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
The proposal to establish a DNA database of every dog who resides in Baltimore’s Scarlett Place Condominiums — all in hopes of figuring out who’s not picking up their dog’s poop — appears to have been dumped.
At a meeting of the condo’s board this week, the proposal was tabled and the decision was made to to pursue more “realistic and acceptable” alternatives.
While the meeting was closed to the public, a resident correspondent reports on the Baltimore Sun’s Unleashed blog that the board chairman said that other alternatives to finding the culprit would receive further study.
Under the proposal, every dog in Scarlett Place would have had to provide a DNA sample. Any unpicked-up poop found at the building would then be sent to an out of state laboratory for comparison. The owner of the dog linked to the poop would then face fines.
Unleashed author Jill Rosen wrote that, after breaking the story, she was originally invited to attend the meeting, but uninvited when the story developed legs, appearing in publications and on websites across the globe, thereby, in my view, bringing the luxury condominium the embarassment it deserved.
Richard Hopp, a Scarlett Place resident, reported to Unleashed that the condo board, in a standing room only meeting, “tabled the proposal.” Not a single resident spoke in favor of it, he said, and the board member who came up with the idea wasn’t present.
“For what it is worth, my take on this is that the board members realized they had really ‘stepped in it’ with their doggy DNA proposal,” Hopp reported, “and in order to save face, they tabled the matter, rather than just vote it down and move on…”
Posted by John Woestendiek May 21st, 2010 under Muttsblog.
Tags: analysis, animals, baltimore, board, condominium, database, dna, feces, inner harbor, laboratory, litter, news, not picked up, ohmidog!, pets, poop, proposal, richard hopp, sample, scarlett place, testing, unleashed, unscooped, waste
In a episode nearly as ludicrous as the case of the soiled condominium, an English great-grandmother was threatened with a £50 fine for picking up the wrong dog’s poop.
Pam Robson was accused by Sunderland Council wardens of failing to clean up after Derik, her Labrador, in a field in Houghton-le-Spring in January.
The council said the 60-year-old had picked up droppings that emanated from a different dog, according to the BBC.
How they knew that, I’m not sure, for Sunderland is not one of those jurisdictions that are performing DNA analysis on dog poop — a step that has been proposed at a condominium right here in Baltimore.
The board of the Scarlett Place Condominiums on Baltimore’s Inner Harbor is considering a proposal to create a DNA database of its canine residents, then sending offending feces to a lab in an effort to find out exactly who, among their residents, is allowing their dog to poop in its ritzy hallways, and not picking it up.
Yes, everyone should pick up their dog’s waste — but going to such forensic lengths, and fining people for not picking up the right pile, are the actions of obsessive, power hungry control freaks who need to find better causes.
In Robson’s case, she refused to pay the fine and was threatened with court action.
Robson said she had been talking to her daughter on her cell phone when her dog ran off and did it’s doody. Robson walked over, scooped up a pile, and then was approached by two men (because policing poopers is apparently too dangerous a job to do alone).
“He said it was the wrong mess and that he was going to issue me with a fine for £50,” Robson recalled. “I picked up the other mess too and put it in the bag but he said I’d still be fined.”
“It felt like the worst kind of bullying,” she said.
Sunderland City Council, after she complained and asked for a review, later wrote to Robson, saying: “Officers at the time were satisfied that an offence had been committed. However it appears you may have collected faeces belonging to another dog.” In light of that, the note said, the council would not be pursuing the fine.
Posted by John Woestendiek May 19th, 2010 under Muttsblog.
Tags: animals, baltimore, bullying, clean up, condominium, council, court, crackdown, dna, dog, dogs, england, feces, fine, fined, labrador, news, ohmidog!, pam robson, pets, picking up, pile, police, poop, scarlett place, scoop, sunderland, waste, wrong
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
An angry tenant in a luxury condominium that backs up to the Park Slope dog run in New York’s Washington Park has been hurling eggs at dogs and owners who use the run at night, according to the New York Post.
“Before I knew it — ‘whack’ on my shoulder and ‘splat’ on the ground,” said Ilene Cohen, 55, who was hit by an egg three weeks ago. “I looked up, but I didn’t see anybody.”
Cohen said her black Labrador, Ace, wasn’t making any noise, but other dogs were barking at the time.
Kimberly Maier, the executive director of the Old Stone House, a historic center inside the park, said Cohen’s egging was the second of three aerial assaults, which were first reported by the website Brownstoner.com.
“It’s not a group of people doing it. It’s probably one person,” Maier said.
The condominium board has notified the local police precinct about the incidents, Maier said.
The 12-story luxury building known as Novo 343 opened less than two years ago — about the same time the dog run did.
Posted by John Woestendiek January 25th, 2010 under Muttsblog.
Tags: barking, brownstoner, condominium, dog owners, dog run, dogs, egg, eggs, hurled, new york, novo 343, park, throwing, thrown, walking