Puerto Rico

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De Leon v. Vornado Montehiedra Acquisition L.P.

Summary: The defendant in this case sought to dismiss plaintiff’s case, stating that the plaintiff claim did not have proper constitutional standing under the Americans with Disabilities Act (ADA). The court denied defendant’s request and held that plaintiff did present sufficient evidence to establish standing under the ADA. In order to establish standing, the plaintiff needed to prove three elements: (1) actual or threatened injury, (2) causal connection between the injury and the challenged conduct, and (3) that a favorable court decision can redress the injury. The court determined that plaintiff did satisfy all three elements by showing that plaintiff’s disabled daughter was not allowed in defendant’s shopping mall with her service dog after the mall security guard was not properly informed of protocol regarding service dogs. Ultimately, the security guard mistakenly believed that the service dog needed documentation in order to enter the mall; however, the dog was properly identified as a certified service dog and should have been allowed into the mall. Defendant's motion to dismiss was denied.

The defendant in this case sought to dismiss plaintiff’s case, stating that the plaintiff claim did not have proper constitutional standing under the Americans with Disabilities Act (ADA). The court denied defendant’s request and held that plaintiff did present sufficient evidence to establish standing under the ADA. In order to establish standing, the plaintiff needed to prove three elements: (1) actual or threatened injury, (2) causal connection between the injury and the challenged conduct, and (3) that a favorable court decision can redress the injury. The court determined that plaintiff did satisfy all three elements by showing that plaintiff’s disabled daughter was not allowed in defendant’s shopping mall with her service dog after the mall security guard was not properly informed of protocol regarding service dogs. Ultimately, the security guard mistakenly believed that the service dog needed documentation in order to enter the mall; however, the dog was properly identified as a certified service dog and should have been allowed into the mall. Defendant's motion to dismiss was denied.

PR - Domestic Violence - § 1678 Protection orders

Summary: <p> This Puerto Rico law provides that, in all cases in which a person is accused of domestic violence or child abuse, the court shall, by petition of party, issue a protection order for the petitioner so that he/she be the sole custodian of the animal. The court shall order the accused to keep far away from the animal and prohibit contact of any kind. Violation is a fourth-degree felony. </p>

This Puerto Rico law provides that, in all cases in which a person is accused of domestic violence or child abuse, the court shall, by petition of party, issue a protection order for the petitioner so that he/she be the sole custodian of the animal. The court shall order the accused to keep far away from the animal and prohibit contact of any kind. Violation is a fourth-degree felony.

PR - Ordinances - Municipal regulation of domestic animals

Summary: <p> <span> This Puerto Rico statute confers authority to&nbsp;the municipal councils of Puerto Rico to regulate by ordinance, the running at large of domestic animals,&nbsp;destruction and impounding of&nbsp;such animals,&nbsp;as well as the&nbsp;regulation of muzzling and licensing of dogs.&nbsp; In addition, the councils are given authority to enact all needful ordinances to protect the public health as affected by the running at large of domestic animals. </span> </p>

This Puerto Rico statute confers authority to the municipal councils of Puerto Rico to regulate by ordinance, the running at large of domestic animals, destruction and impounding of such animals, as well as the regulation of muzzling and licensing of dogs.  In addition, the councils are given authority to enact all needful ordinances to protect the public health as affected by the running at large of domestic animals.

PR - Ordinances - § 4054 Municipal faculties in general

Summary: <p> <span> This Puerto Rico statute provides that each municipality has the general power to&nbsp;order, regulate and resolve whatever is necessary and convenient to attend to its local needs and for its greater prosperity and development.&nbsp; Among these powers is the power to regulate whatever concerns stray domestic animals, including&nbsp;euthanasia and disposal in interest of the public health, establishing rules and conditions under which they can be rescued by their owners, the muzzling and licensing of dogs, and the adoption and implementation of such precautionary measures that are necessary or convenient to protect the public health as it may be affected by domestic stray animals. </span> </p>

This Puerto Rico statute provides that each municipality has the general power to order, regulate and resolve whatever is necessary and convenient to attend to its local needs and for its greater prosperity and development.  Among these powers is the power to regulate whatever concerns stray domestic animals, including euthanasia and disposal in interest of the public health, establishing rules and conditions under which they can be rescued by their owners, the muzzling and licensing of dogs, and the adoption and implementation of such precautionary measures that are necessary or convenient to protect the public health as it may be affected by domestic stray animals.

Maldonado v. Fontanes

Summary: <p> At issue in this particular opinion is the interlocutory appeal of the Mayor of Barceloneta, Puerto Rico based on the district court's denial of his motion to dismiss on the basis of qualified immunity. This case was initially brought after two successive raids on public housing complexes, within ten days of the Municipality of Barceloneta assuming control of the public housing complexes from the Puerto Rico Public Housing Administration on October 1, 2007. Prior to the raid, the residents, mostly&nbsp;Spanish-speakers,&nbsp;were given notice of the new&nbsp;"no pet policy," which were written in English.&nbsp;During the raids, plaintiffs' pets were seized and then killed by either being slammed against the side of a van or thrown off a 50-foot bridge. This&nbsp;First Circuit&nbsp;affirmed the denial of the Mayor's motion for qualified immunity on the Fourth Amendment and Fourteenth Amendment procedural due process claims. However, it reversed the denial of qualified immunity to the Mayor as to the plaintiffs' Fourteenth Amendment substantive due process claims and ordered those claims dismissed. </p>

At issue in this particular opinion is the interlocutory appeal of the Mayor of Barceloneta, Puerto Rico based on the district court's denial of his motion to dismiss on the basis of qualified immunity. This case was initially brought after two successive raids on public housing complexes, within ten days of the Municipality of Barceloneta assuming control of the public housing complexes from the Puerto Rico Public Housing Administration on October 1, 2007. Prior to the raid, the residents, mostly Spanish-speakers, were given notice of the new "no pet policy," which were written in English. During the raids, plaintiffs' pets were seized and then killed by either being slammed against the side of a van or thrown off a 50-foot bridge. This First Circuit affirmed the denial of the Mayor's motion for qualified immunity on the Fourth Amendment and Fourteenth Amendment procedural due process claims. However, it reversed the denial of qualified immunity to the Mayor as to the plaintiffs' Fourteenth Amendment substantive due process claims and ordered those claims dismissed.

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