[LEO0310]

Not sure if I posted this in the correct section or if it should go in the BSL section, but here it is. The decisions made by these politicians is absolutley ridiculous. At least this one has a happy ending!

Pit Bull, Disabled Man to be Reunited | NBC Chicago

 

[k8nkane]

How can they take his service dog away when under the ADA, a FEDERAL law which is followed over state and local laws, he is allowed to have a dog that would otherwise be banned?

From Department of Justice, 28 CFR Part 35, Nondiscrimination on the Basis of Disability in State and Local Government Services :

Breed limitations. A few commenters suggested that certain breeds of dogs should not be allowed to be used as service animals. Some suggested that the Department should defer to local laws restricting the breeds of dogs that individuals who reside in a community may own. Other commenters opposed breed restrictions, stating that the breed of a dog does not determine its propensity for aggression and that aggressive and non-aggressive dogs exist in all breeds.

The Department does not believe that it is either appropriate or consistent with the ADA to defer to local laws that prohibit certain breeds of dogs based on local concerns that these breeds may have a history of unprovoked aggression or attacks. Such deference would have the effect of limiting the rights of persons with disabilities under the ADA who use certain service animals based on where they live rather than on whether the use of a particular animal poses a direct threat to the health and safety of others. Breed restrictions differ significantly from jurisdiction to jurisdiction. Some jurisdictions have no breed restrictions. Others have restrictions that, while well-meaning, have the unintended effect of screening out the very breeds of dogs that have successfully served as service animals for decades without a history of the type of unprovoked aggression or attacks that would pose a direct threat, e.g., German Shepherds. Other jurisdictions prohibit animals over a certain weight, thereby restricting breeds without invoking an express breed ban. In addition, deference to breed restrictions contained in local laws would have the unacceptable consequence of restricting travel by an individual with a disability who uses a breed that is acceptable and poses no safety hazards in the individual´s home jurisdiction but is nonetheless banned by other jurisdictions. State and local government entities have the ability to determine, on a case-by-case basis, whether a particular service animal can be excluded based on that particular animal´s actual behavior or history--not based on fears or generalizations about how an animal or breed might behave. This ability to exclude an animal whose behavior or history evidences a direct threat is sufficient to protect health and safety.

 

[ames]

cause people suck and its easier to say no and hope people do not fight it. The dog was returned so that's what matters. I was very happy to hear it. I remember a service dog in DC denied access to the bus when the owner could not prove her dog was a service dog and he didn't want to believe the vest was legit. Service dog trumps BSL and ignorant people just don't realize. At least it makes for a good read Sucks the guy had to go through the trouble...