By Hector Flores
U.S. District Court Judge Arthur Spatt ruled on Feb. 27 that the Cave family had not exhausted all its options with the East Meadow School District¹s specials-needs program, which creates individualized education programs for disabled students.
But Paul Margiotta, an attorney representing the Caves, said, ³The Caves do plan to appeal. ... We have just begun our legal battle. In order for law to be made, a case must go up on appeal. When the U.S. Court of Appeals rules, it will become the law of the Second Circuit.²
Leon Campo, deputy superintendent of the East Meadow School District, said that district officials had not made a decision on whether to ask for a dismissal of the $150 million federal discrimination lawsuit brought against the district by the Cave family. ³Any time the district takes a move legally, we need the approval of the Board of Education,² Campo said, adding that the board would be meeting on Thursday, and that he would not know what the district¹s next legal move will be until after the meeting.
In court papers, the Caves claim they were denied their civil rights when the district barred John from entering Clarke High School with Simba. Since January, John had repeatedly attempted to enter the high school with the dog, and each time he was denied entrance by school administrators on the grounds that the dog¹s presence was contrary to school policy, and might pose health risks to staff members and students who have severe allergies to dogs.
The Caves insist that their son needs to be with the dog in case of an emergency, and in order to be self sufficient. Furthermore, they claim, John¹s right to use the dog is guaranteed by the Americans with Disabilities Act.
Community reaction
As the case has garnered national attention, reaction among East Meadow residents has been mixed. Lorraine Baltusis, whose daughter is allergic to dogs, supports the judge¹s ruling. ³I was very happy,² she said. ³I feel bad for the boy, but I felt the decision was the best all around.²
Susan Weiss agreed with Baltusis, saying that the Caves should have exhausted their options with the district. ³I agree with the judge¹s decision,² Weiss said. ³I feel that none of this would have happened if the Caves had followed the proper channels. If they had requested a meeting with the school district, none of this would have happened. The school district is very accommodating to special-needs children when things are done through the proper channels.²
Bill Alderman, however, said that either side could have won the decision. ³It could have gone either way because there was merit on both sides,² he said. ³As a parent, I do understand how hard it is sometimes to get the [district] administration to look at both sides. In my opinion, the judge heard from everyone involved and made a well-informed decision.²
Michelle Soodek, who has an autistic daughter in school in the district, said she preferred to stay neutral. But Bob Zafonte, president of the East Meadow Civic Association, who is sometimes a vocal critic of the district, said he is hopeful the Caves will win on appeal.
Dr. Tara Keenan-Thomson, a spokeswoman for the Nassau County Chapter of the American Civil Liberties Union, said she is concerned about the effect the ruling might have on the rights of disabled people who use service dogs in buildings. ³It¹s our understanding that service animals are allowed to be admitted into buildings, irrespective of any concern the administrators have,² Keenan-Thomson said. ³The Americans with Disabilities Act is very clear on this. If we are going to bar service animals from buildings based on potential allergies or distractions they may cause, then we may be barring disabled people from leading an independent life.²
Also questioning the ruling were members of the International Association of Assistance Dog Partners. Toni Eames, a member of the group, said, ³My husband and I are both blind and have guide dogs. We are appalled at the judge¹s lack of foresight in not allowing John Jr. to be accompanied by his hearing dog. The young man needs Simba to enhance his independence as a deaf person.²
Eames added that Simba is not an educational tool, but rather a way for John to gain self-confidence as he faces adulthood. ³Many physically disabled and blind teenagers work with their dogs in school settings,² she said. ³Why should East Meadow be an exception? I know many children with dogs in school and in high school.²
Sioban Leahy, 21, a blind college senior at the College of New Jersey, called Spatt¹s ruling on the Cave case ³ridiculous² and said that she has been allowed the use of a service dog since her senior year in high school. ³Many people in the service dog world are very upset with the judge¹s ruling because it¹s a setback,² she said. ³According to [the Americans with Disabilities Act], this should not be permitted.²
Leahy explained that the Seeing Eye School, which provided her with her service dog, contacted her high school, Tech High School in North Bergen, N.J. ³The school spoke to me and the school administration,² Leahy said. ³My school principal even told the school that they would do everything they can to make sure that the other students would leave my dog along.²
Leahy added that she tried to prevent problems among students with allergies by grooming her dog every day.
Comments about this story? HFlores@liherald.com or (516) 569-4000 ext. 283.
