Summary: The commission by rule shall establish a pilot program for veterans to assist in mitigating the symptoms of military service-related post-traumatic stress disorder, traumatic brain injury, or military sexual trauma through the provision of a service dog.
Summary: In this Ohio juvenile dependency case, a father appeals a juvenile court judgment ordering him to transfer the his dog to his child, claiming that the court lacked the authority to transfer possession of the dog. He also claims the dog is his personal property and not the child's. The child, who does not live with the father, suffers from panic attacks and has difficulty sleeping at night. The child's therapist testified that the child's mental health symptoms are exacerbated by "missing and worrying about the dog." The therapist testified that, because of the bond that child shares with the dog, the child's emotional support dog should be this particular dog. In contrast, the father claims the dog is legally his and provides a household benefit for him by keeping raccoons away from his chickens and deterring thieves from entering the property. The lower court found that the child shares a bond with the dog and having the dog as an emotional support animal would benefit the child. On appeal, the father argues that an emotional support animal does not fall within the statutory definition for "counseling" and, thus, the court's order was tantamount to giving away his property. In looking at the statute, the court noted that "counseling" is undefined and so looking at the plain and ordinary meaning is appropriate. As a result, the court found that the dictionary definition read with the policy goals of the chapter on jurisdiction of the juvenile court allowed the court to conclude that the term "counseling" includes the use of emotional support animals. The evidence in this case also shows that this particular dog is necessary as ". . . this particular dog is not just a pet, but rather is an emotional support animal for child, as evidenced by child's strong emotional bond with this particular dog and various testimony demonstrating that this particular dog will contribute to child's well-being by providing child with emotional stability and security." As to the property issue raised by the father, the court observed that courts routinely order parents to provide support for their children and this transfer of property did not abuse the court's discretion. Affirmed.
Summary: This subpart concerns accessibility of aircraft and service animals. Per section 382.72, airlines must allow a service animal to accompany a passenger with a disability. They must not deny transportation to a service animal based on the animal's breed or type or on the basis that its carriage may offend or annoy carrier personnel or persons traveling on the aircraft. The next section describes the process for determining that an animal is service animal. If a passenger with a disability seeks to travel with a service animal, airlines may require the passenger to provide them, as a condition of permitting the service animal to travel in the cabin, a current completed U.S. Department of Transportation Service Animal Air Transportation Form.
Summary: The plaintiff (“Whiteaker”) filed this action against Defendant, the City of Southgate, Michigan for violations of the Fair Housing Act (“FHA”) and Michigan's Persons with Disabilities Civil Rights Act (“PDCRA”). Specifically, Whiteaker contends that the City violated the FHA by denying Whiteaker's request for an exemption from City Ordinance 610.13, which prohibits City residents from maintaining chickens (or other typical farm animals) on their property. The events underlying this action began after Whiteaker moved to Southgate in early March 2021. On March 24, 2021, Whiteaker was issued a citation by the City for a violation of Ordinance 610.13. Whiteaker appeared in district court to defend himself, claiming he had a right to keep the chickens under Michigan's Right to Farm Act. However, it turned out the Right to Farm law was inapplicable because Whiteaker's chicken coop was within 250 feet of a dwelling. Thus, Whiteaker was issued a second citation in May and was denied a permit to keep the chickens by the city. Since Whiteaker was a longtime sufferer of depression and anxiety, he sought a waiver from the ordinance as a reasonable accommodation for his disability and presented a letter from his mental health provider as support. Again, his request was denied by the City. In the instant motion for summary judgement by the City, the court examined the "reasonableness" of Whiteaker's request for a reasonable accommodation under the FHA. The court found that the balancing test required under the FHA, to wit, weighing Whiteaker's disability-related need to keep the chickens as a source of comfort and support against the City's claims that the chickens pose a threat to public health, is a triable issue of fact. Indeed, the court observed that the City's citation of documentation from the CDC only lists the "potential dangers" chickens can pose to public health without sufficient evidence to supports its claim that the chickens will burden the City financially and administratively. In contrast, Whiteaker claims a disability and has provided evidence of his disability. Likewise, as to the remaining elements of necessity and equal opportunity for a reasonable accommodation claim, the court again cites Whiteaker's evidentiary support for his claim of disability and need for the chickens to alleviate those symptoms against the fact the City has not presented any testimony, affidavits, or "evidence of any kind" to support its claim. Thus, the court denied the motion for summary judgment.
Summary: The defendants, Westlo Management LLC (Westlo) seek review of a Superior Court order granting partial summary judgment on several counts in favor of the plaintiffs, Curtis W. Andrade and The Rhode Island Commission for Human Rights (the commission). The defendants assert that the existence of genuine issues of material fact precluded partial summary judgment and that the commission did not have standing to intervene in this matter. The matter stems from a denial of plaintiff's request for a reasonable accommodation at Westlo's property. Prior to moving in to Westlo's low-income property, plaintiff was told by a leasing agent that he was not permitted to have his dog, Enzo, because the dog (a pit bull) was on the complex' restricted breed list. Andrade then informed the leasing manager that the dog was his support animal (although he could not recall at deposition whether he filled out paperwork for an assistance animal). After moving in, he left the dog mostly at his mother's residence, but did bring the dog to his residence in December of 2011. While the dog was there, an incident occurred with another resident in a hallway near the elevators. Andrade testified that his dog never made physical contact with the resident, while the other resident claims the dog charged at him and pinned him to a wall. This resulted in a report being made to the building manager who then informed Andrade the dog was not allowed on the premises. Andrade then discussed the need for a support animal with his doctor who agreed and wrote a note stating that Andrade “would benefit in having a dog due to his medical condition[.]” The building manager rejected this request in a letter citing the breed ban and the recent incident with the dog. After a subsequent refusal by the building manager, Andrade filed a charge of discrimination with the Rhode Island Commission for Human Rights. After unsuccessful settlement discussions with the parties, Westlo initiated eviction proceedings against Andrade for non-payment of rent and the commission issued a right-to-sue letter. Andrade then filed the instant lawsuit and a hearing justice granted the commission's right to intervene. The complaint against Westlo raised the unlawful denial of full and equal access to housing and public accommodations based on Andrade's disability and unlawful retaliation by eviction, among other things. After cross-motions for summary judgment by both parties, the hearing justice granted plaintiffs motion for summary judgment finding that Westlo had discriminated against Andrade. However, she found there to be a genuine issue of material fact as to whether the dog had requisite training. Further, she refused to interfere with the order granting the commission's motion to intervene. The justice also acknowledged that she had misstated that the request for the reasonable accommodation had occurred before the elevator incident with the other resident. As a result, she declined to make a finding of fact on that issue. On defendants' appeal of summary judgment, defendants argue that the issue of whether an accommodation is reasonable under the FHA is a factual one and thus it was error for the hearing justice to make those determinations. The Supreme Court looked at the similar language of both the federal FHA and the state FHPA. While the court found that plaintiff met the definition for disability under the laws and that defendant was made aware of plaintiff's need for reasonable accommodation, it was troubled by the "direct threat" posed by the dog. Specifically, the court found issue with the date mix-up in the initial hearing for the incident with the dog an other resident. Therefore, due to the highly fact-specific nature of the assessment of an assistance animal as well as the conflicting evidence presented, this court disagreed with the hearing justice and concluded summary judgment was not appropriate. Further, the court found a genuine issue of material fact as to whether the dog was "necessary" to fully enjoy his dwelling since benefit of dog as it relates to plaintiff's disability was not fully described and the dog lived away from plaintiff for a year. As to the challenge to the motion to intervene, the court found Westlo failed to obtain the transcripts necessary to review the issue. Thus, this court quashed that portion of the Superior Court order that grants the plaintiffs’ motion for summary judgment “as to the [l]iability of Westlo Management, on [c]ounts 1, 2, 3, and 7[.]” The record was remanded to the Superior Court for further proceedings in accordance with this opinion.
Summary: Texas enacted a facility dog/courthouse dog law in 2021. Under the law, any party to an action filed in a court in this state in which a proceeding related to the action will be held may petition the court for an order authorizing a qualified facility dog or qualified therapy dog to be present with a witness who is testifying before the court. The court may enter an order authorizing a qualified facility dog or qualified therapy dog to accompany a witness testifying at the court proceeding if: (1) the presence of the dog will assist the witness in providing testimony; and (2) the party petitioning for the order provides proof of liability insurance coverage in effect for the dog. A handler must accompany the qualified facility dog (as defined in the law).
Summary: This statute, enacted in 2020, creates a Court Dog Program for Maryland for participating counties. The program functions in a circuit court that participates in the Program and provides a facility dog or therapy dog to a child witness in the circuit court proceeding or other related court process, meeting, or interview in the State. It also operates in a circuit court or District Court that offers a veterans treatment court program where it provides a facility dog or therapy dog to a veteran participating in a veterans treatment court proceeding or other related court process or meeting in the State.
Summary: Plaintiff Christine Guenther appeals her dismissal of her complaint for declaratory judgment against her condominium complex. Guenther contended that Walnut Grove refused to make a reasonable accommodation under the federal Fair Housing Act and the Nebraska Fair Housing Act (collectively FHA), by denying her request to secure her daughter's emotional support dogs through construction of a fence in a common area. In 2018, Guenther made a request to Walnut Grove to construct a fence through part of the common area behind her condominium so that her dogs can safely spend time outside. Guenther stated that she made this request because she witnessed (via sounds) her first emotional support animal killed by either another dog or a car shortly after she moved in. However, Walnut Grove denied Guenther's request, contending that it lacked the authority to divide or partition the "common elements" of the property. As a result, Guenther filed a complaint in the district court for Douglas County seeking a declaration that Walnut Grove refused a reasonable accommodation under the FHA. A trial was held and the lower court dismissed Guenther's complaint, holding that Guenther's daughter did not suffer from a physical or mental impairment which substantially limits one or more of her major life activities and that therefore, Guenther failed to show that N.G. is a handicapped person. Additionally, the court held that Guenther failed to prove that her requested accommodation is necessary to afford the daughter an equal opportunity to use and enjoy the home. On appeal to the Nebraska Supreme Court, the court found the case boiled down to whether Guenther "carried her burden of proving her request to build a fence in Walnut Grove's common area (1) is reasonable and (2) necessary (3) to afford a handicapped person the equal opportunity to use and enjoy a dwelling." As to the factors, the court found that while it is undisputed that the daughter suffered from mental health disorders that were benefited by the interaction with the family dogs, there was insufficient proof that a fence was necessary. In fact, testimony revealed that the daughter freely enjoyed the use of the animals while at Walnut Grove. The fence was not a necessary part of Guenther's ability to use and enjoy the dwelling. Further, Guenther failed to prove that the alternatives proposed by Walnut Grove would not have been effective. Because Guenther failed to meet her burden to prove that construction of the fence is necessary, her claim for refusal of a reasonable accommodation under the FHA failed the judgment was affirmed.
Summary: In 2020, South Dakota enacted provisions for the use of "certified therapeutic dogs" for certain witnesses (children or those with developmental disabilities as defined in the law) in criminal proceedings. A certified therapeutic dog is defined as a dog that has received the requisite training or certification and is registered with Therapy Dogs Incorporated, Therapy Dogs International, Assistance Dogs International, or an equivalent organization to perform the duties associated with therapy dogs in places such as hospitals, nursing homes, and other facilities where the emotional benefits of therapy dogs are recognized. Before using the dog, the party desiring to utilize the presence of a certified therapeutic dog must file a motion containing listed information outside the presence of the jury. A handler may accompany the dog and sit behind or next to the witness stand.
Summary: This Michigan case centers on the adequacy of the evidence supporting a request for an assistance animal. Antony Fabode lived in a mobile home on property that was leased to his sister by Riverbrook. In the spring of 2018, Antony obtained a puppy, King, which he claims is a Labrador Retriever mix, but was suspected by Riverbrook as being a banned pit bull type dog. Riverbrook consequently notified Antony's sister of the violation and ordered the dog removed from the premises. To that order, Antony first responded to Riverbrook with a certificate claiming that King was an emotional support animal (ESA) and, after that was rejected as insufficient, came back with a letter by limited license professional counselor, Anne Venet. After again denying the request, Riverbrook sought to enforce the consent judgment with an order of eviction. The district court granted the motion and ordered Antony's removal. Antony sought a stay of eviction on the grounds that he and his sister were authorized to possess King as an ESA. At the district court hearing, Venet testified in support of her letter explaining that she determined Antonuy's need for an ESA after a brief phone call. The court then declined to permit questioning by Riverbrook into the credibility of the determination that Antony was disabled and needed King as a therapeutic aid. Ultimately, the district court denied the writ for eviction. The circuit court affirmed that ruling based on the FHA and the caselaw that supports an unobtrusive line of questioning. The crux of this appeals centers on whether the lower court's order denying Riverbrook's writ of eviction was erroneous after the court disallowed Riverbrook's attorney from questioning the reliability of the evidence of disability and need for an assistance animal. The Michigan Court of Appeals found that "the district and circuit courts avoided their gatekeeper role under MRE 702 despite Riverbrook's repeated objections to the reliability and admissibility of the Fabodes’ evidence." This hampered Riverbrook's ability to discover whether the information presented was reliable and supported Antony's disability-related request and whether Riverbrook refused to make a reasonable accommodation for a tenant based on disability or handicap. The circuit court order was vacated the matter was remanded for further proceedings consistent with this opinion.
