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Judi Lynn

(160,527 posts)
Fri Oct 23, 2015, 11:18 PM Oct 2015

Girl with service dog wants US Supreme Court to take case

Source: Associated Press

Girl with service dog wants US Supreme Court to take case
Ed White, Associated Press
Updated 8:23 pm, Friday, October 23, 2015


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Photo: AP

In this photo provided by Stacy Fry, her daughter, Ehlena Fry poses with her service dog, Wonder, at their home in Manchester, Mich., Friday, Oct. 23, 2015. The U.S. Supreme Court is being asked to take an appeal from Ehlena Fry, with cerebral palsy who switched schools after her service dog wasn't welcomed in a district in Jackson County. (Stacy Fry via AP)
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DETROIT (AP) — The U.S. Supreme Court is being asked to take an appeal from an 11-year-old Michigan girl with cerebral palsy who switched schools after her service dog wasn't welcomed in a district in Jackson County.

It's a long shot; the Supreme Court rejects thousands of cases each year. But the American Civil Liberties Union believes it's ripe for review because federal appeals courts have given different interpretations to laws protecting the rights of children with disabilities.

"To force a child to choose to between her independence and her education is not only illegal — it is heartless," said Michael Steinberg, legal director at the ACLU in Michigan.

In 2009, with support from families in the Napoleon area, Ehlena Fry's family obtained a service dog to help her open doors, retrieve items and use the bathroom. She was 5 at the time and suffered from mobility problems due to cerebral palsy, which affects the brain.



Read more: http://www.chron.com/news/us/article/Girl-with-service-dog-wants-US-Supreme-Court-to-6587151.php

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Girl with service dog wants US Supreme Court to take case (Original Post) Judi Lynn Oct 2015 OP
How can a court do that? As I understand it, service dogs are welcome ANYWHERE! napi21 Oct 2015 #1
And.this is truly a service dog. Lyric Oct 2015 #2
Service dogs are the best. Lunabell Oct 2015 #3
I thought this was covered under ADA and IDEA rpannier Oct 2015 #4
In the article, explains that Justice Oct 2015 #5
Under IDEA ebbie15644 Oct 2015 #6
Another reason to allow service dogs: leftyladyfrommo Oct 2015 #7
the supremes better not screw this up restorefreedom Oct 2015 #8

napi21

(45,806 posts)
1. How can a court do that? As I understand it, service dogs are welcome ANYWHERE!
Sat Oct 24, 2015, 12:40 AM
Oct 2015

My cousin had a service dog, and she accompanied him everywhere, restaurants, church, his office, the airplane, a taxi, a bus...everywhere he went. He passed away a few years ago and we are keeping his dog for the rest of her life. Service dogs are VERY WELL TRAINED, and never cause any problems. If the school was concerned about the dog disrupting the classroom, they need to train the students to behave as ell as the dog!

Lyric

(12,675 posts)
2. And.this is truly a service dog.
Sat Oct 24, 2015, 01:29 AM
Oct 2015

This isn't an "emotional support" animal,but instead actually performs physical functions for the girl that she can't do for herself. It's outrageous that the dog was not allowed in school.

rpannier

(24,329 posts)
4. I thought this was covered under ADA and IDEA
Sat Oct 24, 2015, 04:24 AM
Oct 2015

Americans with Disabilities Act and Individuals with Disabilities Education Act

Orrin Hatch was one of the sponsors of IDEA as I recall.

Justice

(7,188 posts)
5. In the article, explains that
Sat Oct 24, 2015, 06:51 AM
Oct 2015

Case is about the process of asking for reasonable accommodation. Family was required to go thru administrative appeals rather than just sue in court. Want Supreme Court to rule this was wrong.
Doing it to help other people.

Girl doesn't need dog at school now - which is great.

ebbie15644

(1,214 posts)
6. Under IDEA
Sat Oct 24, 2015, 10:04 AM
Oct 2015

a school doesn't have to agree to all accommodations requested. If they deem there are other accommodations that will provide the needed service they can substitute. I think the "crux" of the argument will be is the school providing an adequate replacement with re: to accommodations.

leftyladyfrommo

(18,868 posts)
7. Another reason to allow service dogs:
Sat Oct 24, 2015, 10:25 AM
Oct 2015

Often children with disabilities have problems with other kids because they are disabled or they look different or they sometimes smell different. The dog is one way for them to make friends with the other kids. Kids love dogs in the class room.

restorefreedom

(12,655 posts)
8. the supremes better not screw this up
Sat Oct 24, 2015, 11:13 AM
Oct 2015

if they want a shred of a chance to be seen as humane, they will take this case and rule for the girl.

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