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Cordoves v. Miami-Dade Cnty |
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. |
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Crossroads Apartments Associates v. LeBoo |
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. |
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Crowder v. Kitagawa |
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.
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CT - Assistance Animals - Connecticut Assistance Animal/Guide Dog Laws |
The following statutes comprise the state's relevant assistance animal and guide dog laws. |
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CT - Facility - § 51-10d. Judicial Branch Internet web site. Notice and information re animal-assisted therapy |
This Connecticut law enacted in 2017 states that the Judicial Branch shall maintain on its Internet web site (1) notice that the court may exercise its discretion to permit a dog to provide comfort and support to a testifying witness, (2) a hyperlink to the Internet web site of an organization that provides information regarding animal-assisted therapy resources, and (3) if applicable, a hyperlink to information regarding such resources on the Internet web site of the Division of Criminal Justice. |
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CT - Leash - Control of dogs in proximity to guide dogs. |
This Connecticut law provides that the owner or keeper of a dog shall restrain and control such dog on a leash when such dog is not on the property of its owner or keeper and is in proximity to a person with a disability accompanied by a service animal, provided such service animal is readily identifiable as a service animal, is in the direct custody of such person and is licensed. Any person who violates the provisions of this section shall have committed an infraction. If an owner or keeper of a dog violates the provisions of this section and, as a result of such violation, such dog attacks and injures the service animal, such owner or keeper shall be liable for any damage done, including veterinary care, replacement of the service animal, and attorney fees. |
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Cujo Goes to College: On the Use of Animals by Individuals with Disabilities in Postsecondary Institutions |
This Article examines the extent to which animals may be used by individuals with disabilities in a particular setting--postsecondary institutions. Part I of this Article provides an introduction to Section 504, Title II, and Title III. It also summarizes the OCR guidance, which adopts the Title III service animal standards for Title II and Section 504 purposes. Part II analyzes the text and purpose of Title II and Section 504, as well as the practical realities associated with the postsecondary setting, and argues that all animals, not just the service animals of Title III, may be permissibly used by individuals with disabilities under Title II and Section 504.
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DC - Assistance Animals - Chapter 20A. Pet Ownership Restriction in Assisted Housing. |
The owner or operator of locally assisted housing accommodations for elderly or disabled people may not prevent a tenant from keeping common household pets. However, an owner or operator may require the removal of pets whose conduct or condition constitutes a threat or nuisance to the health or safety of the other occupants. A violation is a civil infraction that may result in a fine of up to $300. |
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DE - Assistance Animal - Delaware's Assistance Animal/Guide Dog Laws |
The following statutes comprise the state's relevant assistance animal and guide dog laws. |
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DE - Law-Enforcement Animal - § 1250. Offenses against law-enforcement animals |
This Delaware statute penalizes those who harass a law-enforcement animal. The statute states what constitutes assault in the first and second degree against a law-enforcement animal. |
