Administrative Law Judge Heather Palmer ruled the community violated fair housing laws by not providing reasonable accommodations for an assistance animal. Alpine appealed the ruling to the Human Rights Commission, claiming the muscular dog was menacing to community residents while being chained up unattended in violation of community regulations.
Alpine attorney Davin C. Curtis argued Rottweiler’s have been know to maim and kill, and “Management of Alpine Park made the responsible, reasonable decision to protect the safety of its residents,” he said.
Reinhardt’s boyfriend, Carl Smith, had a note from his psychologist stating the animal was was needed to help Smith with ongoing mental health problems as a therapy dog and should be allowed.
Commission Attorney Jason Lehman said Alpine did not investigate the threats and said the dog never posed a direct threat. “Alpine Park has no right to insist that Mr. Smith find and train a different dog merely because it believes Rottweilers are dangerous, no matter how sincerely Alpine Park may hold onto such an outdated and stereotypical belief,” according to Lehman.
Commission members voted 6-1 to uphold the judge’s ruling. In addition to the civil penalty and the actual damages to Reinhardt for having to drive to visit Smith in his home, Alpine must pay Reinhardt $2,000 for emotional distress for threatening to evict her.
MHProNews understands Alpine Park has 30 days to appeal the decision to Iowa District Court. The community management was also ordered to develop a policy regarding therapy, companion and service animals. ##
(Image credit: google.com-Alpine Park MHC)
