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Breed Specific Legislation as a Disservice to Service Animals



by Michele L. Warnock
Davis, Brown, Koehn, Shors & Roberts, P.C. - Des Moines Office

April 4, 2012

Previously published on April 2, 2012

Breed specific legislation banning certain dogs from municipalities can squarely collide with Title II of the Americans with Disabilities ("ADA") Act. This was recently illustrated by Aurelia, Iowa wherein there is a city ordinance banning "pit bulls" and the City Council refused to incorporate an exception for pit bull service dogs. This refusal led to a disable resident's loss of his service dog and an order from the Northern District Court of Iowa granting preliminary injunctive relief, returning the animal to the residents.


 

The views expressed in this document are solely the views of the author and not Martindale-Hubbell. This document is intended for informational purposes only and is not legal advice or a substitute for consultation with a licensed legal professional in a particular case or circumstance.
 

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