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Litigation Chair Stan Camhi Prevails on Appeal
Involving Service Dog in Public School

Despite the fact that the Federal District Court found that the East Meadow Union Free School District did not violate a student’s rights under the Americans With Disabilities Act (“ADA”) or the Individuals with Disabilities Education Act (“IDEA”) when it refused to allow a hearing impaired student to bring a service dog to school with him, the New York State Division of Human Rights charged the School District with violating the New York Human Right’s Law. In addition to arguing that the dog served no educational purpose and that the presence of the dog in the school created a serious health risk to other students and staff, Mr. Camhi asserted on behalf of the District that the State Division did not have jurisdiction over it because the statute the State was relying on did not apply to a public school district like East Meadow UFSD. The Commissioner for the State Division found that the East Meadow Union Free School District had engaged in an unlawful discriminatory practice when it denied the dog access to the school. The School District appealed to the Appellate Division which reversed the Commissioner and dismissed the case. In doing so the Court agreed with Mr. Camhi that the State Division did not have jurisdiction over the School District. The State Division moved for leave to appeal to the New York Court of Appeals in an attempt to reverse the Appellate Division decision. The Court of Appeals, however, denied the State Division’s motion. East Meadow Union Free School District v. N.Y.S. Division of Human Rights, 65 A.D.3d 1342, 886 N.Y.S.2d 211 (2d Dept. 2009) leave to appeal denied 2010 N.Y. Slip Op. 70593 (May 6, 2010).