The Ninth Circuit’s recent holding[1] that “the ADA prohibits certification requirements for qualifying service dogs” is a timely reminder for all persons using service animals that certification of a
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Service Animals
Emotional support animals are considered pets not service animals by US Department of Transportation.
U.S. Department of Transportation (“the Department” or “DOT”) announced it final rule on “Traveling by Air with Service Animals” on December 2, 2020. The rule will be effective 30 days…
Continue Reading Emotional support animals are considered pets not service animals by US Department of Transportation.
A Brief History of Miniature Horses and the ADA
In 2008, the Department of Justice (“the DOJ”), Civil Rights Division, published a Notice of Proposed Rulemaking seeking to amend the regulations which enforce the ADA’s prohibition of discrimination in…
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The 2020 Aviation Symposium Sponsored by Fox Rothschild LLP
I was honored to join colleagues and clients at the 2020 Aviation Symposium the Firm sponsored in Tysons Corner from February 4 through February 6, 2020.
Symposium topics included:
- What
…
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On the plight/flight of service animals
On Wednesday, August 21, 2019, the U.S. Department of Transportation published a “Final statement of enforcement priorities regarding service animals.” 84 FR 43480-01, 2019 WL 3934886 (F.R.). Unfortunately,…
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Virginia Offers Guidance For Confirming That Medical Verifications for Emotional Support Animals Are Legitimate
By Scott M. Badami originally posted on February 27, 2018.
It is clear that just about all (if not all) of the federal, state, and local fair housing agencies are…
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Court Issues Guidance Concerning Evaluating When an Animal Might Be a “Direct Threat”
We have previously published blogs about the increasing impacts to businesses and people from misrepresentations about service and emotion support dogs. See, e.g., New York Makes it Unlawful to …
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Peacock’s Flight Denied
You have likely heard about the recent attempt by an individual to board a flight with a peacock who purportedly served as an emotional support animal. See, e.g., “…
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New York Makes It Unlawful To Misrepresent Dogs as Service Animals
Carolyn D. Richmond, Ernest E. Badway and Jason B. Jendrewski write:
Beware: service dog fraud will not be tolerated in New York State, which recently passed a law prohibiting the…
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A nexus between a disability and the assistance provided by a service animal is required to overcome no-pet policies
A disabled woman, Ms. Rubin, has been denied the ability to purchase a unit in Kennedy House, Inc., a “residential cooperative building” with a no-pet policy, because she was unable…
Continue Reading A nexus between a disability and the assistance provided by a service animal is required to overcome no-pet policies