Your service dog is not welcome

Discussion in 'Off-Topic Forum' started by Marines_Wife, Oct 3, 2011.

  1. Marines_Wife

    Marines_Wife

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    My sister has hydrocephalus. She is 23 years old and has endured over 40 neurosurgeries. Sometimes multiple a year. This year she has been through 3. She is also married to a Marine who is deployed to Afghanistan.

    As of right now she can no longer work. She simply cant stand long enough to do anything. Nor can she sit. She has to lay otherwise she gets a pounding migraine. This is due to the fact that the valve the doctors have placed to conduct her cerebral spinal fluid out is not quite right and basically dehydrates her brain when she stands. Her only friend is her pit bull. He lays with her and basically provides the companionship she does not have. He helps her in and out of bed and up and down off of the couch, basically the only places that she can go. Her doctors and the state of california recognize her dog as a service animal, but on the level of a psychological need. He is registered as a service dog.

    But her apartment complex is telling her that they can breed restrict her service animal because he is a pit bull. Everything about pit bulls aside, whether you like the breed or not, have you EVER heard of anyone being able to breed restrict a service animal? If he has the proper registration with the proper authorities, it was my understanding that a service animal may not even be charged pet rent, because they aren't pets. It would be like charging someone to use a wheelchair.....any input would be great.
     
    Marines_Wife, Oct 3, 2011
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  2. Marines_Wife

    d2mini VIP Member

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    Oh man, I'd try to get your local news station in on this one. Maybe escalate it to good morning america. Sick the press on them!
     
    d2mini, Oct 3, 2011
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  3. Marines_Wife

    Marines_Wife

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    How on gods green earth are they able to break the law like that???
     
    Marines_Wife, Oct 3, 2011
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  4. Marines_Wife

    d2mini VIP Member

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    They probably can't and they just need a lawyer to prove it to them.
    Might be worth getting a consultation.
    Maybe there's a lawyer in the area that could take this kind of case pro-bono?
     
    d2mini, Oct 3, 2011
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  5. Marines_Wife

    fastrd400 It wasn't me! Moderator

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    I am unaware of any sort of restrictions on a service animal. A properly registered service animal is a service animal, regardless of breed. Like Dennis said, I'd contact the press, and also an attorney.
     
    fastrd400, Oct 3, 2011
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  6. Marines_Wife

    Jml32788

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    Check into your states Breed Specific Legislation (BSL). Some states have state wide bans on certain dogs like Pit Bulls, Rottweilers, Doberman Pinchers and basically any Bully Breed. Other states allow Countys and cities to implement their own legislation.
     
    Jml32788, Oct 3, 2011
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  7. Marines_Wife

    Marines_Wife

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    BSL aside, I cant imagine it would pertain to a service animal. A service animal is there to help a disabled person this is not a pet.
     
    Marines_Wife, Oct 3, 2011
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  8. Marines_Wife

    texreefer Battle Dwarf

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    +1 to getting a consultation with the attorney.


    Also sounds like when said Marine returns home, someone is going to be getting a beat down.
     
    texreefer, Oct 3, 2011
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  9. Marines_Wife

    fastrd400 It wasn't me! Moderator

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    Hang tight, I am emailing my brother in law. He is an attorney in L.A.
     
    fastrd400, Oct 3, 2011
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  10. Marines_Wife

    yote Ceritfied Mantis Hunter Moderator

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    yote, Oct 3, 2011
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  11. Marines_Wife

    fastrd400 It wasn't me! Moderator

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    That wouldn't make sense in this case. If the dog is registered, then the agency who did register the dog as a service animal would have known that the breed was not acceptable according to the state law.
     
    fastrd400, Oct 3, 2011
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  12. Marines_Wife

    fastrd400 It wasn't me! Moderator

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  13. Marines_Wife

    Smitty

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    That is some b.s...they wouldn't have made the dog a service dog if it didn't fit the criteria in that state. State laws doesn't supercede a federal law. Hopefully an attorney can set them straight, and then afterwards doesn't try to retaliate against her or the dog.
     
    Smitty, Oct 4, 2011
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  14. Marines_Wife

    Waddi Shenanigans? VIP Member

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    Wow thats terrible! I dont see how some people can get away with schei├če like this!
     
    Waddi, Oct 4, 2011
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  15. Marines_Wife

    bjohanson1234 .........

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    Sounds like they have a case here. What the complex is trying to do is discriminatory. The dog is registered as an assistant animal, and from what I read, rental agencies are not allowed to refuse renting because of it.
     
    bjohanson1234, Oct 4, 2011
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  16. Marines_Wife

    Marines_Wife

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    Thank you!!! I hope he can help a little bit. The whole thing is ridiculous and shouldnt be an issue.
     
    Marines_Wife, Oct 4, 2011
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  17. Marines_Wife

    Northstar24 The Tang Herder

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    I'd say the landlord is in the wrong here, especially if your sister was already under contract to rent the apartment with the service animal. Furthermore, if the dog is registered with the state as a service animal, I don't think the landlord has any basis for telling your sister the animal needs to be removed from the property
     
    Northstar24, Oct 4, 2011
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  18. Marines_Wife

    Waddi Shenanigans? VIP Member

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    Dont you live in America where people sue for anything.... Tehehehe :p
     
    Waddi, Oct 4, 2011
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  19. Marines_Wife

    SarahSmile :)

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    Oh, I hate to hear of stories like this. I think you have a very sad and difficult situation here. Pitbulls are a hot button issue, especially in apartments. Landlords have many legal rights, as it is their building, their income, their business, their legal responsibility to keep tenants safe. As such, they have the legal right to say yea or nay to different breeds. At the end of the day they can be found responsible if anything happens to any other tenants due to a dog that they allowed in. There are several breeds that are considered dangerous and many, many apartment complexes restrict them.
    We've all read a story or two about someone getting mauled to death in an apartment building by a dangerous breed and very quickly the owner is sued and charged and the landlord is sued and possibly charged as well. This has made landlords very leery and introduced a variety of laws to protect tenants, landlords, and restrict breeds.
    If you put that in conjuction with the fact that there should be concern that a person who is not physically healthy may not be able to control the animal. The landlord could easily make the arguement that if the dog got loose from the apartment or on a walk your sister would be physically unable to control him. In college my husband lived with a guy who had a pitbull. Maggie was the sweetest dog ever, my little mutt even ate out of her dish. But, her handler, was a big, strong guy who I felt confident could control her if she began to show aggression toward myself or my dog and he could walk her safely outside around other people or dogs or children. I do not think I would have ever tried to walk her as I would not have been able to physically control her. They are still primal, powerful animals that have natural aggression in them. It's so sad, for every 1 awful story of a pit there are 10 nice stories but that 1 story frightens people and gets attention in the press and most certainly would cause issues with other tenants, especially those that have dogs or children.
    So, service dog or not, it's my understanding that the business owner, the landlord, is within their legal rights to restrict a breed, especially since it is a breed that is on the top of the dangerous breed list. Is it fair? No. It's a sad situation for your sister and I hope for the best for you guys....
    I'd read very carefully over the rental agreement and see what specifically is mentioned in regard to dogs. Many of those agreements have a caveat which leaves them a large loophole...remember, they have lawyers set up those documents to give them as much power as possible to refuse their tenants a variety of things from having parties to restricting the number of guests allowed, to painting or hanging pictures. Please keep us updated and know that we are hoping for the best!
     
    SarahSmile, Oct 6, 2011
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  20. Marines_Wife

    SarahSmile :)

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    Wow, could I have typed any more! I'm sorry, dog stories always get me going! I love dogs and this story really tugs at my heart...
     
    SarahSmile, Oct 6, 2011
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