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

rhonda cruz rhondaprincess at gmail.com
Fri Aug 9 16:06:16 UTC 2013


 hi i think if the service go helps the handler then. they need to keep it with them, i see no problem with it.
 
On Aug 9, 2013, at 7:54 AM, Ginger Kutsch wrote:

> 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.
> 
> 
> 
> 
> 
> 
> 
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