court claiming that they had violated her rights under the federal disability laws. According to the plaintiff, the ADA requires the state to make “reasonable accommodations” for disabled individuals; and in her case this meant the state must waive its ban on possessing “restricted” apes so that she can keep a chimpanzee in her home as a service animal. The District Court found that the plaintiff’s chimpanzee is “unnecessary” and “inadequate” to meet her disability-related needs and the animal is not a “reasonable” accommodation under the ADA because he threatens the health and safety of the community.
|Majors v. Housing Authority of the County of DeKalb Georgia||652 F.2d 454 (5th Cir. 981)||
Tenant had a history of mental illness and kept a dog in her apartment despite a "no pets" policy. The housing authority refused to waive the "no pets" policy and brought an eviction proceeding. Tenant filed a complaint in federal district court alleging violation of Section 504 of the Rehabilitation Act for failure to waive the "no pets" policy as a reasonable accommodation for her disability. The district court granted the housing authority's motion for summary judgment and the tenant appealed. The court of appeals held that the housing authority deprived the tenant of the benefits of the housing program by enforcing the no pets rule, reasoning that waiving the no pets rule would allow the tenant to fully enjoy the benefits of the program and would place no undue burdens on the housing authority.
|Bhogaita v. Altamonte Heights Condominium Assn.||765 F.3d 1277 (11th Cir., 2014)||Appellee Ajit Bhogaita, who suffers from post-traumatic stress disorder (PTSD), filed suit against Appellant Altamonte Heights Condominium Association, Inc. ("Association") for violating the disability provisions of the Federal and Florida Fair Housing Acts, 42 U.S.C. § 3604(f)(3)(b) (“FHA”) and the Florida Fair Housing Act, when it enforced its pet weight policy and demanded Bhogaita remove his emotional support dog from his condominium. The jury awarded Bhogaita $5,000 in damages, and the district court awarded Bhogaita more than $100,000 in attorneys' fees. This court affirmed that decision finding that there was evidence that the Association constructively denied appellee's requested accommodation. In fact, the court opined, "Neither Bhogaita's silence in the face of requests for information the Association already had nor his failure to provide information irrelevant to the Association's determination can support an inference that the Association's delay reflected an attempt at meaningful review."|
|Crowder v. Kitagawa||81 F.3d 1480 (C.A.9 Hawaii,1996)||
The plaintiffs in this case were a class of visually-impaired persons who use guide dogs. Plaintiffs sought exemption from Hawaii's imposition of a 120-day quarantine on carnivorous animals entering the state (which necessarily included their guide dogs). Specifically, they contend Hawaii's quarantine, designed to prevent the importation of rabies, violates the Americans with Disabilities Act (ADA),and their constitutional rights of travel, equal protection and substantive due process. On appeal of summary judgment, this Court held that without reasonable modifications to its quarantine requirement for the benefit of visually-impaired individuals who rely on guide dogs, Hawaii's quarantine requirement effectively prevents such persons from enjoying the benefits of state services and activities in violation of the ADA. The district court's issuance of summary judgment in favor of Hawaii, was reversed and the case was remanded to the district court for further proceedings.
|Sak v. City of Aurelia, Iowa||832 F.Supp.2d 1026 (N.D.Iowa,2011)||
After suffering a disabling stroke, a retired police officer’s pit bull mix was trained to become a service dog. However, the town where the retired police officer resided had a Breed Specific ordinance that prohibited pit bulls. The retired police officer and his wife brought this suit against the city alleging that the ordinance violated his rights under Americans with Disabilities Act (ADA), and also sought a preliminary injunction to enjoin the city from enforcing the ordinance. The officer’s preliminary injunction was granted after the court found: 1) the officer was likely to succeed on merits of ADA claim; 2) the officer would suffer irreparable harm absent injunction; 3) the balance of equities was in favor of injunctive relief; 4) and the national public interest in enforcement of ADA trumped more local public interest in public health and safety reflected in ordinance.
|Thompson v. Dover Downs, Inc.||887 A.2d 458 (Del.Supr.,2005)||
Vernon Thompson appeals from a Superior Court order reversing a decision and order of the Delaware Human Relations Commission (DHRC) after Thompson was denied access to defendant's casino because Thompson insisted that his dog accompany him, but refused to answer the officials' inquiries about what his alleged support animal had been trained to perform. The DHRC determined that by denying access, Dover Downs had unlawfully discriminated against Thompson in violation of the Delaware Equal Accommodations Law. The Supreme Court here agreed with the Superior Court in reversing the DHRC. It found that Dover Downs' personnel were entitled to ask Thompson about his dog's training. Since Thompson refused to answer these questions, there is no rational basis to conclude that Dover Downs' refusal to admit Thompson accompanied was pretextual.
|State v. Devon D.||90 A.3d 383 (Conn.App, 2014)||The defendant, Devon D., appeals from the judgments of conviction, rendered after a jury trial, of eleven offenses, in three separate files with three different docket numbers, pursuant to three separate informations, involving three different victims. Devon asserted that the prosecution as to the charges concerning C1 should have been separated from the charges as to C2 and C3, and that the evidence from C1’s case should not have been cross-admissible as to C2 and C3, an argument the Connecticut Appellate Court accepted as justifying reversal. Devon also argued on appeal that “the court improperly permitted the state to have a dog sit near C1 while she testified to provide comfort and support to her.” The appellate court concluded that the trial court had abused its discretion in permitting the use of the dog to comfort and emotionally support C1 while she testified without requiring the state to prove that this special procedure was necessary for this witness. At trial, defense counsel specifically told the trial court he was not making a confrontation clause claim as to the presence of the dog, and the appellate court therefore considered such a claim waived. Despite the absence of statutory authority for permitting a facility dog, the appellate court did conclude that the trial court had “inherent general discretionary authority” to permit such a dog, but also determined that this discretion was abused under the facts of the case. The judgments are reversed and the cases are remanded for new trials.|
|United States v. Univ. of Neb. at Kearney||940 F. Supp. 2d 974, 975 (D. Neb. 2013).||This case considers whether student housing at the University of Nebraska–Kearney (UNK) is a “dwelling” within the meaning of the FHA. The plaintiff had a service dog (or therapy dog as the court describes it) trained to respond to her anxiety attacks. When she enrolled and signed a lease for student housing (an apartment-style residence about a mile off-campus), her requests to have her service dog were denied, citing UNK's "no pets" policy for student housing. The United States, on behalf of plaintiff, filed this suit alleging that UNK's actions violated the FHA. UNK brought a motion for summary judgment alleging that UNK's student housing is not a "dwelling" covered by the FHA. Specifically, UNK argues that students are "transient visitors" and the student housing is not residential like other temporary housing (migrant housing, halfway houses, etc.) and more akin to jail. However, this court was not convinced, finding that "UNK's student housing facilities are clearly 'dwellings' within the meaning of the FHA."|
|People v. Tohom||969 N.Y.S.2d 123 (N.Y.A.D. 2 Dept.,2013)||
This case, as a matter of first impression, considers whether a trial court was authorized to allow a "therapeutic comfort dog" to be present on witness stand for a 15-year-old-girl who was the victim in a predatory sexual assault and child endangerment case. Prosecutors sought to allow a Golden Retriever named Rose to accompany the child on the witness stand while she testified at the defendant’s trial. Prosecutors cited Criminal Procedure Law provisions regarding special witnesses and pointed to Executive Law §642-a, which allows a person supportive of a special witness to be “present and accessible” during testimony by such a witness. On appeal, defendant again argued that the dog would prejudice the jury against the defendant and would convey to the jury that the witness was under stress as a result of testifying and that this stress resulted from telling the truth. In finding that the comfort dog did not violate defendant's right to a fair trial, the appellate court agreed that the trial court's interpretation of Executive Law § 642-a "special witness" provision was correct. Further, the defendant failed to show that the dog Rose's presence was inherently prejudicial.
|Southeastern Community College v. Davis||99 S.Ct. 2361 (1979)||
Applicant to nursing program brought suit against the college alleging discrimination under Section 504 of the Rehabilitation Act for denying her acceptance to the program based on her physical disability of being deaf. The college alleged that the applicant was not "otherwise qualified" under the statute because, even if provided accommodations for her hearing disability, she would be unable to safely participate in the clinical training program. The court held that "otherwise qualified" under the statute means that a person is qualified for the program "in spite of" the handicap, and that the applicant here was not otherwise qualified for the program. The court also held that a program authority is not required to ignore the disability of the applicant when determining eligibility for the program. Rather, the statute only requires that the disabled person not be denied the benefits of the program solely because of the disability.
|Green v. Housing Authority of Clackamas County||994 F.Supp. 1253 (D. Oregon, 1998)||
Plaintiffs were tenants of a county housing authority and alleged that the housing authority violated the Americans with Disabilities Act, the Federal Fair Housing Amendments Act, and Section 504 of the Rehabilitation Act, by failing to reasonably accommodate their request for a waiver of a "no pets" policy to allow for a hearing assistance animal in the rental unit to reasonably accommodate a hearing disability. The housing authority argued that the dog was not a reasonable accommodation for the tenant's specific disability because the dog was not certified as a hearing assistance animal. The court granted plaintiff's motion for summary judgment, holding that the housing authority violated the federal statutes when it required proof from the tenants that the dog had received hearing assistance training.