Disability and Animals
Displaying 101 - 110 of 253
Title |
Summary |
|---|---|
| LA - Facility dog - § 284. Facility dogs; use in court; procedure | This 2018 Louisiana law allows a witness who is under 18 or who has a developmental disability (as defined) to have a facility dog, if available, accompany him or her while testifying in court. Additionally, the court may allow any witness who does not meet those criteria to have a facility dog, if available, while testifying in court. Under this section, a "facility dog" means a dog that is certified and a graduate of an assistance dog organization that is accredited by Assistance Dogs International or a similar internationally recognized organization whose main purpose is to grant accreditation to assistance dog organizations based on standards of excellence in all areas of assistance dog acquisition, training, and placement. |
| Labor Commission v. FCS Community Management | This case concerns the Utah Anti-discrimination and Labor Division's (UALD) determination that a homeowner's association's three-month delay in responding to a member's request for reasonable accommodation to keep chickens on their property as assistance animals for a child with anxiety and PTSD violated the Utah Fair Housing Act. The trial court found that this three month delay was a constructive denial of the request, because under the Utah Fair Housing Act a housing provider must participate in an interactive process to evaluate and discuss the request for accommodation, and no such interactive dialogue or interactive process took place. On appeal, the court found that the three month delay in responding to the request was not unreasonably long, especially considering that the HOA had to review the status of chickens as support animals, chicken waste runoff, and possibility of rodent complaints during this time. The court of appeals also found that the members were not harmed by the HOA's alleged delay, since they were still allowed to keep the chickens at this time. The court of appeals then reversed the trial court's holding granting the members damages, fees, and other relief. |
| Labor Commission, Antidiscrimination and Labor Division v. FCS Community Management | This is an appeal of a complaint filed by the Utah Anti-discrimination and Labor Division (ULAD) seeking review of the determination that an HOA violated members' request for reasonable accommodation by denying homeowner's the ability to keep chickens on their property. The chickens were intended to be assistance animals for the homeowner's daughter, who has anxiety and PTSD. The district court found that the HOA constructively denied the homeowner's request for reasonable accommodation by delaying their response to the request for three months. This court reversed the decision of the lower court, finding that there was no constructive denial of the request since the HOA allowed the homeowners to keep the chickens during the interim period, did not punish them for keeping the chickens, and ultimately granted the request to keep the chickens. |
| LaRosa v. River Quarry Apartments, LLC | Plaintiffs, Robert and Iva LaRosa filed this action in August of 2018, alleging that the defendants violated their rights under the Fair Housing Act ("FHA"). The Court dismissed the complaint and the Plaintiffs filed an amended complaint. The Plaintiffs had applied to live at River Quarry Apartments in August of 2017. They requested a reasonable accommodation to keep their dog at the apartment without paying a fee. The Plaintiffs provided a copy of a note from a nurse practitioner stating that the companion dog helps manage Mr. LaRosa’s post-traumatic stress disorder. The Plaintiffs were approved for the apartment but told that their reasonable accommodation request was still being processed and received forms to fill out regarding the reasonable accommodation. River Quarry required Mr. LaRose’s doctor to fill out a form verifying the need for an assistance animal. Rather than completing the form, the plaintiffs provided a letter from Mr. LaRosa’s primary care physician which stated that in the doctor’s opinion, an emotional support animal would help mitigate the symptoms that Mr. LaRose was experiencing. River Quarry insisted on speaking with Mr. LaRose’s doctor directly to verify the information that the plaintiffs had given. After Kirk Cullimore, an attorney on behalf of River Quarry, spoke with the doctor, River Quarry wrote a letter to the Plaintiffs denying their request for a reasonable accommodation stating that the doctor declined to verify that Mr. LaRosa met the two prong test that one must be handicapped and there must be a nexus between the handicap and the need for the animal. Soon after this, Mr. LaRosa saw his primary care physician and had the actual form completed by his doctor and turned it in to River Quarry. Kirk Cullimore believed that the doctor’s signature on the form was forged and called Mr. LaRose’s doctor to speak with him again. The doctor’s secretary informed Cullimore that the signature was genuine. Mr. and Mrs. LaRosa argued that they were injured by the discrimination of the Defendants in violation of the FHA. The Court denied the Plaintiffs claim under the FHA because they did not sufficiently allege that the Defendants refused to make the requested accommodation. River Quarry allowed the dog to stay in the apartment while their request for an accommodation was reviewed. The Court stated that housing providers are granted a meaningful opportunity to investigate a request for an accommodation. Housing providers do not have to immediately approve a request for an accommodation right away. River Quarry ended up approving the request within 45 days after the initial request. The Court held that this was not an unreasonable delay considering that River Quarry did not have sufficient information to make a determination until after Mr. LaRosa’s doctor completed the verification form. Prior to that the doctor’s letter and the phone call between Cullimore and the doctor did not reveal enough information for River Quarry to make a determination on the accommodation. The Plaintiffs, however, succeeded on their interference claim. The LaRosas were engaged in a protected activity when they applied for a reasonable accommodation and they sufficiently alleged that they were subjected to adverse action and that a causal link existed between the protected activity and the adverse action. The Defendants misrepresented the contents of Mr. Cullimore and Mr. LaRosa’s doctor’s conversation. The Court ultimately denied in part and granted in part the Defendant’s motion to dismiss and denied in part and granted in part the motion to dismiss claims against Kirk Cullimore and his law office. |
| Law 29830, 2012 - Peru | This law aims to promote and regulate the use of guide dogs for the blind in both public and private spaces. It provides that people with sight disabilities are permitted to keep their service dogs in private and public places, including public transportation and places of work, as well as regulations for the training and general care for the dogs. |
| Law 30433, 2016 - Peru | This law amends Law 29830, which aims to promote and regulate the use of guide dogs for the visually impaired, with regard to administrative sanctioning procedures, violations and penalties, and access limits to restricted areas. The modification describes sanctions if the applicable legislation is not followed. Such sanctions include strict fines for denying a visually impaired individual access to the premises, relevant services, or their workplace and related benefits. |
| Leigh v. State | 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. |
| Levine v. National Railroad Passenger Corporation | 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. |
| Ley 29830, 2012 - Peru | Esta ley se propone promover y regular el uso de perros guía para invidentes tanto en espacios públicos como privados. Establece que las personas con discapacidad visual pueden tener sus perros de servicio en lugares privados y públicos, incluidos el transporte público y los lugares de trabajo, así como normas para el entrenamiento y el cuidado general de los perros. |
| Ley 30433, 2016 - Peru | Esta ley modifica la Ley 29830, que tiene por objeto promover y regular el uso de perros guía para personas con discapacidad visual, respecto al procedimiento administrativo sancionador, infracciones y sanciones, y a los límites de acceso a las áreas restringidas. La modificación describe sanciones en caso de incumplimiento de la legislación aplicable. Dichas repercusiones incluyen multas estrictas por negar a la persona con discapacidad visual, el acceso al inmueble, al servicio de que se trate, o a su lugar de trabajo y beneficios relacionados. |