Disability and Animals

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Titlesort ascending Summary
Chavez v. Aber Plaintiffs sought damages stemming from Defendants' refusal to accommodate Plaintiffs’ minor son's mental health disabilities by allowing Plaintiffs to keep a mixed-breed pit bull as an emotional support animal in their rented duplex. Plaintiffs asserted (1) housing discrimination under the Federal Housing Act (“FHA”), (2) unlawful retaliation under the FHA, (3) discrimination under the Texas Fair Housing Act (“TFHA”), and (4) unlawful retaliation under § 92.331 of the Texas Property Code. Defendants filed the Motion, seeking dismissal of the Complaint pursuant to Federal Rules of Civil Procedure 12(b)(1) and 12(b)(6). The court found Plaintiffs had adequately pleaded all claims and denied the Defendant’s motion to dismiss.
Castillo Condominium Ass'n v. U.S. Dept. of Housing and Urban Development In 2010, the Castillo Condominium Association learned that Carlo Giménez Bianco (Giménez), a condominium resident, was keeping a dog on the premises and warned him that he would be fined unless he removed the dog. Giménez, who suffered from anxiety and depression, advised the board of directors that he planned to keep his emotional support dog and that he was entitled to do so under federal law. As a result of the conflict, Giménez was forced to vacate and sell his unit and he filed a complaint of disability discrimination with the Department of Housing and Urban Development (HUD). HUD filed a charge of discrimination against the Association under the Fair Housing Act. An administrative law judge (ALJ) concluded that the Association had not violated the Act because Giménez failed to prove by a preponderance of the evidence that he suffered from a mental impairment. The ALJ’s decision was appealed to the Secretary, who found that Gimenez suffered from a cognizable disability. The Court of Appeals, First Circuit, held that substantial evidence supported the Secretary's finding that the Association's refusal to allow Gimenez to keep an emotional support dog in his condominium unit as a reasonable accommodation for his disability violated the Fair Housing Act. The Association’s petition for review was denied and the Secretary’s cross petition was granted.
CASO 02437-2013 JANE MARGARITA CÓSAR CAMACHO Y OTROS CONTRA RESOLUCION DE FOJAS 258 Plaintiff, a blind woman, brought a constitutional grievance against the decision issued by the Fifth Civil Chamber of the Superior Court of Justice of Lima on January 15, 2013. This decision denied the action of protection after Defendants denied entry of Plaintiff's guide dog at their supermarkets. The Constitutional Tribunal ordered that the blind were allow to enter to the supermarkets with their guide dogs.
CASES AND STATUTES ON THE USE OF DOGS BY WITNESSES WHILE TESTIFYING IN CRIMINAL PROCEEDINGS: A Periodically Updated Online Article 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.
Canada - Alberta - Service Dogs Act This Alberta, Canada law provides that no person shall deny to any person the accommodation, services or facilities available in any place to which the public is customarily admitted, or discriminate against any person for the reason that the person is a disabled person accompanied by a service dog or a certified dog-trainer accompanied by a dog in training. The law goes into effect January of 2009.
CA - Service Animal - § 600.5. Intentional injury to, or death of, guide, signal or service dog; penalty; restitution Any person who intentionally causes injury to or the death of any service dog, while the dog is in discharge of its duties, is guilty of a misdemeanor. punishable by a fine and/or imprisonment. Upon conviction, a defendant must make restitution to the person with a disability who has custody or ownership of the dog for any veterinary bills and replacement costs of the dog if it is disabled or killed.
CA - Service Animal - § 600.2. Allowing dog to injure or kill guide, signal or service dog; punishment; restitution It is unlawful for any person to permit any dog he or she owns or controls to injure or kill any service dog while the service dog is in discharge of its duties. A violation is an infraction punishable by a fine if the injury is caused by the person's failure to exercise ordinary care. A violation is a misdemeanor if the injury is caused by reckless disregard in the exercise of control over his or her dog. A violation in this case shall be punishable by a fine and/or imprisonment. Upon conviction, the defendant shall make restitution, including veterinary bills and replacement costs.
CA - Service Animal - § 600. Horses or dogs used by peace officers or volunteers; This statute makes it an offense to willfully, maliciously and with no legal justification harm, injure, obstruct, or interfere with a horse or dog under the supervision of law enforcement in the discharge of official duties or a volunteer under the direct supervision of a peace officer. Violations are punishable by a fine and/or imprisonment. Punishment depends on the seriousness of the injury to the animal. Upon conviction, a defendant must also pay restitution for damages.
CA - Facility - § 868.4. Authorization for therapy or facility dogs to accompany certain witnesses in criminal This law, effective in 2018, allows either party in a criminal or juvenile hearing to ask the court for approval to bring a therapy or facility dog for a child witness in a court proceeding involving any serious felony or any other victim who is entitled to a support person. Before a therapy or facility dog may be used, the party seeking its use must file a motion with the court that includes: (1) the training or credentials of the therapy or facility dog; (2) the training of the therapy or facility dog handler; and (3) facts justifying that the presence of the therapy or facility dog may reduce anxiety or otherwise be helpful to the witness while testifying. The court may grant the motion unless it finds the use of the therapy or facility dog would cause undue prejudice or be unduly disruptive to the court. Appropriate measures must be taken to assure that the presence of the therapy or facility dog as unobtrusive and nondisruptive as possible.
CA - Assistance Animal - California Assistance Animal/Guide Dog Laws The following statutes comprise the state's relevant assistance animal and guide dog laws.

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