Category Archives: Animal Law

Police Have Qualified Immunity for K-9 Dog Bites

Police Have Qualified Immunity for K-9 Dog Bites

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 […]

New York Animal Rescue Malicious Prosecution Case Dismissed

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 […]

Are Miniature Horses Permitted In Facilities?

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 […]

Can Disabled People With Service Animals Be Isolated From Other Patrons, Treated Less Favorably Than Other Patrons, Or Charged Fees That Are Not Charged To Other Patrons Without Animals?

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 […]

When Can A Person With A Disability Be Asked To Remove His Or Her Service Animal?

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 […]

What Questions May Be Asked Of A Person With A Service Animal?

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 […]

Where Are Service Animals Allowed?

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 […]

Do Emotional Assistance Dogs Qualify?

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 […]