Disability and Animals
Displaying 11 - 20 of 243
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Summary |
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| Warren v. Delvista Towers Condominium Ass'n, Inc. | In its motion for summary judgment, Defendant argues Plaintiff’s accommodation request under the Federal Fair Housing Act (the “FHA”) to modify Defendant's “no pet” policy was unreasonable because Plaintiff's emotional support animal was a pit bull and pit bulls were banned by county ordinance. In denying the Defendant’s motion, the District Court found that changing a no pets policy for an emotional support animal was a reasonable accommodation under the FHA. The court also found that enforcing the county ordinance would violate the FHA by permitting a discriminatory housing practice. However, in line with US Department of Housing and Urban Development notices, the court found genuine issues of material fact remained as to whether the dog posed a direct threat to members of the condominium association, and whether that threat could be reduced by other reasonable accommodations. |
| WA - Service Dogs - 162-38-105. Removal of dog guides and service animals. | This Washington regulation concerns trained guide dogs or service animals. It is an unfair practice to request that a trained dog guide or service animal be removed, unless the person can show: (a) that the presence, behavior or actions of that dog guide or service animal constitutes an unreasonable risk of injury or harm to property or other persons; and (b) a reasonable attempt to eliminate the behavior or actions of that dog guide or service animal that constitutes an unreasonable risk fails. |
| WA - Facility dog - 10.52.110. Courthouse facility dog program | This 2019 law allows courts to permit a courthouse facility dog by witnesses in any judicial proceeding. |
| WA - Assistance Animal - Assistance Animal/Guide Dog Laws | The following statutes comprise the state's relevant assistance animal and guide dog laws. |
| VT - Brattleboro - Chapter 3: Animals and Fowl (Article 2: Dogs, Wolf-Hybrids) |
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| VT - Assistance animal - Assistance Animal/Guide Dog Laws | The following statutes comprise the state's relevant assistance animal and guide dog laws. |
| Velzen v. Grand Valley State University | On March 30, 2012, Plaintiff and the Fair Housing Center of West Michigan (“FHCWM”) brought suit against Defendants, a university, alleging unlawful discrimination under the Fair Housing Act (“FHA”), Federal Rehabilitation Act, and Michigan Persons with Disabilities Civil Rights Act (“PWDCRA”), for denying Plaintiff’s request to keep an emotional support animal in on-campus housing. All claims brought against the individual defendants were brought against them in their official capacities as university administrators. Plaintiffs sought both injunctive and compensatory relief. Defendants filed a motion to dismiss pursuant to Federal Rules of Civil Procedure 12(b)(1), lack of subject matter jurisdiction, and 12(b)(6), failure to state a claim upon which relief can be granted. The District Court decided the following would be dismissed: (1) all claims under the PWDCRA against all defendants; (2) all claims for compensatory damages under the FHA brought against all defendants; (3) all claims for injunctive relief under the FHA brought against the institutional defendants; (4) all claims for relief under the Rehabilitation Act by the FHCWM; and (5) all claims for relief under the Rehabilitation Act by Plaintiff that depended on disparate treatment. The following claims remained: (1) Plaintiff and the FHCWM's claims under the FHA seeking injunctive relief from the individual defendants; and (2) Plaintiff's claims against all defendants for compensatory damages and injunctive relief under the Rehabilitation Act pursuant to the failure to accommodate theory. |
| VA - Virginia Beach - Chapter 1 General Provisions and Chapter 5: Animals and Fowl (ARTICLE V: ANIMAL WELFARE. DIVISION 3: PROHIBITED ACTS) |
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| VA - Licenses - § 3.2-6528. Amount of license tax | This Virginia statute provides that the governing body of each county or city shall impose by ordinance a license tax on the ownership of dogs within its jurisdiction. With regard to cats, the governing body of any county, city or town which has adopted an ordinance requiring licensing of cats shall impose by ordinance a license tax on the ownership of cats within its jurisdiction. The tax amount may vary depending on whether the pet is male or female, and neutered or spayed. |
| VA - Facility dog - § 18.2-67.9:1. Use of a certified facility dog for testimony in a criminal proceeding | This Virginia law, enacted in 2018, allows either party in a criminal proceeding to apply for an order from the court allowing a certified facility dog to be present with a witness testifying before the court through in-person testimony or testimony televised by two-way closed-circuit television. A court may allow if it several factors are found by a preponderance of the evidence. In this section, a “certified facility dog” means a dog that (i) has completed training and been certified by a program accredited by Assistance Dogs International or by another assistance dog organization that is a member of an organization whose main purpose is to improve training, placement, and utilization of assistance dogs and (ii) is accompanied by a duly trained handler. |