Judge Says Dog Treats 'Disabled' Woman's Depression
NewsMax.com Wires
Tuesday, Aug. 10, 2004
ROYAL OAK, Mich. A judge has upheld an order blocking an
apartment complex from evicting a woman who says she needs to keep
her late mother's dog because it helps her fight depression over
the mother's death.
Christine Emmick has a disability and is entitled to keep her
Shih Tzu, Max, despite the no-pets rule at Royalwood Cooperative
Apartments, the Michigan Civil Rights Commission ruled.
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The apartment complex "refused to reasonably accommodate her
mental disability by allowing her to keep a dog," and violated the
state's Persons with Disabilities Civil Rights Act, the commission
ruled earlier this year.
The ruling was upheld last week by Oakland County Circuit Judge
Fred Mester.
"I was skeptical of the case at first," Mester told the
Detroit Free Press on Monday. "But when you look at the facts of
the case, the cooperative was violating the law.
"This is not a case where somebody says, `I have a headache,
and a dog would make it better.' This woman had a well-documented
disability and was able to prove that the dog helps her in coping
with that disability."
The commission awarded Emmick $107,749 in emotional damages and
attorney fees.
A lawyer for the co-op criticized the ruling. "The dog, as far
as the cooperative is concerned, is nothing more than a pet," said
Patrick Rode.
Emmick, a former graphics designer, brought her mother to
Michigan in 1998, along with Max, to care for her after she was
diagnosed with terminal lung cancer.
The co-op board told Emmick the dog had to go. She later moved
her mother to an apartment building that allowed pets, but after
her mother died in 2000 she brought Max back to her Royalwood
apartment.
In April 2001, the cooperative's board of directors voted to
evict her.
A psychiatrist, Dr. Michael Abramsky, told the commission that
Emmick's relationship with Max "kept her afloat and stabilized her
functionally and emotionally ... without the dog, she would
probably spend most of her life in bed."
© 2004 Associated Press. All Rights Reserved. This material may not be published, broadcast, rewritten or redistributed.
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