ADVERTISEMENTS

dibanner

Give The Bark -- The Ultimate Dog Magazine


books on dogs


Introducing the New Havahart Wireless Custom-Shape Dog Fence



Find care for your pets at Care.com!


Pet Meds

Heartspeak message cards


Mixed-breed DNA test to find out the breeds that make up you dog.

Bulldog Leash Hook

Healthy Dog Treats


80% savings on Pet Medications

Free Shipping - Pet Medication


Cheapest Frontline Plus Online

Fine Leather Dog Collars For All Breeds

Condo association to pay for its stupidity

fischerA Florida condo association that told a woman with multiple sclerosis that her service dog was too big has agreed to pay $300,000 to atone for its collective stupidity.

The settlement followed a federal judge’s declaration that Sabal Palm Condominiums in Davie, which sued to force the woman to get rid of the dog, had behaved in a manner both absurd and unreasonable, not to mention in violation of the Fair Housing Act.

“Sabal Palm got it exactly — and unreasonably — wrong,” U.S. District Judge Robert N. Scola wrote in his order.

“This is not just common sense — though it is most certainly that.”

Scola ordered the condo association to allow Deborah Fischer, a retired art teacher, to keep her service dog, the Miami Herald reported.

Fischer, who uses a wheelchair and has limited use of her arms and hands, received a service dog in November 2011 from Canine Companions for Independence, a nonprofit group that provides dogs for people with disabilities.

The dog – a 5-year-old Labrador-golden retriever mix named Sorenson — has been trained to help Fischer pick things up, open and close doors and retrieve items from counter tops.

The condominium association, saying the dog violated its 20-pound limit on pets, began demanding medical records and other information to prove that Fischer needed Sorenson — and it sued Fischer when, it said, she failed to provide it.

Fischer, along with her husband, Larry, counter-sued, saying the condo board’s demands violated the federal Fair Housing Act, or FHA.

Judge Scola, in a 30-page ruling, strongly agreed with Fischer.

That the condo association “turned to the courts to resolve what should have been an easy decision is a sad commentary on the litigious nature of our society. And it does a disservice to people like Deborah who actually are disabled and have a legitimate need for a service dog as an accommodation under the FHA,” he wrote.

Condo board members suggested that Fischer could get a smaller service dog, but Scola didn’t buy that argument.

After Scola ruled in the Fischers’ favor, their attorney negotiated a $300,000 settlement with the attorney representing Sabal Palm.

Fischer said Sorenson can recognize 40 separate commands.

“He has made my life so much better,” she said.

(Photo: Courtesy of Matthew Dietz)

Comments

Comment from Sharon
Time June 26, 2014 at 1:17 am

I live in Sabal Palm and know the Fischer couple. The majority of us in this association are distressed beyond belief at being saddled with the burden of paying into this lawsuit that we had zero control over. We would have never sued this couple but instead we are because of the arrogance and stupidity of our former President (and his fellow board members). As much as this assessment hurts my family, the couple is entitled to their judgment.

Comment from Ross
Time July 20, 2014 at 5:55 pm

Sharon,

You had control. You could have unseated the Board, and dropped the lawsuit, as soon as the decision was made, or even sooner.

Write a comment