For the last two years, Monica Alboniga has been trying to convince the Broward County School Board to allow her seven-year-old son to have his service dog with him at school. The boy has cerebral palsy, and very much relies on his dog, Stevie. Last week a judge ruled that Stevie should be allowed to attend.
With as many worries about their children that parents already have, none should have to worry about the safety of their child while at school. In addition to cerebral palsy, Anthony Merchante has spastic paralysis, a seizure disorder, and he is unable to speak. He uses a wheelchair to get around, and Stevie is often tethered to it.
Monica says Stevie “has saved Anthony’s life. I feel completely safe every time he is with the dog, because I know the dog will look for help.”
Stevie alerts people when Anthony has trouble breathing or is about to have a seizure. He can lay himself across Anthony’s lap to support his head so his airway isn’t restricted.
“Stevie lets me know when he has seizures or problems breathing. He pushes me toward Anthony. He barks,” Monica said. “When Anthony is having convulsions, he starts barking and goes looking for us. Then he goes back to Anthony and stays with him.”
Despite this, school administrators continuously said the trained service dog did not belong in the school. A lawsuit was filed, and fortunately, US District Judge Beth Bloom is of a different opinion that the school. She ruled that Stevie should be allowed to attend Nob Hill Elementary with Anthony.
“The district has always permitted the service dog at the school,” said the district’s spokeswoman, Tracy Clark. Alboniga “pursued the lawsuit as the parties [the district and the plaintiff] differ somewhat in the interpretation of the federal regulations governing service animals. The district’s legal department is reviewing and analyzing the order.”
When Monica submitted a formal request for Stevie to accompany Anthony in July of 2013, the school board demanded that Stevie must have a number of vaccinations that dogs are rarely given, and that Monica pay for Stevie to have a handler.
Her attorney, Matthew Dietz, called the rider “an impossible barrier” that violated federal civil rights laws.
“The fact that the judge said the school board’s rules made no sense vindicates this woman’s belief that what she was doing for her son was the right thing,” he said.
For the first four months that Anthony attended kindergarten, his mother worked as Stevie’s handler. Later, a custodian was appointed the task of walking Stevie outside and making sure other children didn’t interfere with his responsibilities.
“While at school,” Judge Bloom wrote, “Stevie does not eat or drink. Nor does Stevie defecate or make stains, or require cleaning or exercise.”
But administrators repeatedly claimed that it was not the district’s job to help Anthony keep Stevie at school. However, someone at the US Justice Department said the board “fundamentally misunderstands” ADA regulations, which state that “public entities generally must permit individuals with disabilities to be accompanied by their service animals.”
The board argued that Stevie’s presence wasn’t necessary, as there were staff trained to perform the same tasks, and that the district shouldn’t have to pay for a dog handler.
“Congress specifically intended that individuals with disabilities not be separated from their service animals, even in schools,” the DOJ wrote.
Judge Bloom ruled that it was reasonable to expect the district to allow Stevie on campus “in the same way a school would assist a non-disabled child to use the restroom, or assist a diabetic child with her insulin pump, or assist a physically disabled child employ her motorized wheelchair.”
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Bravo.
I thought it was a law every where already! Dang
Very disappointing that it was not just a given that a service dog can attend
I agree there should not be any question about actual trained service dogs. We have a guide dog in our home . The big problem popping up is that there are companies certifying animals by Internet and telephone with no training for a price. Many people are doing this to get around no pet policies. They send a card or letter certifying the animal as a service animal. Because of this people with a real need are paying for it. The way the law is written a business can not even ask for proof if you say an animal is a service animal. So what is happening is that people are taking pets everywhere which is getting problematic for those with a real need.
I’m so happy for them both.
Yaaaaay for Stevie!
That’s why we have judges ,
Stevie…what a great name and a great dog!
Well hallelujah!
Are you kidding? Americans With Disabilities ACT. It’s law!
Awesome news
To admin : please remove post from WTF Texts. It does does not belong here. It is spam.
Should not have been an issue in the first place.
Why the fuck was this an issue!!!!
I can’t believe this was even an issue. Would you deny a deaf person their hearing aide or a blind person their walking stick, or an old person their walker? No, of course not. If the dog is properly trained, then the dog is no different than said items above. Happy this was the outcome though!
First off, it’s Florida and secondly it’s the fear of the name pit bull!
Sweet little guy. Too bad grownups sometimes get in the way! I’m glad he finally gets to have his dog in school!
Glad to see they will be able to attend school together.
Happy ending.
Way to go!
Bravo. Any thing that helps the boy should be allowed
Fabulous!!!
It’s a shame that this took so long to come to pass. This reinforces the importance of not falsifying service dogs legitimacy. Please save the real service dogs right to wear the vest to help the people who genuinely require them.
It shouldn’t have taken two years to approve this! That’s what the ADA was all about.
Well, HELL, there should NEVER have been one discussion about this in the first place. Glad he won his “right” to have his service dog with him.
Hard to believe there was resistance in the first place. Good for the family opening the door for this young man and others.
Yea!!!!!:)
Awesome
Obviously cuz it is a Pit bull. Glad they won. Some people are Just ignorant.
Looks like the boy is dead
Why would you say that? I hope you never have a child with any kind of problems. I would feel sorry for him.
Because Alejandro is a douchebag
this is awesome! wonderful
FINALLY….Some common sense in government!
Amazing what you have to go through to have the applied as it was written!
Amen
Wonderful !!
A judge that was intelligent.Who would have thought?
Great!
He’s going through enough, let him have his dog by him.
Excellent. Too bad it took do long.
Love!
Yay! That was a no-brainer decision
Should have been done previously. Glad the right decision was made. Looks like there is love there.
That’s awesome!!!
Bet there would have Bern no problem if he was a golden!!! DISCRIMINATION again!!!! Thank GOD with each victory!!! Keep fighting for the digs people!!!!!!!! God bless
YEP! And don’t forget pits score HIGHER then goldens on the temperance test! I want to be excited about this for pitbulls, (I have a rescue myself – best dogs ever!) but I am pretty certain that is only part pit, if any at all. Which in turn makes me angry all over again that any dog remotely resembling a pit is called a pitbull in the media and taken away bc of breed bans on “pitbull-type” dogs. They are also called pits at shelters, which makes them harder to adopt out. I used to volunteer at a shelter and I can tell you we have no idea what those dogs are we just guess. Not even a vet can tell exactly what a mix is by looking, and the people filling out the dog info cards are NOT vets.
Dogs!!!,
Bout durn time. ..
This is a duh. Of course the dog should be allowed in this situation.
should have never been a question on it!.
Shame on the school!!
Good on ya judge!!!
So happy for him!
Tamara French
A perfect example of the right thing to do!
Dog for Devyn
YES FINALLY SOMEONE WITH BALLS AND BRAIN !!!
Service dogs are better behaved than most people! Why did this even have to go to court
I think this is wonderful the dog can be there with the little boy GOD bless both of them
yes yes yes thank You Lord Jesus!
Good for that judge, this boy should be afforded every right as anyone else!!!!
Of course the dog should be with the kid. No question why the judge? Stupid school board no doubt.
I should bloody think so! Why was there ever a question. Stupid bureaucracy.
Debbie Foreman Brad Foreman Eli needs a service dog for school! !!
Way to go, Stevie
Good job!
Great news!!!!! Way to go all involved!!!!
I thank this judge for using common sense.
Brianna Price
It shouldn’t never of had to go to court.
Well done Judge!
Stupid school.
Justine Lala
Thank God and a lot of prayers
A service dog is a service dog, and if it has passed all the exams and certifications, I don’t care if it is a 200-pound monster dog!! Sheesh!
Should have
I agree, why was there ever a question!
Its surprising how this wasnt an automatic yes, but good for the school for recognizing the medical need
A match made in Heaven!
Wie blöd müssen Leute sein, Ihm das nicht zu erlauben
Finally a judge some sense!
If the dog hadn’t been a pitbull it never would have been an issue.
.Oh and I want to know who on the staff has the ability to sense when the child is about to have a seizure before it happens?? Cause if they do I want proof lol
Why would a school even fight this? So stupid. Glad the legal system finally worked for someone who actually deserves it.
Beautiful friendship
I remember when I lived in Switzerland anyone was alowed to bring thier dog into a resturant, why can a person with a sevice dog not be allowed to bring thier dog with them to school ? Thank god some DOJ has a heart…
Should bloody well think so. Though any school that would take steps to limit a kid’s wellbeing like that is one worth avoiding. I learned that the hard way.
Why shouldn’t he…
Good
Beautiful friendship
Abput time!! I hate the way the way certain dogs get discriminated I have always said it’s the owner not the dog
cant see the problem here if its a service dog for the child then surely no one has the right to refuse
η απάντηση σε όσου κακοποιού ν ένα ζώο!
I’m so happy you won,your son should have any thing he needs,i know service dogs are quite helpful.may gd be with you
<3
<3 Only these special creatures are able to perform certaing "cures" which demand Pure and Inconditional Love … <3 só eles são capazes de certas "curas" cujo único remédio é Amor Puro e Incondicional
Thank God
<3 QUE BIEN
AMEN!!!!!!
Florida, you’re doing something RIGHT this time. Keep it up!
A judge with some sense, but it should never have gone that far or taken that long. The school had no right denying this child his service dog.