Quantcast
Connect with us

A girl and her service dog: top US court mulls discrimination claim

Published

on

Not for the first time, a pooch named Wonder was left out in the cold on Monday, waiting outside the U.S. Supreme Court as the justices considered whether a Michigan school district can be sued for not letting a disabled girl take the service dog to class.

The court on Monday heard arguments in a case involving Ehlena Fry, a 12-year-old with cerebral palsy, that explores the circumstances under which people can sue for damages arising from discrimination against the disabled.

Several justices indicated that lawsuits like the one brought by the girl’s parents might be allowed in certain circumstances.

The girl, from Manchester, Michigan, was born with the condition that affects body movement, muscle coordination and balance. Her pediatrician prescribed a service dog to help her live independently.

Wonder, a goldendoodle, was trained to help her balance, retrieve dropped items, open and close doors, turn on lights, take off her coat and other tasks. Her medical condition imposes no cognitive impairment.

The case arose in 2009 when Ezra Eby Elementary School, which Ehlena attended, refused after a trial period to allow the girl, who was 5 at the time, to continue to bring Wonder to school. The family withdrew Ehlena and home-schooled her for two years. She is now enrolled in middle school and no longer needs canine assistance, though Wonder still lives with the family.

ADVERTISEMENT

The family filed a lawsuit in 2012, backed by the American Civil Liberties Union, claiming the school violated the Americans with Disabilities Act, which prohibits discrimination against people with disabilities in employment, transportation, public accommodation and other areas.

A judge threw out the lawsuit, saying the family had failed to follow all the administrative procedures available before filing the suit in federal court. The Cincinnati-based 6th U.S. Circuit Court of Appeals in 2015 upheld that decision, prompting the family to appeal to the Supreme Court.

The legal issue is whether the family was required under a separate U.S. law called the Individuals with Disabilities Education Act to try all alternative state remedies before filing a federal lawsuit.

A number of justices indicated that because the family sought monetary damages for emotional distress, not an agreement to allow her to continue attending the school, it would make little sense to require them to undertake the administrative process.

ADVERTISEMENT

To do so would be “kind of a charade,” Chief Justice John Roberts said.

Ehlena attended the argument. Wonder waited outside.

A ruling is due by the end of June.

(Reporting by Lawrence Hurley; Editing by Will Dunham)

Report typos and corrections to [email protected].
READ COMMENTS - JOIN THE DISCUSSION
Continue Reading

Facebook

Lindsey Graham shoves Trump toward war: ‘Anyone would believe we’re one step closer’

Published

on

President Donald Trump seemed to try and deescalate the situation between Iran and the U.S. in wake of the former shooting down an American drone. But Sen. Lindsey Graham (R-SC) seems to be shoving the president toward war.

"I think anybody would believe that we’re one step closer" [to war], Graham told the press in the hallways of Congress Thursday. "They shot down an American asset, well within international waters -- trying to assess the situation. What are you supposed to do?"

Continue Reading

Facebook

Fireworks erupt at latest Mueller hearing as chairman Jerry Nadler schools GOP’s Jim Jordan

Published

on

A feisty Rep. Jerry Nadler (D-NY) schooled Rep. Jim Jordan (R-OH) for blatantly misstating facts about the investigation into potential coordination between the Trump campaign and the Russian government during the 2016 presidential election.

After Jordan went on a lengthy diatribe against the FBI for supposedly relying on the Steele dossier to launch an investigation against the Trump campaign, Nadler jumped in to formally correct the record.

"It is well established that the investigation was not predicated on the Steele dossier, but rather on the observation of..." Nadler began.

Continue Reading
 

Facebook

Trump emphatically explains that unmanned drones don’t have people in them as he rambles about Iran’s big ‘mistake’

Published

on

During a joint press availability with Canadian Prime Minister Justin Trudeau, President Donald Trump opened up about the drone that was shot down by Iran.

According to Trump, drones are unmanned, a fact he felt was important to convey to those who haven't seen a Jason Bourne film or a spy thriller.

"Iran made a big mistake," Trump said. "This drone was in international waters clearly. We have it all documented. It’s documented scientifically, not just words. They made a big mistake."

He also said that he doesn't believe the decision to shoot the drone down likely came from the Iranian government in Tehran.

Continue Reading
 
 

Copyright © 2019 Raw Story Media, Inc. PO Box 21050, Washington, D.C. 20009 | Masthead | Privacy Policy | For corrections or concerns, please email [email protected]

I need your help.

Investigating Trump's henchmen is a full time job, and I'm trying to bring in new team members to do more exclusive reports. We have more stories coming you'll love. Join me and help restore the power of hard-hitting progressive journalism.

TAKE A LOOK
close-link

Investigating Trump is a full-time job, and I want to add new team members to do more exclusive reports. We have stories coming you'll love. Join me and go ad-free, while restoring the power of hard-hitting progressive journalism.

TAKE A LOOK
close-link