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NASSAU COUNTY---A federal judge has rejected a 14-year-old deaf boy's request to allow his service dog to accompany him to classes.
East Meadow School District officials have refused to allow John Cave Jr. to bring Simba, a two-year-old Labrador retriever into the school, saying that service dogs are banned from the school "to foster a safe and effective school environment. They claimed that the dog would pose a health and safety hazard to other students and staff.
Cave and his parents, John and Nancy Cave, have brought a $150 millions federal lawsuit against the school district, saying that the district is violating the Americans with Disabilities Act, and sought an injunction to allow the teen to bring the dog to school.
In denying the injunction, U.S. District Court Judge Arthur Spatt said that the deaf boy is provided with a sign language interpreter and other accommodation in order to receive a proper education. The judge had conducted a hearing over six days before rendering his decision.
Cave's attorney said the family will appeal the decision.
Simba became John Jr.'s service dog in December after receiving six months of training. The federal litigation says that the dog's effectiveness as a service dog is impaired if he spends too much time away from the teen, saying that "Simba is alone six to eight hours a day and has been declining in his ability and training and as such is in serious risk of failing to provide the services he was trained to provide", according to the lawsuit.
The state Division of Human Rights is investigating the matter.
A notice of state claim has also been filed in Nassau County Supreme Court alleging violations of civil rights and human rights law.
The Americans with Disabilities Act defines a service animal as any guide dog, signal dog, or other animal individually trained to provide assistance to an individual with a disability. Federal and state anti-discrimination laws make it unlawful to deny or restrict access to services to an individual based on the fact that she or he is accompanied by a service animal.
Under the ADA, a place of public accommodation is defined as a private entity that engages in commerce. Places of public accommodation under the ADA include places of education, such as a school. 2-28-07
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© 2007 North
Country Gazette
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