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Family files $150M lawsuit against school that banned dog
Newsday (New York)
Long Island
Family files $150M lawsuit against school that banned dog
CARL MACGOWAN
Newsday Staff Writer
February 8, 2007, 8:29 PM EST
The East Meadow School District Thursday was slapped with a $150 million federal discrimination lawsuit by the family of a deaf Westbury boy whose assistance
dog has been barred from school.
John Cave Jr. and his parents, John and Nancy Cave, filed suit in Central Islip federal court after weeks of failing to convince school officials to let
the 14-year-old boy bring his dog to class. The district has refused, saying John has access to school resources without the dog, which they believe would
pose a health and safety hazard to other students and staff.
As part of the suit, the Caves asked Justice Arthur D. Spatt to issue an injunction ordering the district to let John bring his dog, Simba, to W. Tresper
Clarke High School. A decision is expected Monday, when the parties are due in court.
"During the entire month of January 2007, John Cave Jr. has been repeatedly, wrongfully and illegally denied access to a public school," the suit says.
Superintendent Robert Dillon said Thursday he had not seen the lawsuit and could not comment.
The suit demands $50 million in damages and $100 million in punitive damages. Earlier this week, the Caves filed a notice of claim against the district
in State Supreme Court in Nassau County, alleging violations of state civil rights and human rights law.
Dillon said in a statement Thursday that some charges contained in the notice of claim were "completely false."
"The district and its administration have always treated this student and his family with respect and have provided and will continue to provide the student
with the educational services he needs," Dillon said.
The federal suit accuses district officials of violating the Americans with Disabilities Act by barring Simba. On several occasions, John was allowed to
attend classes after Simba was taken home by John's parents.
The notice of claim and the federal suit name as defendants the school district and more than a dozen district officials, including Dillon and school board
members.
The federal suit says Simba's effectiveness as a service dog is impaired if he spends too much time away from John, who can hear only with cochlear implants.
Simba, a 2-year-old yellow Labrador retriever, became John's service dog in December after six months of training.
"Simba is alone six to eight hours a day and has been declining in his ability and training, and as such is in serious risk of failing to provide the services
he was trained to provide," the lawsuit says.
Dillon said service dogs are banned from school "to foster a safe and effective school environment."
Newsday (New York)
Long Island
Family files $150M lawsuit against school that banned dog
CARL MACGOWAN
Newsday Staff Writer
February 8, 2007, 8:29 PM EST
The East Meadow School District Thursday was slapped with a $150 million federal discrimination lawsuit by the family of a deaf Westbury boy whose assistance
dog has been barred from school.
John Cave Jr. and his parents, John and Nancy Cave, filed suit in Central Islip federal court after weeks of failing to convince school officials to let
the 14-year-old boy bring his dog to class. The district has refused, saying John has access to school resources without the dog, which they believe would
pose a health and safety hazard to other students and staff.
As part of the suit, the Caves asked Justice Arthur D. Spatt to issue an injunction ordering the district to let John bring his dog, Simba, to W. Tresper
Clarke High School. A decision is expected Monday, when the parties are due in court.
"During the entire month of January 2007, John Cave Jr. has been repeatedly, wrongfully and illegally denied access to a public school," the suit says.
Superintendent Robert Dillon said Thursday he had not seen the lawsuit and could not comment.
The suit demands $50 million in damages and $100 million in punitive damages. Earlier this week, the Caves filed a notice of claim against the district
in State Supreme Court in Nassau County, alleging violations of state civil rights and human rights law.
Dillon said in a statement Thursday that some charges contained in the notice of claim were "completely false."
"The district and its administration have always treated this student and his family with respect and have provided and will continue to provide the student
with the educational services he needs," Dillon said.
The federal suit accuses district officials of violating the Americans with Disabilities Act by barring Simba. On several occasions, John was allowed to
attend classes after Simba was taken home by John's parents.
The notice of claim and the federal suit name as defendants the school district and more than a dozen district officials, including Dillon and school board
members.
The federal suit says Simba's effectiveness as a service dog is impaired if he spends too much time away from John, who can hear only with cochlear implants.
Simba, a 2-year-old yellow Labrador retriever, became John's service dog in December after six months of training.
"Simba is alone six to eight hours a day and has been declining in his ability and training, and as such is in serious risk of failing to provide the services
he was trained to provide," the lawsuit says.
Dillon said service dogs are banned from school "to foster a safe and effective school environment."
