Pit Bulls Can Be Protected Service Animals Under the ADA
An Iowa Federal Judge spent the Christmas holidays deciding an ADA lawsuit filed against the Iowa city of Aurelia by James Sak, a retired Chicago police officer who is disabled as a result of a stroke. Aurelia has a city ordinance forbidding pit bulls from the city. Sak has a specially trained pit bull service animal (Snickers) to assist him. The decision, although a preliminary injunction only, granted Sak and Snickers protection from enforcement of the ordinance. Snickers had no history of ever having been aggressive. The dog was specially trained to assist Sak in day-to-day activities and dealing with tremors Sak suffers as a result of the stroke. Given the City presented no evidence that Snickers was a danger to anybody, Judge Bennett issued a preliminary injunction forbidding the City from enforcing its ordinance against him. In essence, the ADA trumps local rules against specific breeds of dog.
It is likely this case will be resolved on a permanent basis given the language of the opinion. The memorandum opinion starts off with several remarkable quotes, one of which is "When a man's best friend is his dog, that dog has a problem." and concludes with "This is one small, but vital step for Sak, one giant leap for pit bull service dogs.
Many municipalities and counties have ordinances similar to the one at issue in this case. This case demonstrates that persons with disabilities have the ability to insist on using the service animal that was trained to meet their needs. Litigation and decisions such as this are exactly why the ADA was created.
LaBovick Law Group supports the needs of all persons, and Attorney Joseph R. Fields, Jr., Esq. is one of the preeminent ADA litigators in the nation, having testified before Congress as to these laws. More information on his practice and experiences can be found at LaBovick.com. Attorney Fields is available for free consultations to discuss the legal needs and concerns of all clients with disabilities.
Full Article: Despite pit bull ban, man reunited with service dog
(image courtesy of animal farm foundation)
Brian F. LaBovick, Esq.
Esther Uria LaBovick, Esq.
Mark R. Hanson, Esq.
Joseph R. Fields Jr., Esq.
Marcie Dodson, J.D.