Iowa

Summary: This Iowa regulation was amended in 2020 by adding subsection 31.1(14) to allow "pet dogs" on exterior premises of a food establishment, including outdoor patio and outdoor dining areas, provided the food establishment meets all of the listed requirements. These requirements include: having a separate outdoor entrance; not allowing food preparation in the outdoor area or storage of reusable customer utensils; mandating that food or water dishes provided to dogs are single-use and disposable or come from the pet owners themselves; prohibiting contact between employees and the dogs; making sure the outdoor area is kept clean; ensuring that the area is immediately cleaned and sanitized if body fluids are excreted; making sure the outdoor area is not fully enclosed; requiring the removal of disruptive pet dogs; and posting of rules at the entrance. These rules include the leashing of dogs at all times, the prohibiting of dogs in the interior of the food establishment and on furniture, and the requirement to notify employees if the dog deposits any body fluid.

Summary: Karen Cohen possessed a severe allergy to pet dander which was medically documented. Cohen was even more severely allergic when exposed to cat dander which required her to carry an EpiPen with her. Initially her allergy to cats was the same as her allergy to dogs, however, with repeated exposure, her allergy to cats became worse. Cohen feared that her allergy to dogs would similarly progress if she were repeatedly exposed to dogs. As a result, Cohen entered into a lease agreement with 2800-1 LLC to rent an apartment relying on the fact that the apartment complex had a no pet policy. Two months into her lease, David Clark entered into a lease agreement with 2800-1 LLC to rent an apartment down the hall from Cohen. Shortly after moving in, Clark presented 2800-1 LLC with a letter from his psychiatrist explaining that due to Clark’s chronic mental illness a dog would benefit his mental health. Clark request a reasonable accommodation to have an emotional support animal (“ESA”) on the apartment premises. Jeffrey Clark, the leasing and property manager, notified the other tenants in the building of the request to accommodate the ESA and asked if any tenants had allergies to dogs. Cohen responded to Jeffrey detailing the allergies that she had to dogs and cats. Jeffrey subsequently contacted the Iowa Civil Rights Commission (“ICRC”) and requested a review or a formal agency determination. A staff member of the ICRC informed Jeffrey that he had to reasonably accommodate both Cohen’s allergies and Clark’s ESA request. There was no formal finding that this would constitute a reasonable accommodation. 2800-1 LLC allowed Clark to have a dog as his ESA while at the same time trying to mitigate Cohen’s allergies by having Cohen and Clark use separate stairwells and purchasing an air purifier for Cohen’s apartment. Despite the attempts to accommodate both tenants, Cohen still suffered allergic reactions and she had to limit the amount of time she spent in her apartment building. On September 27, 2017, Cohen brought a small claims action against 2800-1 LLC seeking one month’s rent as damages and alleging that 2800-1 LLC breached the express covenant of her lease that provided for no pets. Cohen also alleged that both Clark and 2800-1 LLC breached her implied warranty of quiet enjoyment. The small claims court dismissed Cohen’s claims. Cohen filed a notice of appeal three days later to the district court. The District Court concluded that 2800-1 LLC made sufficient efforts that would have justified denying Clark’s request for accommodation or asking him to move to another apartment building, however, because Iowa law was not sufficiently clear, they also dismissed the claims against 2800-1 LLC and Clark. Cohen filed an application for discretionary review to which 2800-1 LLC consented. The Supreme Court of Iowa granted the parties’ request for discretionary review. The Supreme Court noted that there is no law in Iowa or any other jurisdiction that clearly establishes how landlords should handle reasonable accommodation questions with ESAs. The Court ultimately found that Clark’s ESA was not a reasonable accommodation and that the 2800-1 LLC breached its promise to Cohen that the apartment would have no pets other than reasonable accommodations. 2800-1 LLC had other apartments available in other buildings that allowed pets. Cohen also had priority in time since she signed her lease first. The Court ultimately reversed and remanded the district court’s dismissal of Cohen’s case.

Summary: This act legalizes and only applies to pari-mutuel wagering on dog and horse races in the state of Iowa. The act creates a state racing and gaming commission which has full jurisdiction to investigate applicants, adopt standards, and regulate all horse and dog races governed by the act. Organizations that wish to conduct horse and dog racing must apply to the commission for a license and meet the requirements. Tracks that are licensed to race dogs are required to maintain a racing dog adoption program.

Summary: Joe Berger appeals from the provisions of the decree of divorce from Cira Berger, including the court’s grant of Max, the family golden retriever, to Cira. He argues that it would be more equitable to grant him ownership of Max because Cira already owns another dog, Sophie, and the parties’ son, who lives with Joe, is very attached to Max. The district court made their decision based on which party would be more available to care for the dog. This court affirms that decision, citing evidence that Max is licensed to Cira, only Cira’s name is in the dog’s ‘GEO tracker’ device, and Cira got Max medical attention even when Max was in Joe’s care. The court specified that they need not determine a pet's best interests when deciding custody.

Summary: This Iowa law prohibits “remote control or internet hunting." This involves the acts of offering such services for sale as well as taking, or assisting in the take of a wild animal kept on a hunting preserve by remote control or internet hunting. A person who violates this section is guilty of a serious misdemeanor. A second or subsequent violation of this section is punishable as a class “D” felony.

Summary: The Iowa Emergency Response Plan contains several specific references to pets and service animals. In fact, "[p]rovisions will be made for the care of pets in nearby locations. Service animals for persons with disabilities are allowed by law to stay in shelter with their owner and are not considered pets." There are requirements under the plan for agency coordination to shelter pets.

Summary: Plaintiff Shumate was barred from bringing a dog that she was training, into the classroom and to another school event. Shumate worked as a service dog trainer, while she was a student at Drake University Law School, the Defendant in this case. In 2011, Shumate filed a lawsuit alleging that Drake University discriminated against her as a service dog trainer in violation of Iowa Code chapter 216C. She alleged that chapter 216C, implicitly provided service dog trainers with a private right to sue. The Supreme Court of Iowa held that the statute does not provide service dog trainers with a private right to sue, nor did it include them under the coverage of chapter 216. The Court reasoned that although Shumate trained dogs to assist the disabled, she was not covered because she is not a person with a disability. The Court stated that closely related statutes expressly created private enforcement actions to aid the disabled while chapter 216C does not. Because an implied right of action would circumvent the procedures of the Iowa Civil Rights Act, the Iowa legislature purposely omitted a private right to sue from chapter 216C. The court vacated the decision of the court of appeals and affirmed the district court's judgment dismissing Shumate's petition with prejudice.

Summary: This section of Iowa laws relates to veterinary liens related to treatment of livestock. A veterinarian shall have an agricultural lien as provided in section 554.9102 for the actual and reasonable value of treating livestock, including the cost of any product used and the actual and reasonable value of any professional service rendered by the veterinarian. In order to perfect the lien, the veterinarian must file a financing statement in the office of the secretary of state as provided. “Livestock” means an animal belonging to the bovine, caprine, equine, ovine, or porcine species, ostriches, rheas, emus, poultry, or fish or shellfish.

Summary: This is a short overview of Iowa Great Ape law.

Summary: In 2007, Iowa passed the Dangerous Wild Animals Act (DWA) which classifies all Great Apes as “dangerous wild animals” and restricts the purposes for which they may be imported or possessed.The following discussion begins with a general overview of the various state statutes and regulations affecting Great Apes. It then analyzes the applicability of those laws to the possession and use of apes for specific purposes, including their possession as pets, for scientific research, for commercial purposes, and in sanctuaries.