March 2022 - Parks & Recreation - 28

LAW REVIEW
In the case of Silva v. Lee County, Silva claimed
he was unable to visit a public beach with his
service dog because Lee County had banned
all service animals from that beach in violation
of the Americans with Disabilities Act.
Service Dog Beach Ban ADA Claim
By James C. Kozlowski, J.D., Ph.D.
A
s illustrated by the case described herein, under certain
circumstances, a federal court may dismiss a claim alleging
a violation of the Americans with Disabilities Act (ADA) as
" moot " if the challenged governmental policy or practice has
been terminated with no reasonable possibility that it will reoccur.
In the case of Silva v. Lee County,
2021 U.S. Dist. LEXIS 197008
(M.D. Fla. 10/13/2021), Plaintiff
Cesar Silva, a disabled military
veteran living in Lee County, Florida,
required the use of a service
animal, an 8-year-old German
Shepherd named Sophia.
Silva
claimed he was unable to visit a
public beach with Sophia because
Lee County had banned all service
animals from that beach in
violation of the ADA, 42 U.S.C.
ยงยง 12101-12213. Accordingly, Silva
sued Lee County for violating
Title II of the ADA.
so-called
" ban "
on
In response, Lee County filed a
motion to dismiss Silva's lawsuit.
In so doing, Lee County argued
its
service
animals was nothing more than a
poorly worded sign that has since
been removed. According to Lee
County, the voluntary removal of
the sign had effectively addressed
any alleged violation of the ADA
and, therefore, had " mooted "
Silva's lawsuit (i.e., no live dispute
remained to provide jurisdiction
for a federal court).
Silva opposed the motion to dismiss
because he believed there was
28 Parks & Recreation | MARCH 2 0 22 | PARK S ANDRECRE AT ION . OR G
still a live continuing controversy
as to Lee County's purported ban
on service animals.
No Pets or Service Animals
Silva had multiple disabilities,
including post-traumatic stress
disorder (PTSD) and
required
the use of a walker and cane to
ambulate. Silva's service dog, Sophia,
helped Silva by picking up
objects he dropped, alerting others
when he required assistance,
and acting as a barrier between
him and large crowds. Sophia
had " received over 1,500 hours
of training in obedience, socialization,
desensitization, public
access training and advanced skill
work " through Guardian Angels
Medical Service Dogs, Inc.
In February 2021, Silva and So

March 2022 - Parks & Recreation

Table of Contents for the Digital Edition of March 2022 - Parks & Recreation

March 2022 - Parks & Recreation - Intro
March 2022 - Parks & Recreation - Cover1
March 2022 - Parks & Recreation - Cover2
March 2022 - Parks & Recreation - 1
March 2022 - Parks & Recreation - 2
March 2022 - Parks & Recreation - 3
March 2022 - Parks & Recreation - 4
March 2022 - Parks & Recreation - 5
March 2022 - Parks & Recreation - 6
March 2022 - Parks & Recreation - 7
March 2022 - Parks & Recreation - 8
March 2022 - Parks & Recreation - 9
March 2022 - Parks & Recreation - 10
March 2022 - Parks & Recreation - 11
March 2022 - Parks & Recreation - 12
March 2022 - Parks & Recreation - 13
March 2022 - Parks & Recreation - 14
March 2022 - Parks & Recreation - 15
March 2022 - Parks & Recreation - 16
March 2022 - Parks & Recreation - 17
March 2022 - Parks & Recreation - 18
March 2022 - Parks & Recreation - 19
March 2022 - Parks & Recreation - 20
March 2022 - Parks & Recreation - 21
March 2022 - Parks & Recreation - 22
March 2022 - Parks & Recreation - 23
March 2022 - Parks & Recreation - 24
March 2022 - Parks & Recreation - 25
March 2022 - Parks & Recreation - 26
March 2022 - Parks & Recreation - 27
March 2022 - Parks & Recreation - 28
March 2022 - Parks & Recreation - 29
March 2022 - Parks & Recreation - 30
March 2022 - Parks & Recreation - 31
March 2022 - Parks & Recreation - 32
March 2022 - Parks & Recreation - 33
March 2022 - Parks & Recreation - 34
March 2022 - Parks & Recreation - 35
March 2022 - Parks & Recreation - 36
March 2022 - Parks & Recreation - 37
March 2022 - Parks & Recreation - 38
March 2022 - Parks & Recreation - 39
March 2022 - Parks & Recreation - 40
March 2022 - Parks & Recreation - 41
March 2022 - Parks & Recreation - 42
March 2022 - Parks & Recreation - 43
March 2022 - Parks & Recreation - 44
March 2022 - Parks & Recreation - 45
March 2022 - Parks & Recreation - 46
March 2022 - Parks & Recreation - 47
March 2022 - Parks & Recreation - 48
March 2022 - Parks & Recreation - 49
March 2022 - Parks & Recreation - 50
March 2022 - Parks & Recreation - 51
March 2022 - Parks & Recreation - 52
March 2022 - Parks & Recreation - 53
March 2022 - Parks & Recreation - 54
March 2022 - Parks & Recreation - 55
March 2022 - Parks & Recreation - 56
March 2022 - Parks & Recreation - Cover3
March 2022 - Parks & Recreation - Cover4
https://ezine.nrpa.org/nrpa/ParksRecreationMagazine/february-2023
https://ezine.nrpa.org/nrpa/ParksRecreationMagazine/january-2023
https://ezine.nrpa.org/nrpa/ParksRecreationMagazine/december-2022
https://ezine.nrpa.org/nrpa/ParksRecreationMagazine/november-2022
https://ezine.nrpa.org/nrpa/ParksRecreationMagazine/october-2022
https://ezine.nrpa.org/nrpa/ParksRecreationMagazine/september-2022
https://ezine.nrpa.org/nrpa/ParksRecreationMagazine/august-2022
https://ezine.nrpa.org/nrpa/ParksRecreationMagazine/july-2022
https://ezine.nrpa.org/nrpa/ParksRecreationMagazine/june-2022
https://ezine.nrpa.org/nrpa/ParksRecreationMagazine/may-2022
https://ezine.nrpa.org/nrpa/ParksRecreationMagazine/april-2022
https://ezine.nrpa.org/nrpa/ParksRecreationMagazine/march-2022
https://ezine.nrpa.org/nrpa/ParksRecreationMagazine/february-2022
https://ezine.nrpa.org/nrpa/ParksRecreationMagazine/january-2022
https://ezine.nrpa.org/nrpa/ParksRecreationMagazine/december-2021
https://ezine.nrpa.org/nrpa/ParksRecreationMagazine/november-2021
https://ezine.nrpa.org/nrpa/ParksRecreationMagazine/october-2021
https://ezine.nrpa.org/nrpa/ParksRecreationMagazine/september-2021
https://ezine.nrpa.org/nrpa/ParksRecreationMagazine/august-2021
https://ezine.nrpa.org/nrpa/ParksRecreationMagazine/july-2021
https://ezine.nrpa.org/nrpa/ParksRecreationMagazine/june-2021
https://ezine.nrpa.org/nrpa/ParksRecreationMagazine/may-2021
https://ezine.nrpa.org/nrpa/ParksRecreationMagazine/april-2021
https://ezine.nrpa.org/nrpa/ParksRecreationMagazine/march-2021
https://www.nxtbookmedia.com