CHAKO v. City and County of San Francisco

Points and Authorities in Opposition to Motion to Dismiss


In 2005, at Defendants’ urging, the California Legislature enacted SB 861. Prior to the enactment of SB 861, California law prohibited local governments from enacting programs to control “potentially dangerous or vicious a manner that is specific as to breed.” In its final form, SB 861 amended then-existing law and allowed local governments to adopt breed-specific regulations for dogs. SB 861 was introduced by State Senator Jackie Speier.

CHAKO (Coalition for Human Advocates for K9's And Their Owners) challenged the law as discriminatory against persons with mobility-related disabilities, as the ordinance did not exempt service dogs from its provisions.

The defense motion was granted, in part, but denied as to CHAKO's disability discrimination claims.

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Reference Info:Legal Memoranda: Motion Addressed to Pleadings | Federal, 9th Circuit, California | United States

DISCLAIMER: Because of the generality of this update, the information provided herein may not be applicable in all situations and should not be acted upon without specific legal advice based on particular situations.

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