[nagdu] Hospital cannot ban all service animals from psych ward, federal judge rules

[Ginger Kutsch]

Hospital cannot ban all service animals from psych ward, federal judge rules

Posted Aug 8, 2013 3:20 PM CDT

By Martha Neil

The American Bar Association Journal

Source:
http://www.abajournal.com/news/article/hospital_cannot_ban_all_service_anima
ls_from_psych_ward_federal_judge_rules/

A California hospital can't unilaterally ban all service animals from
certain areas, such as a psychiatric ward, a federal judge has ruled.

 

Siding with a disabled woman who said she had to choose between getting the
treatment she needs for her bipolar disorder and getting the help she needs
from her highly trained service dog, Inglis, U.S. District Judge Ronald
Whyte held last week that El Camino Hospital had violated the Americans with
Disabilities Act by failing to do an individualized assessment of Inglis
before banning the animal, reports Courthouse News.

 

The hospital had argued that concerns about infection, the safety of its
other patients and disruption of ward routine justified the blanket ban.

 

But that is not what the law requires, Whyte said in a written opinion in
the San Jose case:

 

"El Camino must conduct individualized assessments in accordance with the
ADA and the Code of Federal Regulations to determine whether a specific
service animal poses a direct threat to the health or safety of others based
on reasonable judgment that relies on current medical knowledge or on the
best available objective evidence, to ascertain: the nature, duration and
severity of the risk; the probability that the potential injury will
actually occur; and whether reasonable modifications of policies, practices
or procedures or the provision of auxiliary aids or services will mitigate
the risk."

 

Plaintiff Abigayil Tamara, 70, said Inglis helps her with her balance, picks
up items she drops, pushes elevator buttons for her and helps her put on her
jacket, the news agency reports.