The Commercial Appeal

Supreme Court backs disabled girl, service dog

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WASHINGTON The proverb “every dog has its day” came true Wednesday at the Supreme Court for the family of a 13-year-old girl with cerebral palsy and her goldendood­le, Wonder.

In a case that was watched closely by the disability community, the high court ruled unanimousl­y that Ehlena Fry’s family can pursue a lawsuit against her former public school district for denying access to her service dog.

Lower courts had ruled the family had to exhaust administra­tive remedies under the Individual­s With Disabiliti­es Education Act before seeking damages under the Americans With Disabiliti­es Act.

But the justices ruled that if the family did not pursue a solution under IDEA, it can sidestep that process in search of its real goal: providing Ehlena with greater physical and emotional independen­ce.

The 8-0 ruling was delivered by Justice Elena Kagan. While it leans in the Fry family’s direction, it leaves open the possibilit­y that a lower federal court still could require exhaustion of the IDEA administra­tive process.

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