Condo association to pay for its 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)
Posted by John Woestendiek May 30th, 2014 under Muttsblog.
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