The Department of Justice (DOJ) announced today that it filed a lawsuit against the Gates-Chili Central School District in New York because it refused to have its teachers help a kindergarten student with epilepsy and other disabilities manage her service dog. According to the complaint, the young student was non-verbal and could not give the service dog required commands. The student also needed someone to tether the dog to her person at various times during the day. Because the school refused to allow its employees to perform these functions, the parents had to hire a personal aide to perform these functions. According to the DOJ, the District violated Title II of the ADA — the part of the law prohibits discrimination on the basis of disability by state and local governments.
DOJ's position in this lawsuit is very concerning because the ADA Title II regulations plainly state that "[a] public entity is not responsible for the care or supervision of a service animal." Giving commands to a service animal clearly constitutes the "supervision" of a service animal that is not required under DOJ's own regulations, but DOJ has nonetheless filed this lawsuit. The question now is whether the DOJ will similarly interpret the ADA Title III regulations to require employees of public accommodations to supervise service animals as well. Those regulations also contain language stating that businesses do not have to care for or supervise service animals.
We suspect the school will be filing a motion to dismiss shortly and will keep you apprised.
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