[nagdu] Recent DOJ Activity Concerning Service Animals

[David Baker]

Marion, it's interesting to see the different results from different complaints.
Enforcing laws makes for tough judgment calls on the part of the litigators.  On
the one hand, there is sentiment in favor of punishment and retribution which is
often a strong motivator, especially  for large companies.  On the other, there
is a strong argument in favor of remedies that create broad changes in service
animal policies and actual compliance.  Small businesses can comply with
postings and supposed instructions to employees, but these may be easily
circumvented.  Enforcement against small businesses and health providers
requires a balancing act and careful analysis by the lawyer handling the case
about whether court action with a request for heavy penalties may end up
diluting the law or providing an ineffective remedy.

The possibility of coerced 'voluntary' compliance (settlement) is best achieved
when Justice has resources to prosecute and can point to substantial penalties
levied against ADA scofflaws.

Personally, I am not a big fan of settlements that provide only for the
development of ADA training and ADA compliant policies, unless there are tough
penalties for non-compliance and future violations within the settlement
agreement itself.  All of this, of course, is predicated on Justice and other
enforcement agencies having adequate funding and resources to pursue compliance
issues.

David