On July 17, 2015, a California Court of Appeal confirmed that denying service to a patron with a service animal can give rise to claims under either the Unruh Act (California Civil Code §§51, 52) or the Disabled Person Act...more
In Flowers v. Brinda Prasad (2015) 2015 DAR 8259, disabled plaintiff John Smith and his son Seth Smith brought suit alleging they had been denied service at defendants’ business (the Valley Indian Café in Rohnert Park,...more
According to a recent Department of Justice (DOJ) settlement, some pets are allowed in the house. HUD filed and settled a civil rights lawsuit against RiverBay Corporation, a New York City-based affordable housing cooperative...more
The U.S. Department of Justice (DOJ) issued new guidance yesterday regarding the applicability of the Americans with Disabilities Act (ADA) to service animals. The new guidance underscores the DOJ’s 2010 revisions to the ADA...more
With the 25th anniversary of the Americans with Disabilities Act (“ADA”) just two weeks away, the U.S. Department of Justice (“DOJ”) has released a new technical assistance document addressing frequently asked questions...more
On this blog we’ve explored the laws related to service animals and how the ADA’s regulations extend their use far past traditional notions of “seeing eye dogs.” In Wisconsin (admit it, you assumed this blog post was going to...more
We recently came across a news story that inspired us to draft this post: A Wisconsin woman and a kangaroo enter a restaurant. (If that isn’t a great joke intro, we don’t know what is.) Another customer calls the police to...more
Recently, a Federal court in Northern California denied Uber Technologies, Inc.’s request to dismiss an access lawsuit. The plaintiffs, National Federation of the Blind of California (“NFBC”) and individual blind members with...more
With everything from alpacas, pigs and turkeys, to even a snake being claimed as service animals, it is not surprising that many business owners are asking what truly qualifies as a “service animal” under the law. ...more
Some start-ups are already doing it. And, other companies are considering the cost-benefit analysis of allowing employees to bring their pets to work. However, much like an unfamiliar dog, pet policies have to be handled...more
It’s the busy shopping season, and a customer, who does not seem to have any disabilities, comes in with a miniature horse on a leash. What do you do? Well, there are only two questions you can legally ask this person in this...more
United States v. Univ. of Nebraska at Kearney, 2014 WL 4215381 (D. Neb. Aug. 25, 2014).
In this housing discrimination case, the plaintiff sought an expanded scope of discovery through a motion to compel. The plaintiff...more
Here are some of the most Frequently Asked Questions on service animal issues under the Americans with Disabilities Act or ADA.
What qualifies as a “service animal?”...
Increasingly, students with disabilities bring service animals to college campuses. This means that educational institutions must sort through an array of competing federal and state laws governing the use of such animals in...more
Joey is a 5th grade student who is hearing impaired. Joey’s parents request that he be allowed to attend school with his service dog, Snickers. You learn that Joey’s teacher is severely allergic to animal dander. You are also...more
The 2013 legislative session was a busy one for the state’s legislators....more
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