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**bellson** · 04-10-2011, 03:39 PM

If I remember correctly, folks with service dogs and disabilities had this issue in Colorado (most likely Denver, pretty sure there's a breed ban there). Probably worth it to look that up.

Yup. 3 people that I know of took Denver to court because their breed ban did not exempt service dogs. As of July 2010, a Department of Justice judge ruled that breed bans DO NOT apply to service dogs as far as the ADA is concerned.
http://www.thedogplace.org/LEGISLATION/Service-Dog-Ruling-10081_rep.asp

Yesterday, July 26, 2010, was the 20th Anniversary of the signing of the Americans with Disabilities Act (ADA). The Department of Justice (DOJ) took the opportunity to release its final rule in order to adopt enforceable accessibility standards. Contained within the exhaustive document is the DOJ's explicit rejection of the idea that service dogs can be restricted by state and local governments based on breed.

In Subpart A, Section 35.104, Definitions, the idea of Breed Restrictions is addressed:

The Department does not believe that it is either appropriate or consistent with the ADA to defer to local laws that prohibit certain breeds of dogs based on local concerns that these breeds may have a history of unprovoked aggression or attacks.

04-10-2011, 03:39 PM	#11
bellson Join Date Oct 2005 Posts 471 Senior Member	If I remember correctly, folks with service dogs and disabilities had this issue in Colorado (most likely Denver, pretty sure there's a breed ban there). Probably worth it to look that up. Yup. 3 people that I know of took Denver to court because their breed ban did not exempt service dogs. As of July 2010, a Department of Justice judge ruled that breed bans DO NOT apply to service dogs as far as the ADA is concerned. http://www.thedogplace.org/LEGISLATION/Service-Dog-Ruling-10081_rep.asp Yesterday, July 26, 2010, was the 20th Anniversary of the signing of the Americans with Disabilities Act (ADA). The Department of Justice (DOJ) took the opportunity to release its final rule in order to adopt enforceable accessibility standards. Contained within the exhaustive document is the DOJ's explicit rejection of the idea that service dogs can be restricted by state and local governments based on breed. In Subpart A, Section 35.104, Definitions, the idea of Breed Restrictions is addressed: The Department does not believe that it is either appropriate or consistent with the ADA to defer to local laws that prohibit certain breeds of dogs based on local concerns that these breeds may have a history of unprovoked aggression or attacks.
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