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Court says state can investigate East Meadow schools for barring service dog -- Newsday.com
A state Supreme Court ruling has bolstered New York's human rights policies beyond the scope of federal disabilities law, according to state officials who are investigating the case of a hearing-impaired East Meadow teen who wanted to bring his service dog to school.
Justice James McCormack dismissed a petition last week by the East Meadow Union Free School District. It sought to block the state's Division of Human Rights from investigating the district's refusal to allow W. Tresper Clarke High School student John Cave to bring his dog, Simba, to school earlier this year.
The ruling strengthens the disabilities protection available in New York, said Thomas Shanahan, deputy commissioner for external relations for the state Division of Human Rights.
"New York State is much broader in interpretation than the analogous federal ... act," he said. "It's important that people realize that the state's law offers substantially more protection than the federal law." He added the state can now hold public hearings on East Meadow's disabilities policies later this year.
But school district attorney Steven Schlesinger said the state's jurisdiction had already been settled when U.S. District Judge Arthur Spatt ruled in February against the family's request for a restraining order to force the district to let John bring Simba to school. "The federal judge dealt with the state issues and found there was no violation of state laws," said Schlesinger, of Garden City.
The Caves, who had sued the district for $150 million, are now waiting for an appellate court to issue a decision on their appeal of Spatt's ruling. John's mother, Nancy Cave, said the new laws support her family's position that public schools are required to allow students to bring service animals to school. "It's nice to know the state will change things," she said. "It vindicates us."
A state Supreme Court ruling has bolstered New York's human rights policies beyond the scope of federal disabilities law, according to state officials who are investigating the case of a hearing-impaired East Meadow teen who wanted to bring his service dog to school.
Justice James McCormack dismissed a petition last week by the East Meadow Union Free School District. It sought to block the state's Division of Human Rights from investigating the district's refusal to allow W. Tresper Clarke High School student John Cave to bring his dog, Simba, to school earlier this year.
The ruling strengthens the disabilities protection available in New York, said Thomas Shanahan, deputy commissioner for external relations for the state Division of Human Rights.
"New York State is much broader in interpretation than the analogous federal ... act," he said. "It's important that people realize that the state's law offers substantially more protection than the federal law." He added the state can now hold public hearings on East Meadow's disabilities policies later this year.
But school district attorney Steven Schlesinger said the state's jurisdiction had already been settled when U.S. District Judge Arthur Spatt ruled in February against the family's request for a restraining order to force the district to let John bring Simba to school. "The federal judge dealt with the state issues and found there was no violation of state laws," said Schlesinger, of Garden City.
The Caves, who had sued the district for $150 million, are now waiting for an appellate court to issue a decision on their appeal of Spatt's ruling. John's mother, Nancy Cave, said the new laws support her family's position that public schools are required to allow students to bring service animals to school. "It's nice to know the state will change things," she said. "It vindicates us."
