Broward files its first emotional disability pet lawsuit

Widow's doctor said she needs Chihuahua at no-pets condo

Article Courtesy of The Sun Sentinel

By Brittany Wallman

Published June 1, 2011

  

If you’re a taxpaying member of society, you’re fighting in court now for one depressed widow’s right to live with a Chihuahua.
  
The senior citizen in Deerfield Beach’s Century Village is so incensed over her condo’s refusal to honor her doctor’s “prescription’’ that she live with her dog, Sweetie, for emotional support, and the retaliation she says she suffered over her request, she’s made a federal case out of it, literally. Broward County government has taken her cause to the courthouse, and the public is paying for it.

  

Attorneys involved in the case of Phyllis Schleifer versus Ventnor H condo talked late last week about the three-year saga, and how it got farther than any other support-pet case the county has handled. Schleifer said she wishes she could be left alone.

A neighbor formed a “gun’’ with his fingers when she was out walking the condo grounds, she said, and pointed it at her precious Sweetie just days ago.

“Look what they’ve done to me,’’ Schleifer said Thursday in a call from her condo. “Look what they’ve done to me.’’

After a horrible car accident and then the loss of her husband of 42 years, Schleifer’s doctor diagnosed her with depression and post-traumatic stress syndrome. A pet was just what the doctor ordered. But since Sweetie moved in with her in 2008, the dog’s presence hasn’t been as comforting as she might have hoped.

Her condo refused to allow Sweetie, questioned the legitimacy of Schleifer’s doctor’s orders, and posted a notice at the condo telling her neighbors that a vote had been taken “not

to allow any dogs by anyone in our building.’’ The notice, marked as “Exhibit A’’ in her complaint to the county, gave her neighbors her name, and warned them their money would be used “on a suit if necessary.’’

That was an effort to “shame, humiliate, and intimidate’’ her, the county argued in its just-filed case.

The condo’s attorney, Patrick Murphy, later sent her a letter ordering that she pay $16,752 in legal fees for the condo’s fight against her. The letter threatened to file a lien against her condo if she didn’t pay, the county’s suit alleges.

Murphy said he couldn’t comment when reached Thursday because he didn’t have time. He didn’t return a second call to his cell phone for comment. He’d said in the past that the condo board needed more medical information, and he suggested to the Sun Sentinel that a cat might be more comforting than a dog, because cats don’t bark. Condo board members had said they were just following Murphy’s legal advice.

Attorney Peter Wallis, who represents Schleifer, said Thursday that mediation held by Broward County officials failed two weeks ago. He said condo board members can believe their governing documents are “sacrosanct.’’ They’re not. Under federal law, even a condo with a policy against pets must allow a “reasonable accommodation’’ for those with a disability that requires a pet, if the person substantiates it, he said.

Broward County commissioners authorized the federal lawsuit on March 29 but some openly questioned why the public’s money had to be extended for it.

The county handles civil rights cases like this one on behalf of the U.S. Department of Housing and Urban Development, under a work agreement that federal tax dollars pay for, assistant county attorney Annika Ashton said.

The county was obligated to take the case to court when it failed to settle, even though it could cost up to $50,000. But the county is reimbursed for such cases by the federal government, and if the county wins, the damages likely will include payment of the county’s legal fees.

The county’s suit asks for the legal fees, a finding of a violation, a civil penalty against Ventnor H condo and approval for Sweetie, plus awarding of damages to Schleifer.

Ashton said the emotional-service-pet case is “not an anomaly. We deal with these cases all the time.’’

What made this case a bit different, Ashton said, was the retaliation.

Schleifer said it continues.

"People hardly speak to me," she said. "… They’re horrible. They’re just horrible."


Century Village condo attorney wants to settle emotional service dog case

Broward to sue for Deerfield widow's right to live in Century Village condo with Chihuahua

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