emo support dogs claimed to be SDs

[responsiblek9]

www.janejarrow.com/public_library/ dsshetopics/anires&servvscomp.html

The University of Oklahoma was involved in a lawsuit over this issue. A therapist provided a letter to this office for a student with a disability. The letter indicated that this particular student had "found a stray dog(a poodle) and bonded with it." The therapist was now requesting that the University allow the student to keep the dog in his university apartment. The reason provided was if the university did not allow this it may jeopardize the student's ability to bond with people in the future. We have a no pets rule for many of the reasons which all of you have stated. We do, of course, allow service animals.

We made the decision that, under ADA, this poodle would not be considered a service animal. Nor did we feel that the therapist had provided adequate reasons that this was an appropriate accommodation. This denial did turn into a three ring circus with the student utilizing the press. We maintained our position, and the student continued to push the issue. He continued to kept the poodle in his apartment. We were reluctant to evict him. He then began transporting the poodle on our mass transit system, and eventually, started taking the poodle to class.

We successfully defended the lawsuit. I had been named as causing this student intentional mental duress. In spite of the media attention, I still hold firm on our decision that this was not a service animal. It was not individually trained to meet any specific disability needs of this individual.

I also turned down a student's request for her pit bulls to be considered service animals. She had arthritis and claimed that the service provided by the dogs was protection!. I certainly believe that pets can be therapeutic. This does not make them service animals as defined by the law. Interestingly enough, through this whole process, the students with disabilities(especially those who utilize service animals) supported the University. They felt that an untrained animal jeopardized their welcomes into restaurants, businesses, etc. by the local merchants. They wanted to continue to protect the image of trained service animals for specific disability needs such as guiding someone who is blind, alerting a hearing impaired individual to sounds, pulling wheelchairs, alerting a person to seizures, etc.

Just because we sometimes might look like the "bad guy" we cannot back down on decisions which attract media attention. We don't live in a microcosm within the Disability Service Offices. We still have the safety and welfare of an entire university community to consider.

S. Dyer

Oklahoma Memorial Union
Norman, OK 73019-4058

[Stefani]

I'd put fighting with the univesity as well, as that dog it not a SD, however, because I know about ESAs, I would defently educate both sides about them.

[Kirsten]

He certainly shouldn't have been taking the dog to classes with him or on the transit system.

On the other hand, should a person in student housing be denied accommodation for an ESA that he might keep in other "no pets" housing?

[Stefani]

If he would keep this ESA in other no pet housng, then he should be allowed to keep this ESA in student housing.

[responsiblek9]

Well he was not presenting it as a emo support dog from the sound of it. Plus also from the reports I ran across it had No training so may have had some behavior issue to where they did not want the dog there. Note the Pitt Bull protection issue they had with another student claming her dogs as service dogs.
 Nora & crew

[Kirsten]

If he would keep this ESA in other no pet housng, then he should be allowed to keep this ESA in student housing.

In theory, yes.  But if it is a public university/college, then Title II applies instead of the FHAA (I think).  And title II is often challenged on states' rights grounds.

On the other "other hand," even under the FHAA a landlord would be permitted to ask for more proof/information than could be required under Title III of the ADA.

Oddly, it is easier to get a SD into walmart than an ESA into your own home.

[Stefani]

Lets all go live at Walmart! *trots off...  *

[responsiblek9]

I get the lounge chair.....!!!!
 Nora & crew

[fledchen]

Did you read about the guy who spent 41 hours in a Wal-Mart?
http://www.cnn.com/2006/US/03/29/walmat.spring.break.ap/index.html?section=cnn_topstories

[responsiblek9]

Yea i heard about that on the radio.. Took the Walmart employees long enough to notice .. Dont ya think??  >

[responsiblek9]

If he would keep this ESA in other no pet housng, then he should be allowed to keep this ESA in student housing.

Nason v. Stone Hill Realty Association, FH-FL Rptr. ¶18,197 (Mass. Super.
Ct.,
Middlesex Co. May 6, 1996). State court denied preliminary injunction to
tenant with
multiple sclerosis who claimed that she needed to have a cat in a no pets
building.
Although tenant’s doctor provided an affidavit saying that removal of the cat
would result
in “increased symptoms of depression, weakness, spasticity and fatigue,” the

court
expressed considerable skepticism about the nexus between the tenant’s
multiple
sclerosis and the need to maintain the cat. Court was also influenced by the
fact that
tenant had initially taken in the cat because of her mother’s illness and
that tenant did not
have a longstanding relationship with the cat.

[Stefani]

It seems to me, that this one person, was using the law as an excuse to keep the cat, because it belonged to her mother.  Not because she absolutly needed the cat for her health.  Though, I cuold be wrong, and after she took in the cat, she noticed an improvement in her health, and then after realized that the cat was benifical. 

[responsiblek9]

Reasons I posted it was because the court was influenced by that the person did not have a long standing relationship with the cat.
 Like the guy who found and decided to keep the stray poodle ...............

[Stefani]

I've been thinking, and I've only had Roxie since september, but I have a very intense need for her already.  She has helped me more than Razel in this short amount of time, because of her personality.  When I get upset, or in a bad state, she forces me to get up and do something, instead of sitting around doing nothing. Razel would happily curl up in my lap and let me wallow in my problems.  Roxie demands exercise and playtime, whihc for some, they wouldn't think that was important, but for someone with depression, it is a godsend to be forced to get up and move on with life.  I can sit around for one or two days, Roxie will allow it, but after that, she is up in my face, constantly bringing me toys.  Everytime i get up, she runs in front of me and dances and basically is like "come on mom, it is TIME TO GO!" 

[blkpanther0001]

along the lines of  not letting you get depresed ours will not let you be that way for a whole day. if you sit for more than a couple of hours you find ;yourself being buried in toys

I am slowly going thru all the posts that were made before I joined.

sonya, kali and neiko