By Hector Flores
brought by Nancy and John Cave after their deaf son, John Jr., was prevented from entering Clarke High School with his service dog, Simba.
The Caves argued in court that since January, John Jr. had repeatedly been denied his civil rights when school officials refused to admit him to the school building with his dog. The Caves insist that their son needs Simba in case of an emergency, and to be self sufficient. Furthermore, they claim, John Jr.¹s right to use the dog is guaranteed by the Americans with Disabilities Act.
On Feb. 28, U.S. District Judge Arthur Spatt handed a defeat to the Cave family, ruling against a preliminary injunction, included in their lawsuit, that would have allowed Simba into the high school while the suit was being decided. Spatt ruled that the district had provided adequate accommodations for John Jr., in the form of an interpreter, and that the Cave family had not exhausted all its options with the district. Furthermore, Spatt wrote, allowing Simba into the classroom would not further John Jr.¹s education, but instead cause ³disruption² and be ³counterproductive.²
On the heels of Spatt¹s ruling, the school board decided to pursue a dismissal of the suit. School board President Deborah Coates said, ³We believe that the judge¹s decision speaks for itself, and was in the best interest of the young man. The school district has always wanted what is best for John. We feel that the decision, as written by Judge Spatt, was fair, comprehensive and thorough based on the facts presented in court. Therefore, we have instructed our attorneys to seek dismissal of the case.²
Paul Margiotta, an attorney who is representing the Cave family without payment, said he was not surprised to learn of the district¹s plans, but added that he would file an appeal. ³Any school that denies a deaf boy the help of a hearing dog is not a school that I would expect to do anything else,² Margiotta said. ³I am sure that the motion will be filed. However, we are filing a Notice of Appeal to the United States Court of Appeals for the Second Circuit this week. Law is not made unless one loses at the lower court level and the case is heard by an appellate court.²
Comments about this story? HFlores@liherald.com or (516) 569-4000 ext. 283.
