March 2022 - Parks & Recreation - 33

imal may be a service animal " and
" the tasks which the service animal
performs must be directly related to
the individual's disability. "
In the opinion of the court,
this narrow definition of service
animals under
its
" household
crime deterrent
effects
of
the ADA and
regulations did not include
pets " because " the
an
animal's presence and the provision
of emotional support, well-being,
comfort, or companionship do not
constitute work or tasks " directly
related to an individual's disability:
The ADA does not create
unlimited license for disabled
customers to enter facilities of
public accommodation with their
pets. An animal that simply
provides comfort or reassurance
is equivalent to a household pet,
and does not qualify as a service
animal under the ADA.
Having found pets were not
service animals under the ADA's
regulations, the court concluded
" Silva cannot refute Lee County's
presumption of non-reoccurrence
with evidence that its website or
some remaining signage bans pets
from Bunche Beach " :
Such a ban on pets would not
violate the ADA. And the allegations
in
Silva's own complaint
make clear that Sophia is more
than a pet. She has more than
1,500 hours of specialized training
and performs tasks that are
directly related to Silva's multiple
disabilities. A ban on pets plainly
does not apply to her.
Conclusion
Having found the alleged violation
of the ADA had effectively been
terminated and unlikely to reoccur,
the federal district court granted
Lee County's motion to dismiss
Silva's ADA complaint as moot.
SEE ALSO: ADA Claim to Allow
Emotional Support Hog in Parks, James
C. Kozlowski, Parks & Recreation,
Oct. 2019, Vol. 53, Iss. 10 (tinyurl.com/
y4yx6s8f) and Code of Federal Regulations
(CFR) Part 35 - Nondiscrimination
on The Basis of Disability in State
and Local Government Services CFR ยง
35.136 SERVICE ANIMALS (tinyurl.
com/3w3bm37z).
James C. Kozlowski, J.D., Ph.D., is an Attorney and Associate
Professor in the School of Sport, Recreation and Tourism
Management at George Mason University (jkozlows@gmu.edu). Law
review articles archive (1982 to present): mason.gmu.edu/~jkozlows.
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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