ARTICLE
22 April 2024

Court Holds "Bully Breed" Dog That Identifies Onset Of Panic Attack Is A Service Animal

SS
Seyfarth Shaw LLP
Contributor
With more than 900 lawyers across 18 offices, Seyfarth Shaw LLP provides advisory, litigation, and transactional legal services to clients worldwide. Our high-caliber legal representation and advanced delivery capabilities allow us to take on our clients’ unique challenges and opportunities-no matter the scale or complexity. Whether navigating complex litigation, negotiating transformational deals, or advising on cross-border projects, our attorneys achieve exceptional legal outcomes. Our drive for excellence leads us to seek out better ways to work with our clients and each other. We have been first-to-market on many legal service delivery innovations-and we continue to break new ground with our clients every day. This long history of excellence and innovation has created a culture with a sense of purpose and belonging for all. In turn, our culture drives our commitment to the growth of our clients, the diversity of our people, and the resilience of our workforce.
A Puerto Rico federal court holding reminds us that an animal that performs work or tasks for a person with a psychiatric disability – such as identifying the onset of a panic attack and taking action to mitigate its effect – is a service animal.
United States Employment and HR
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Seyfarth Synopsis: A Puerto Rico federal court holding reminds us that an animal that performs work or tasks for a person with a psychiatric disability – such as identifying the onset of a panic attack and taking action to mitigate its effect – is a service animal.

It is a common misconception that service animals are limited to dogs that wear a "guide dog" vest and assist individuals who are blind.

A recent ruling out of a federal trial court in Puerto Rico serves as a reminder that service animals perform different work and tasks for individuals with a variety of disabilities, such as detecting the onset of a panic attack and/or decreasing the duration of the event for individuals with severe anxiety or panic disorders.

In this case, an employee at a fast food restaurant in Puerto Rico mistakenly believed that only "guide dogs for the blind" were allowed inside the restaurant. The restaurant employee told the plaintiff she could not enter the restaurant with her American Bulldog mix (often referred to as a "bully breed"), because her dog was not a "guide dog." After the plaintiff explained that service animals can be dogs that perform other work or tasks, the restaurant operator allowed her to enter with her service animal but she filed a lawsuit anyway. The court concluded that the initial denial did not violate the ADA and granted summary judgment to the restaurant.

The ADA defines a service animal as a dog that is individually trained to do work or perform tasks for people with disabilities. In this case, the plaintiff claimed she suffers from severe anxiety disorder and panic disorder, "conditions that affect her neurological system, her brain and her day-to-day activities of thinking and standing upright during dizzy spells associated to panic episodes." The court found that the plaintiff's dog is a service animal because it "detect[s] the Plaintiff's panic attacks, [and] gets close to and distracts her to help her out of the panic attack quicker."

While a relatively simple case, it is a variation of a fact pattern we see often: employees who are not properly trained making and acting upon unfounded assumptions about what types of dogs can be service animals, and what types of tasks service animals may perform. While not an issue in this case, we also see employees who incorrectly believe that service animals must have documentation or vests/collars identifying them as service animals. This case reminds us that: (1) not all disabilities are visible; (2) service animals provide a variety of work and services to assist individuals with disabilities; and (3) public accommodations cannot exclude a service dog because it is an aggressive breed, as long as it is not out of control. And finally, don't forget that miniature horses are also protected under the ADA as long as they are trained to perform work or tasks for individuals with disabilities. The rules that apply to service dogs also apply to them.

Edited by Minh Vu

The content of this article is intended to provide a general guide to the subject matter. Specialist advice should be sought about your specific circumstances.

ARTICLE
22 April 2024

Court Holds "Bully Breed" Dog That Identifies Onset Of Panic Attack Is A Service Animal

United States Employment and HR
Contributor
With more than 900 lawyers across 18 offices, Seyfarth Shaw LLP provides advisory, litigation, and transactional legal services to clients worldwide. Our high-caliber legal representation and advanced delivery capabilities allow us to take on our clients’ unique challenges and opportunities-no matter the scale or complexity. Whether navigating complex litigation, negotiating transformational deals, or advising on cross-border projects, our attorneys achieve exceptional legal outcomes. Our drive for excellence leads us to seek out better ways to work with our clients and each other. We have been first-to-market on many legal service delivery innovations-and we continue to break new ground with our clients every day. This long history of excellence and innovation has created a culture with a sense of purpose and belonging for all. In turn, our culture drives our commitment to the growth of our clients, the diversity of our people, and the resilience of our workforce.
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