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Judge allows sorority sister to keep the dog that helps her with panic attacks

entine-and-coryA judge has decided that a dog who helps a sorority sister get through anxiety attacks can remain in the Chi Omega house at Ohio State University — at least for now.

U.S. District Judge Algenon L. Marbley on Friday granted a preliminary injunction to prohibit the university from banning the Cavalier King Charles Spaniel, named Cory, from the house on the grounds that the dog was creating health problems for another sorority member.

The preliminary injunction will stay in effect until the case goes to trial, at a yet to be determined date, according to the Columbus Dispatch

Sorority vice president Madeleine Entine petitioned the court after being informed that Cory had to leave the house because he aggravated another sorority sister’s allergies and triggered her Crohn’s disease.

Given that, in the university’s view, both students were protected by the Americans with Disabilities Act, the university based the decision on the fact that the other student, Carly Goldman, had reserved her room in the sorority house first.

The judge, in granting the injunction, said that while Entine’s attorneys presented evidence that she had ADA protection, Goldman’s attorneys had not.

The judge said the university “did not even establish that it was Cory who aggravated the symptoms of Goldman’s disability.”

“Under clearly established law, Entine and Cory prevail,” Marbley wrote in a 21-page opinion.

Entine, a second-year undergraduate at Ohio State, has been diagnosed with depression, anxiety, obsessive-compulsive disorder and post-traumatic stress disorder. She has panic attacks that leave her gasping for air and at times immobile.

Goldman says she is allergic to the dog and that those allergies aggravate her Crohn’s disease, an inflammatory bowel ailment. Attempts to sequester the dog brought her no relief.

“This case is about a thorny and largely unmapped legal issue: how the University should reconcile the needs of two disabled students whose reasonable accommodations are (allegedly) fundamentally at odds,” Marbley wrote.

While he said he sympathized with Goldman’s condition, he wrote, “While the Court does not intend to minimize the difficulty Goldman faces by living with Crohn’s disease, allergies and asthma, she has simply not established that it is Cory’s presence that causes her harm.”

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