Learn why police have qualified immunity for K-9 dog bites in this educational article. If you have questions, contact our Rochester lawyers. The U.S. Court of Appeals for the Second Circuit in McKinney v. City of Middleton, held that qualified immunity protected police officers who directed a police canine to “bite and hold” the arrestee for […]
Category Archives: Animal Law
After one of her rescue dogs gave birth to nine puppies, which resulted in fifteen dogs and a cat living at her New York residence, Plaintiff tried unsuccessfully to find homes for the puppies. Upon seeing the dogs’ living conditions, many prospective buyers reported the Plaintiff to the authorities. According to these witnesses, some of […]
Yes. In addition to the ADA provisions about service dogs, there are separate provisions about miniature horses that have been individually trained to do work or perform tasks for people with disabilities. Miniature horses generally range in height from 24 inches to 34 inches measured to the shoulders and generally weigh between 70 and 100 […]
No and in addition, if a business requires a deposit or fee to be paid by patrons with pets, it must waive the charge for service animals. If a business such as a hotel normally charges guests for damage that they cause, a customer with a disability may also be charged for damage caused by […]
If the dog is out of control and the handler does not take effective action to control it or the dog is not housebroken. When there is a legitimate reason to ask that a service animal be removed, staff must offer the person with the disability the opportunity to obtain goods or services without the […]
No. Allergies and fear of dogs are not valid reasons for denying access or refusing service to people using service animals. When a person who is allergic to dog dander and a person who uses a service animal must spend time in the same room or facility, such as in a school classroom or at […]
When it is not obvious what service an animal provides, only limited inquiries are allowed. Staff may ask whether the dog a service animal required because of a disability and what work or task has the dog been trained to perform. Staff cannot ask about the person’s disability, require medical documentation, require a special identification […]
Service animals must be harnessed, leashed, or tethered, unless these devices interfere with the service animal’s work or the individual’s disability prevents using these devices. In that case, the individual must maintain control of the animal through voice, signal or other effective controls. Recent Posts
Under the ADA, State and local governments, businesses, and nonprofit organizations that serve the public generally must allow service animals to accompany people with disabilities in all areas of the facility where the public is normally allowed to go. For example, a New York hospital could notexclude a service animal frompatient rooms, clinics, cafeterias, or […]
No. Dogs whose sole function is to provide comfort or emotional support do not qualify as service animals under the ADA. However, this definition does not affect or limit the broader definition of “assistance animal” under the Fair Housing Act or the broader definition of “service animal” under the Air Carrier Access Act. Some State […]
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