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.
Tags: animals, association, condo, condo association, condominium, countersuit, court, davie, deborah fischer, disabilities, dog, dogs, fair housing act, federal, fha, florida, golden retriever, judge, judge robert scola, labrador retriever, lawsuit, matthew dietz, mix, ms, multiple sclerosis, pets, robert scola, ruling, service, service dog, settlement, sorenson
A homeowner’s association at Paradise Lakes Resort doesn’t have weight limits when it comes to human residents, and we guess that’s a good thing — even though the condo community is a clothing-optional one.
But the association’s rules run a little stricter for dogs, including one that bans any dogs over 25 pounds — apparently even when it’s a guide dog that belongs to a legally blind resident of the nudist community.
By now you’ve probably guessed that this can only be happening in Florida, specifically in Lutz, where a homeowner’s association has told Sharon Fowler she needs to get rid of her black Labrador, Laura, or move out, according to a lawsuit.
Fowler filed a lawsuit against the association last year. It was dismissed by one judge, but now that dismissal has been overturned by an appeals court, and Fowler has renewed her fight to keep the dog she says she can’t get around without.
“She helps me to get around curbs and obstacles,” Fowler told the Tampa Bay Times. “She’s 100 percent necessary to me. She’s my lifeline.”
According to a lawsuit filed last year, Fowler received a letter from the association telling her to get rid of the dog or move out.
The association said the dog violated their weight limits — something that wasn’t pointed out when Fowler filled out an application, disclosing the dog’s weight, when she moved in.
Even when Fowler provided documentation of her disability, the association did not withdraw the notice of the violations, according to the lawsuit.
“I felt demeaned, and I felt degraded,” Fowler said. “I’ve never felt so degraded.”
Her lawsuit seeks injunctive relief and monetary damages for mental anguish.
“It’s the principle of the fact,” Fowler’s husband, Craig, said. “The board needs to know they cannot bully us around.”
Fowler says she has been told to only walk the dog in specific areas, and stay out of the way of pedestrians. She’s also been told her dog is out of control, which she says is not the case.
“My dog is a highly trained service animal,” she said.
“Paradise Lakes Resort does not discriminate against any person with physical disabilities and does not prevent any person with service animals from visiting the resort,” owner Jerry Buchanan said.
Fowler’s accusations were directed at a homeowners condominium association not connected with the resort.
Fowler says she has a rare autoimmune disease called leukocytoclastic vasculitis, which has already affected her sight and could affect her hearing.
She doesn’t want to move because she has learned her way around Paradise Lakes, and appreciates being able to live in a clothing optional community.
(Photo: Fowler and Laura; by Brendan Fitterer / Tampa Bay Times)
Posted by John Woestendiek February 28th, 2014 under Muttsblog.
Tags: animals, assistance dogs, association, black lab, blind, clothing, clothing optional, community, condo, dog, dogs, florida, guide dog, lab, labrador, laura, lawsuit, legally blind, lutz, nudist colony, nudists, nudity, paradise lakes resort, pets, rules, service dogs, weight limits
DNA testing, which may have its place in crime solving — not to mention pinpointing your baby daddy — is increasingly being considered around the world as a way to nab dog owners who fail to pick up poop.
Now, in addition to government bodies from Germany to Israel, a ritzy Baltimore condominium is considering using the technology to help track down the owners of the dog or dogs who are not being picked up after.
Some residents of the Scarlett Place Condominiums are so steamed by dog poop — at least some of which is being deposited indoors – they’re willing to watch thousands of dollars be spent in an effort to figure out whodunit or, more appropriately, whodroppedit.
Under the condo board’s proposed plan, all dogs in the building would be swabbed for DNA testing to create a database. Dog owners would pay $50 each to cover the costs of tests, and an additional $10 per month for the cost of having building staff pick up wayward piles of poop.
The staff would then send the samples to BioPet Vet Lab, a Tennessee-based company, which would compare the mailed-in samples to those in the dog poop database.
When the company is able to identify the owner of the dog whose poop was not scooped, that owner would pay a $500 fine.
“We pay all this money, and we’re walking around stepping in dog poop,” resident Steven Frans, the board member who proposed the plan, told the Baltimore Sun. “We bring guests over and this is what they’re greeted by.”
The Scarlett Place condo board is expected to make a decision later this week.
I, for one, would not want to live in a complex whose management, or for that matter, a city whose government, is so anal that it goes around collecting dog poop and sending it in for analysis.
Such a program is underway, on a trial basis, in the city of Petah Tikva, a suburb of Tel Aviv in Israel, and other jurisdictions in Europe, as well as New York City, have considered it.
As for the Scarlett Place Condominiums, perhaps a cheaper route would be to hire a poop picker upper, adding that service to what its website describes as its ”a plethora of desirable amenities.”
“Entering the lobby, you will be greeted by one of the Front Desk attendants who will take care of your packages, guests, concerns, and deliveries. Attendants are on duty 24 hours a day … A full service, recently remodeled health club is available 24 hours a day and a spectacular indoor pool is at your disposal complete with magnificent walls of glass overlooking The Inner Harbor and Scarlett Place Condominiums courtyard.”
Meanwhile, if they pursue testing dog poop for DNA, I’m wondering what the more-money-than-they-know-what-to-do-with condo board’s next initiative will be: Establishing a database of their human residents so they can ascertain who’s wiping boogers on the elevator walls?
Posted by John Woestendiek May 18th, 2010 under Muttsblog.
Tags: analysis, analyze, animals, baltimore, bipet vet lab, board, collect, condo, condominium, database, dna, dna testing, dogs, exclusive, feces, fines, germany, inner harbor, israel, luxury, news, ohmidog!, pets, poop, samples, scarlett place, scoop, steven frans, stool, testing, tests, teting, waste, waterfront
The Austonian, a luxury high rise condominium that will also be the tallest building in Austin once it’s completed in 2010, is taking aim at the doggie crowd.
The 56-story building will feature a 10th-floor pet park, a pet grooming area and a team of personal assistants available around the clock to better serve you and your pet’s needs.
“Knowing that leaving the building is not always the most convenient alternative, a dog park offers a secured outside area on the 10th floor of the building. The surface of the park includes a Synlawn synthetic grass surface with a sanitary drainage system,” a press release about the project says.
Next to that will be a pet grooming area with a raised bathing area where owners can groom their own pets or avail themselves of the services of a professional groomer
Residents will also have access to pet food delivery, personal shopping and pet sitting and taxi service to and from appointments outside the building — all provided by Lofty Dog, which is headquartered two blocks away.
A veterinarian, kennel and “bakery services” provided by Groovy Dog Bakery will also be at the beck and call of residents.
And if all that weren’t enough, the Hike and Bike Trail at Lady Bird Lake, which includes places for dogs to swim and play leash-free, is just two blocks away.
All that for the low low price of …
Well, they don’t appear to be saying yet on the Austonian website, but I’m guessing it’s more than the average mutt can afford.
The Austonian is the second North American luxury real estate project by Grupo Villar Mir (GVM), creators of the Mayakoba golf, hotel and residential resort located on Mexico’s Yucatan Peninsula.
Posted by John Woestendiek July 16th, 2009 under Muttsblog.
Tags: austin, austonian, catering, condo, development, dog, dog friendly, dogs, downtown, grupo villar mir, high rise, housing, lifestyle, luxury, news, ohmidog!, pampered, pet, pet park, pets, real estate, tallest, texas, urban