Century Village condo attorney wants to settle emotional service dog case

Article Courtesy of The Sun Sentinel

By Brittany Wallman

Published April 8, 2011

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A little old lady named Phyllis Schleifer and her tiny Chihuahua, Sweetie, might be able to end their fight against their Century Village condo soon. They might even be able to live there with the official approval of their condo board.

Click here for a memory refresher on this case, in which Schleifer says she needs Sweetie as an emotional service animal because of her emotional disability. Her condo doesn't like that idea. Schleifer took her case to the county's Civil Rights Division and the county agreed to take up her cause, and to file suit against the Ventnor H condo where Schleifer lives in Deerfield Beach.

The condo is accused of discriminating against someone with a disability, and retaliating against her after she asked to keep the dog.

The Ventnor attorney, Patrick Murphy, decided to tell his side of the tale, after declining to do so earlier. He said Wednesday that he hopes to settle the case with the county. Whether that means the dog stays remains to be seen.

Murphy said his client, the condo board, hasn't seen enough medical documentation to determine that Schleifer indeed needs Sweetie because of an emotional disability. Murphy said Schleifer originally said she had back problems from a car accident, and one doctor said the tiny dog would help her with her balance.

Though another of her doctors said she was "depressed' and needed the dog, Murphy said she didn't focus on her claim that she has an emotional disability until recently.

Schleifer lost her first complaint to the county, and also lost when she appealed the decision. But she refiled the case shortly afterwards, focusing just on her emotional needs, Murphy said.

"I think in fairness to everyone concerned ... and this has a ripple effect not just for this community but other communities that have this policy, people that have legitimate conditions and are entitled to have under the law these animals, obviously they should be accommodated, but I think it has to be legitimate. I think it has to be verified and shown. But under the facts Miss Schleifer has shown before, I don’t think it was legitimized.''

He said a mediation would require compromise from both sides. He wondered whether a cat might be more of a comfort than a dog, anyway. Cats "purr,'' he noted, instead of barking.

As for whether he buys the legal argument that the dog is needed for emotional comfort, he said: 

"Sure, my dog provides me with emotional satisfaction. I take him jogging.''


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