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Service Dog Owner Challenges Strict Pet Rules

Under Law, Rules Must Be Adjusted For Service Dogs

POSTED: 3:59 pm MDT June 29, 2007
UPDATED: 6:17 pm MDT June 29, 2007

A local woman trying to move into a mobile home community said she is being discriminated against because of her dog.

After expressing interest in moving into the Southpark Mobile Home community, Judy Largo was told she could not bring her dog, Daisy.

The Southpark Mobile Home community near Hampden Avenue and Federal Boulevard has a strict pet policy, with signs posted near the entrance stating, "no dogs allowed" and "pet restrictions."

Largo and her attorney said Daisy is a service dog, and thus, under the Fair Housing Act, should be exempt from the strict pet rules.

Doctors said due to mental illness, Largo meets the definition of disability, and for emotional reasons, Daisy is her prescription.

"Most days I don't even want to get out of bed, but I have to take her to the bathroom," Largo said. "So it's an inspiration."

Largo said one manager wouldn't bend the rules for the service dog.

"The first thing she said to me was, 'I've clearly explained to you what our pet policy is. We don't except dogs. I don't know why you are trying to challenge me,'" Largo said.

Under the Fair Housing Act, Largo has reason to challenge the pet restrictions because the law states that reasonable accommodations must be made for people with disabilities, and includes pet policies.

"It's not so much that the no-pets policy has to be modified, but that it simply doesn't apply here because these are not pets," said disability attorney Amy Robertson. "They are animals that are designed to or trained to assist people with disabilities. The law does not require -- and there is no certification for a companion animal, like you a driver's license to drive a car."

Because all service dogs don't have to be certified, many people become confused about what is legal.

While some think service dogs only apply when people need them as a seeing-eye dog or as wheel chair assistance, they also apply when people need them for mental illnesses, under current law.

Largo said the issue has become an added stress in her life.

"There's a sadness in my life," Largo said. "I need the dog."

The general manager of Southpark Mobile Homes said he will allow her to move into the community under some rules and regulations. He said the dog must be kept indoors 100 percent of the time. The dog will not be allowed to run loose or on a leash, and the dog will not be allowed to urinate or defecate outdoors. The dog would have to use a litter box inside.

When asked if he thought the rules and regulations were reasonable, the manager said, "Yes."

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