[nagdu] Full Text LA Times Article - No Food Stamps for Service Dog

[David Baker]

Here is the full text from the LA Times, April 6 2010
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Food stamps won't be helping a disabled man fill his service dog's food bowl.

James Douris lost a key court decision Tuesday in his yearlong effort to qualify
his male boxer, who is fed everything Douris eats, as a dependent member of his
household in calculating food stamp benefits.

A three-judge Commonwealth Court panel upheld an earlier Department of Public
Welfare's determination that the dog was ineligible because he is not human.

"This court is sympathetic to [Douris'] argument that his service dog is a
necessity for him due to his disability, and that he lacks the funds to properly
feed his service dog," wrote Judge Renee Cohn Jubelirer. "We hope that there is
some other state or federal program that might provide for the maintenance and
upkeep of [the] dog."

Douris, 55, a resident of Newtown in the Philadelphia suburbs, is a disabled and
unemployed veteran who lives alone and relies on the dog to pull his wheelchair
and fetch items. Although Douris has represented himself in the legal
proceedings, he said Tuesday that news of his case prompted lawyers to offer
their help, and he plans to appeal the decision.

"This is a mistake on the part of the court and also the welfare board," said
Douris, who cited security concerns in deciding not to disclose the dog's name.
"My phone's been ringing off the hook."

He appealed a Bucks County Assistance Office decision to grant him $176 a month
in food stamps in February 2009, saying the amount was insufficient to feed
himself and the dog. Douris later testified that he feeds the animal dog food as
well as "meat, poultry, vegetables and everything [he] eats," according to
Jubelirer's written opinion.

The dog requires supplemental nutrition because of its work for him, Douris
said.

Extending benefits to the dog would fundamentally change the food stamp program,
Jubelirer wrote. He rejected Douris' argument that the denial of food stamps to
the dog would effectively kill the animal and therefore constitute an act of
criminal animal cruelty.

Douris said Tuesday the dog has not been starving and that he would not let that
happen.

Department of Public Welfare spokesman Mike Race said the agency was sympathetic
to Douris but pleased that the court ruled in its favor.

"As the court noted, federal law is ''unambiguously clear' that food stamp
benefits are intended for humans only," Race said.

-- Associated Press