Supreme Court backs disabled girl, service dog
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.