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Disabled individuals have the right to access comfortable, safe housing. Your disability should not prevent you from having a roof over your head, and you are protected by various state and federal laws in this regard. What kinds of protections do you enjoy as a disabled person searching for accessible housing? How do you fight for your rights in an effective manner? What should you do if you encounter a situation in which a landlord or company is restricting your rights? Can you take action if you experienced disability-based discrimination? These are all questions you might want to ask your disability discrimination lawyer. 

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The California Fair Employment and Housing Act (FEHA)

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If you are serious about fighting for your rights as a disabled person, consider California’s Fair Employment and Housing Act (FEHA). This law states that any discrimination based on disability is illegal in the housing sector. The definition of discrimination is relatively simple in this context: If someone treats you differently than an average person specifically because of your disability, you are experiencing housing discrimination. 

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What are Some Examples of Housing Discrimination Based on Disability?

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Housing disability discrimination can occur in many different forms. In the context of unequal treatment, your landlord might charge you extra rent because of your disability. They might also ask you to stop engaging in activities related to your disability, such as using machinery or medical devices in your home. 

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One of the most obvious examples of disability discrimination involves physical barriers that prevent you from accessing your home. You might be unable to navigate to the entrance in a wheelchair due to a staircase and no ramp. You might struggle to open the front door with a set of keys, perhaps due to partial or total paralysis. 

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If these barriers exist, your landlord or housing management company might be legally required to provide solutions. These accommodations might include ramps, elevators, and automatic doors activated with fobs instead of keys. 

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Another subtle form of disability is forcing you to rent a unit on the ground floor if you have a wheelchair or you’re experiencing mobility issues. Regardless of what your landlord says, you have the right to request a rental unit at the second, third, or higher floors. You are not “automatically” limited to a ground-floor unit just because you have a disability. 

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Can My Landlord Evict Me Because of My Disability?

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FEHA prevents your landlord from evicting you specifically because of your disability. In California, this could be interpreted as a form of illegal “retaliation.” For example, you might complain about the lack of access based on your disability. In response, your landlord might invent some bogus reason to evict you. 

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Even if your landlord appears to have a legitimate, non-disability-related reason for evicting you, the truth may eventually become clear. If you suspect you are being evicted specifically because of your disability, you should speak with a disability discrimination lawyer in California. Your lawyer might be able to uncover evidence that proves the eviction is occurring only because of your disability. 

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Can I Request Accommodations Based on My Disability?

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You may be able to request “reasonable” accommodations and modifications due to your disability. If it becomes clear that these accommodations are necessary to provide you with equal use and enjoyment of your housing, they may be legally required under California law. 

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However, you should know that your housing provider can push back in certain situations. First, they may argue that the accommodation would “fundamentally alter” the housing. They might also attempt to avoid making these modifications by claiming that they represent an “undue burden.” Finally, the modifications might not be possible if they would cause safety threats or property damage for other parties. 

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Although these arguments could be successful, you can push back with help from a lawyer. Your attorney can challenge the arguments of your housing providers, perhaps establishing that your proposed modifications do not represent undue burdens. 

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Disabled People Might Be Able to Circumvent “No Pet” Policies

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Many disabled people in California depend heavily on service animals for assistance. These animals are not exactly “pets,” and their assistance may be crucial for the very survival of disabled people. In the same way that a landlord must accommodate someone with a wheelchair, they must also accommodate someone with a wheelchair. Among other laws, these rights are guaranteed under the Disabled Persons Act of 1968. 

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Even if a landlord has a no-pets policy, they may need to make an exception for disabled people with service animals. You can also submit a request for a service animal after moving into a rental unit. For example, you might suffer a disability five years after moving into your rental home. In this case, you could submit a written request for a service animal – and your landlord would likely need to accept this request. This is true even if you both agreed on a no-pets policy when you originally moved in. 

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Note that the definition of a service animal is quite broad in California. The obvious example is a dog specially trained to help a blind person. Service animals may also assist those in wheelchairs. However, “emotional support animals” may also fall into this category – especially for people with mental disorders and disabilities. 

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If you are experiencing issues with your service animal, consider speaking with an experienced disability discrimination lawyer. These legal professionals may be able to help you bring an animal into your new rental home – or request an accommodation if you’ve already moved in. 

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How Can a Disability Discrimination Lawyer Help Me Access Housing?

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A disability discrimination lawyer in California may be able to help you fight for your housing rights. If you are experiencing needless barriers during your search for accessible housing, you might have the right to take legal action. You might also take action if you are being threatened with eviction solely because of your disability. State and federal laws protect disabled people against housing discrimination in California, and you have every right to fight for your rights with help from an experienced legal professional. Consider working with McGuinness Law Group to discuss your next potential steps. 

July 2024 marked the 34th Anniversary of the Americans with Disabilities Act. The ADA was the world's

first comprehensive civil rights law for people with disabilities. ¹ It was strengthened and expanded in

2008, in response to misinterpretation by the Supreme Court, in a bill called the ADA Amendments Act.

Republican presidents signed both bills, with overwhelming Republican congressional support.

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¹ https://www.archives.gov/calendar/ada25#:~:text=Signed%20on%20July%2026%2C%201990,Lawn%20of%20the

%20White%20House

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1991, George H.W. Bush was president, but Democrats controlled Congress. ² Only 8 senate Republicans

voted against the ADA. 3 President Bush later said that signing the ADA was his greatest achievement. ⁴

Later in life, when he became disabled, he was assisted by his service dog, Sully. ⁵

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In 2008, Bush Senior’s son, George W. Bush, was our Republican president. Democrats held the House,

but now were tied with Republicans in the Senate. ⁶ The ADA Amendments Act passed the Senate by

unanimous consent. No one voted against it. ⁷ The ADAAA comprised only one part of George W.’s “New

Freedom Initiative”, announced only two weeks into his administration ⁸ , to expand funding and services

for people with disabilities by increasing assistive technology and universal design, increasing education

funding, and “Promoting Full Access to Community Life.” ⁹

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Of course, these bills succeed based in years of advocacy by disabled people and their allies. But they

succeeded on a bipartisan basis because those Republicans understood, respected, and chose to protect

the contributions people

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If you are not a person with a disability, you probably know someone who is. Thirteen percent of

Americans have disabilities that affect their daily lives.¹ Twenty-four percent of Americans over the age

of 65, and forty-six percent over the age of 75, have a disability.² If you know someone disabled, are

disabled now, or plan to grow old in the future, you must vote in this election to help protect disabled

Americans. Tammy Duckworth, Senator from Illinois, thinks it is essential that you do.

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Many people know that Sen. Duckworth is a person with a disability who uses a wheelchair and has

limited use of her right arm because, while serving a combat mission in Iraq, her Blackhawk helicopter

was struck from the sky by an RPG. Since serving in Congress, voting rights for everyone -- particularly

people with disabilities -- has become one of her main issues.³

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¹ https://www.pewresearch.org/short-reads/2023/07/24/8-facts-about-americans-with-disabilities/#:~:text=Overall%2C%20there%20are%20about%2042.5,care%20or%20independent%20living%20diffic

ulties.

² Ibid.

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“Voting is a fundamental pillar of our democracy, and our democracy is stronger when every voice is

heard,” Sen. Duckworth has said.⁴ “Your vote is your voice.”⁵ In this election year, you can protect

disability rights by using that voice.

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Disability Rights was always a bipartisan issue. Republican President George H.W. Bush signed the ADA,

and Republican President George W. Bush signed another bill strengthening it. Sadly, the Trump

administration broke that traditional bipartisan support.

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The Trump Justice Department withdrew technical advice encouraging the rights of disabled people to

work.⁶ It halted progress on regulations designed to ensure that the Internet is accessible to blind people

and others with disabilities. ⁷ The Trump administration worked energetically to repeal the Affordable

Care Act and cut funding for Medicaid. ⁸ It acted to “remove benefits that allow people with disabilities

to access health insurance and home health services. Instead of staying in their communities and

possibly working, many would be institutionalized.” ⁹

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Trump also proposed drastic cuts in Social Security Disability Insurance, “the only source of income for

millions of Americans unable to work.” ¹⁰ There is only once voting option for anyone who cares about

disabled people’s ability to live independent, safe and moderately secure lives.

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Even if you are not disabled, don’t know anyone disabled, and plan to be healthy forever, please vote in

this election. Vote to honor and protect disabled veterans, including Sen. Duckworth.

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The nonpartisan League of Women Voters offers other concrete ways to help support voting rights,

here: https://www.lwv.org/blog/voting-rights-heroes-disability-community

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³ https://www.duckworth.senate.gov/news/in-the-news/from-jobs-to-voting-booths-accessibility-should-be-the-

default-in-america_opinion

⁴ https://www.duckworth.senate.gov/news/press-releases/duckworth-durbin-wyden-28-senate-colleagues-

introduce-legislation-to-recognize-september-as-national-voting-rights-month

⁵ https://www.facebook.com/SenDuckworth/posts/your-vote-is-your-voice-with-the-freedom-to-vote-act-we-can-

help-stop-republican/2050869135087025/

⁶ https://archive.ada.gov/withdrawn_olmstead.html

⁷ https://www.reuters.com/article/idUSKCN1C022I/

⁸ https://www.cbpp.org/blog/presidents-budget-would-hurt-people-with-disabilities-1

⁹ https://www.reuters.com/article/idUSKCN1C022I/

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The second week of September 2024 was named National Disability Voting Rights Week, a perfect opportunity to think about how the right to vote, enshrined in the US Constitution, is – or is not – honored in everyday life. Each state has its own voting rights laws, which in 2020 showed to be a strength of American democracy.  But it also can cause confusion for voters.  And in some places, the right to vote is under attack.  Here is a FAQ for all your how-to-vote questions, including the rights of voters with disabilities.  https://www.aclu.org/know-your-rights/voting-rights.

And here is a fascinating blog post from the nonpartisan League of Women Voters, published last year during Disability Voting Rights Week.  Did you know that Fannie Lou Hamer, Barbara Jordan, and other extremely effective voting rights activists were women with disabilities?  I did not!  Here’s to highlighting their contributions:  https://www.lwv.org/blog/voting-rights-heroes-disability-community.

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In conjunction with the Disability Rights Education and Defense Fund and private civil rights law firm Fox and Roberts, we filed an amicus brief yesterday in Guthrey v. AltaCalifornia Regional Center, a case before the 9th Circuit that will decide whether regional centers and their vendors are subject to the anti-discrimination provisions of the ADA. We filed it on behalf of nonprofit organizations that serve people with intellectual and developmental disabilities statewide.  

Regional centers are nonprofit private corporations that contract with the Department of Developmental Services to provide or coordinate services and supports for individuals with developmental disabilities throughout the State of California.

In Guthrey, a woman with developmental disabilities and her mother/conservator sued Alta California Regional Center and two of its vendors alleging discrimination in violation of Title III of the ADA, Section 504 of the Rehabilitation Act and California’s Unruh Civil Rights Act. The district court for the EasternDistrict of California dismissed the complaint, holding that Regional Centersand their vendors are not subject to Title III because their services are provided off-site, and not in their physical offices. The district court also held that because Guthrey could not establish a viable violation of Title IIIof the ADA, her Section 504 and Unruh Act claims necessarily failed.

The district court’s ruling was full of legal errors. If the Ninth Circuit upholds it, this case could have an enormous detrimental impact on hundreds of thousands of regional center clients throughout the state.  

The brief—filed on behalf of neither party but rather on behalf of the nonprofits and their constituents – asks the court to reverse the ruling.  We argue that the ADA does not require covered services to be provided on the physical premises of a covered business.  Such an interpretation radically limits the ability of the ADA to address disability discrimination, contrary to Congressional intent. The brief also challenges the district court’s holding that showing an ADA violation is a prerequisite for raising claims under Section 504 and the Unruh Act. The ADA, the Rehab Act and the Unruh Act are all civil rights statutes that protect people with disabilities, but they are targeted at different kinds of businesses and agencies.

Our brief concludes that the errors in the district court’s order, if allowed to stand, will have a devastating impact on individuals with intellectual and developmental disabilities in California who rely on services and supports delivered by regional centers and their vendors in the field to ensure their full and equal access to and participation in the community.

We are grateful to DREDF and the other organizations that joined the brief:  The Arc of the United States; Autistic Self Advocacy Network; Autistic Women & Nonbinary Network; The Coelho Center for Disability Law, Policy and Innovation; Disability Rights Advocates; Disability Rights California; Disability Rights Legal Center; Disability Law United; Disability Voices United; National Disability Rights Network; and Youth Justice Education Clinic.  Thank you for trusting us to get your important message before the court, to try and prevent a disastrous rollback of disability rights. We’re also proud of our attorney Deborah Gettleman, who raised the issue and organized the response.

See the Briefhere: https://dredf.org/wp-content/uploads/2024/07/2024.07.11-Guthrey-Amicus-FINAL-Accessible.pdf

See DREDF’sstatement about the case here: https://dredf.org/2024/07/12/dredf-urges-ninth-circuit-to-reverse-district-court-order-finding-regional-centers-and-their-vendors-not-covered-by-the-ada/

About the Firm:

McGuiness Law Group is a nationally recognized law firm focused on advancing the rights of people with disabilities through strategic and cutting-edge litigation. We combat discrimination, enforce equity, and expand the rights of people with disabilities. We focus on housing, education, employment, access to government services, and public accommodations. We handle cases in federal and state courts across California, from our base in Oakland.

McGuiness Law group offers unique opportunities for talented individuals who share our passion for litigation and social justice, enjoy work-life balance in a collegial office environment, and produce excellent work with integrity.

Learn more about our firm here: https://www,mcguiness-legal.com/

‍The Position

McGuiness Law Group is hiring an Associate with 5+ years of relevant legal experience. The Associate position is full time or 80%, depending on the applicant’s preference. To apply please email a resume, cover letter, and writing sample to Shalishah Patrick at spatrick@mcguinness-legal.com.

Responsibilities

The attorney will litigate federal and state court disability discrimination cases, investigate potential cases, prepare complaints, draft briefs on dispositive motions and other motions, handle all discovery including taking and defending depositions, conduct oral argument, and conduct trials. The attorney will work in conjunction with the Firm’s lawyers and, upon demonstration of competence, become lead counsel on cases.

There is an in-office requirement that will be set depending upon personal circumstances.

Salary and Benefits

McGuinness Law Group provides a competitive salary, bonuses and a benefits package, including fully covered PPO healthcare and a 401K match. We offer paid time off to vote and to volunteer at elections.

Experience and Qualifications

Applicants should have strong academic credentials, superior research, writing, and verbal skills, and a demonstrated commitment to the public interest. California State Bar membership required; pending California bar applications acceptable.

We highly value trial experience.

We seek people who work collaboratively and can adapt to changing circumstances and manage the stress of a litigation practice. We welcome candidates who think creatively about how to expand the law on behalf of the disability community.

Currently at McGuinness Law Group, each employee either is a person with a disability or loves a person with a disability.  We encourage applicants who have personal insight into the experience of disabled people in America.  

Equal Opportunity

McGuinness Law Group is an equal-opportunity employer that maintains a supportive, equitable environment. We encourage applications from all individuals without regard to actual or perceived race, color, national origin, ancestry, citizenship, religion, sex, gender identity or expression, sexual orientation, marital status, pregnancy, familial status, family responsibilities, age, personal appearance, matriculation, disability, medical condition, genetic information, political affiliation, military or veteran status, or record of arrest or conviction. We encourage applications from people who identify with historically underserved or underrepresented communities.

McGuinness Law Group provides reasonable accommodations for applicants and employees with disabilities. Any applicant needing accommodations in the application process should contact Celia McGuinness at 510-439-2952 or cmcguinness@mcguinness-legal.com.

Applications considered on a rolling basis.

We thought you might enjoy this webinar Celia gave a few years back, “Housing Rights for Persons with Disabilities” It was recorded October 21st, 2020, by Steve Dale at Achieving Independence. Many parents who advocate for their children’s rights in school and with Regional Centers do not know their children have rights to fair housing as well. In this webinar Celia discussed federal and state protections against disability discrimination in the home, such as rights to reasonable accommodation; alteration, repair and maintenance of accessible property features; and assistance animals. She also gives concrete suggestions forgetting the alterations and accommodations your child needs to be safe and comfortable at home.  

The presentation qualifies for 1.5 hour of MCLE Credit by the State Bar of California. If you wish to earn MCLE credit, please download the form at http://www.gspt.org/attorney-resources or email amy@gspt.org.

Watch the full webinar on YouTube.

At McGuinness Law Group, we often see cases where people with mobility disabilities are excluded and even injured by architectural barriers at places of business and public areas. By now, most people know that the Americans with Disabilities Act requires most buildings to be built or renovated to accommodate physical disabilities. The Fair Housing Act also requires buildings constructed on or after 1991 to include some features of accessibility. But “disability access” still makes inclusivity an afterthought, or a requirement to be checked off at the end of a project’s design. Today, we’d like to talk about a broader concept: What if all buildings were built to be universally accessible to everyone? It’s a concept called “universal design” and it’s a step up from the ADA.

Universal design means designing products, environments, programs, and services to be usable by all people, to the greatest extent possible, without the need for adaptation or specialized design. The intent is to simplify life for everyone by making products, communications, and the built environment more usable by as many people as possible at little or no extra cost. Universal Design benefits people of all ages and abilities. It is a human-centered approach that is user-friendly and convenient, but is also respectful of people’s dignity, rights, and privacy.

Some aspects of universal design are obviously beneficial. After all, a stroller-pushing parent appreciates a ramp just as much as a wheelchair user does. But universal design is also part of forward-thinking, business-savvy planning. Did you know that children born today are likely to live to 100 years? That means a lot more aging population, which has the highest rate of disability. Even today, 13.4 percent of the US population has a disability. The number of people living with physical, sensory, mental health, or intellectual and neurodiverse conditions is increasing, as is the life expectancy of people with particularly severe or multiple impairments. Yet the employment rate of working-age people (ages 21 to 64) with disabilities in the United States remains at 45 percent. Inclusive design solutions promote accessibility and usability, enabling people with all levels of ability to live independently. Independence for all people is influenced by how accessible and usable products, services, and environments are.

Universal design also leads to increased market reach, improved customer satisfaction, and improved public perception. Everyone knows about OXO Good Grips products. Though it was designed with older people with arthritis in mind, everyone loves their veggie peelers and ice cream scoops!

Chris Downey, an architect who became blind in 2008 because of a brain tumor, has become a leading proponent of universal design. Celia worked with him when both were appointed by Governor Jerry Brown to the California Commission on Disability Access. “I am much more excited about designing spaces that connect people and communities than designing separate or special places for people with disabilities,” he says. “This is not about code obligations or assuming that people with disabilities or from the broader community won’t do this or that task. The assumption here is that they will do any or all of these things, so let’s operate from there.”

There is an impressive example of universal design at The Ed Roberts Campus in Berkeley, CA. It includes exhibition space, community meeting rooms, a child development center, fitness center, offices for non-profit organizations, and vocational training facilities. The visual centerpiece of the lobby, pictured above, is a helical ramp winding upward to the second floor, its bright-red frame serving simultaneously as art and access. It’s fun to use regardless of one’s ability, which is exactly the point.

Resources:

• North Carolina State Center for Universal Design, https://www.edrobertscampus.org/design/  
• https://universaldesign.ie/about-universal-design
• https://www.disabilitystatistics.org/report/pdf/2022/2000000
• https://universaldesign.ie/about-universal-design/benefits-and-drivers
• Id. https://ced.berkeley.edu/news/expanding-the-circle-of-normal-chris-downey-on-universal-design

McGuinness Law Group is lucky to share office space with Goldstein Borgen,Dardarian Ho, a civil rights law firm whose office is decorated almostexclusively with art created by artists with disabilities. In that spirit,we're implementing an occasional series highlighting the work of artists whosedisabilities are integral to their work. Today we spotlight Leroy F. Moore,Jr., whom Celia first met as her client in a housing discrimination case.

Leroy Moore describes himself as aBlack disabled writer, author, poet, hip-hop/music lover, and communityactivist. Born with cerebral palsy, he has dedicated much of his writing andactivism to disability rights. He was founder of the Krip-Hop Nation projectand co-founder of the performance art collective Sins Invalid. Krip-Hop emergedfrom his interest in Black musicians marginalized because of theirdisabilities. “The mission of Krip-Hop Project,” he has written, “is to get themusical talents of hip-hop artists with disabilities into the hands of mediaoutlets, educators, hip-hop, disabled and race scholars, youth, hip-hopconference coordinators, and agents and to report the latest news aboutmusicians with disabilities.” Celia has seen him perform in a Sins Invalidpiece, a moving and unforgettable experience. See more at Sins Invalid.

Leroy never stops learning. He is currently a doctoral student in linguistic anthropology at UCLA. He recently finished his Master’s Thesis, “Krip-Hop Pedagogy.” Congratulations, Leroy! He also serves as the Chair of the Black Disability Studies Committee for the National Black Disability Coalition. He writes and delivers lectures and performances that reflect the intersections between racism and ableism in the United States and abroad.

Check out his most recent book, Black Disabled Ancestors on Amazon. It’s an inviting bookfull of fascinating facts. Also catch him on Instagram.

McGuinness Law Group agrees with the saying, “Never doubt that a small group of thoughtful, committed citizens can change the world; indeed, it's the only thing that ever has.” We stan many disability rights advocates who have changed the world. This is one entry in our series highlighting those heroes.

Judy Heumann became well known to many people after the documentary “Crip Camp” was broadcast on Netflix. But they may not know she participated in most of the enormous successes of the disability community for decades. She was a born fighter who used persuasion, humor, bridge-building, and theatre to achieve her goals.

As a result of contracting polio as a toddler, Judy used a wheelchair. She encountered discrimination early and often. At age five, she was barred from attending public school because her wheelchair was considered a “fire hazard.” She persevered, graduated from college, and passed the teaching credential test for the state of New York but was denied her teaching license because she could not walk. She sued, and the board of education relented. She became the first wheelchair user to teach in the state of New York.

Judy didn’t stop there: She was a leader in the famous “504 sit-in” in 1974 that successfully pressured the federal government to issue anti-discrimination regulations applicable to businesses and entities that receive federal financial assistance. 150 disabled people, along with their nondisabled allies — ASL interpreters, personal care attendants, and parents of children with disabilities — occupied a federal building in San Francisco for 26 days. It was an extraordinary feat, its success based in large part on the work Judy and others did to build relationships with civil rights organizations, including organized labor and the Black Panthers. It was a racially diverse operation, led by women.

Judy always thought big. She went on to found the Berkeley Center for Independent Living, which helped to launch the Independent Living Movement nationally and globally. She served as the World Bank's first Adviser on Disability and Development. She served in both the Clinton and Obama administrations as Assistant Secretary for the Office of Special Education and Rehabilitative Services in the Department of Education and as a Special Advisor for International Disability Rights at the U.S. Department of State. Judy played an instrumental role in the development and implementation of legislation including the Individuals with Disabilities Education Act, the Americans with Disabilities Act, and the UN Convention on the Rights of Persons with Disabilities.

Judy knew that a small group of committed citizens could change the world, and she knew that it starts with the individual. She said, “I wanna see a feisty group of disabled people around the world... if you don't respect yourself and if you don't demand what you believe in for yourself, you're not gonna get it.” Judy died a year ago this month, but her work inspires us to keep doing ours unapologetically and with pride.

Judy was a funny and warm person. You can see her on Trevor Noah (Video), in Crip Camp (Netflix), and in her Ted Talk (Video). She was even featured in Comedy Central’s Drunk History! (Video)

For more on the 504 Sit-In, check out the Wikipedia page.

At MLG, we love all kinds of assistance animals. We’re in awe of the bond between animals and their owners and of the many ways that assistance animals help their people navigate the world.

Service dogs are a special kind of assistance animal because they are individually trained to perform work or a task for their owners. Because of this high level of training, they are allowed out in public, almost anywhere a person can go. This is what makes them different from other assistance animals, who provide emotional support at home but don’t go into the community.

Guide Dogs are not the only kind of service dog! Service dogs perform a wide range of tasks for people with disabilities. The Department of Justice gives some examples:

• A dog that is trained to retrieve objects for its wheelchair-using owner.
• A dog that is trained to remind their owner to take their medication.
• A dog that is trained to lick the hand of their owner to alert them to an oncoming panic attack.
• A dog that is trained to detect the onset of a seizure and then help the person remain safe during the seizure.

Zochi, pictured above with our client Steve, is another kind of service dog, a Hearing Dog: She alerts Steve to sounds in the environment that he cannot hear.

There are many fine nonprofits that train and provide service dogs to people who need them. Canine Companions for Independence and Little Angels Service Dogs are two of our favorites! These organizations often have lengthy wait lists because it takes time and money (as much as $30,000-50,000) to train a good service dog.

That’s why the law allows any person to self-train their own service dog. MLG’s founder, Celia McGuinness, is proud to have litigated the ground-breaking case which established that right as a matter of federal law. In 2021, the Ninth Circuit Court of Appeals ruled that under the Americans with Disabilities Act, a service dog is any dog that has been individually trained to do work or a task for a person with a disability, regardless of how they received that training. The ADA does not require “professional” training and it does not permit anyone to ask a service dog owner to show “certification” for their animal.

This ruling came after a hard-fought trial on behalf of our client, C.L., a person with Dissociative Identity Disorder and PTSD who had trained her bichon-poodle mix dog, Aspen, to perform eight different tasks that mitigate her disability. Nonetheless, Del Amo Psychiatric Hospital refused to allow Aspen to accompany her to the hospital. (One of Celia’s previous cases established that service animals generally are allowed in locked psychiatric wards. Tamara v. El Camino Hosp., 964 F. Supp. 2d 1077 (N.D. Cal. 2013).)

At trial, a service dog expert testified that Aspen was a fully trained service dog. The hospital did not dispute that she was fully trained. But the trial judge ruled that Aspen did not qualify to be a service animal because her status had not been “certified” by any organization.

The Ninth Circuit reversed the trial judge, stating, “a service animal within the meaning of the ADA must be individually trained to perform tasks related to an individual's disability, but the animal need not be formally certified. The test is a functional one: can the dog consistently help the person with a disability meet the challenges of life by assisting in the person's activities of daily living?” C. L. v. Del Amo Hosp., Inc., 992 F.3d 901, 911 (9th Cir. 2021). Therefore, you absolutely may train your own dog to become a service dog, so long as it is fully trained to perform some task that assists with your disability, and fully trained to behave in public.

Shout out to our fierce co-counsel in that case, Chris Knauf of Knauf Associates, The Bazelon Center for Mental Health Law, and Alexandra Robertson, formerly of Disability Rights Legal Center. The case is not over! Celia argued the second Ninth Circuit appeal in that case last March and we returned to the trial court for further proceedings this year.

Happy New Year, world! I am Celia McGuinness, founder of the McGuinness Law Group, PC.  McGuinness Law Group is grounded in our desire to ensure justice for people with disabilities.  Everyone at MLG is either a person with a disability or loves a person with a disability.  Our commitment is born out of our lived experience.

Though we fight in many arenas -- housing, education, employment, access to government and business services --   we represent only people with disabilities. We believe that disability rights are civil rights.  Every day at MLG we recommit to expanding the independence, freedom, and inclusion of the disabled community.

We know that people take different approaches to being “disabled.” Some people embrace the identity, making the disabled community their primary community.  My daughter, Sophia, was proud of her identity as a disabled person and moved mostly in disability circles.  Some people prefer not to identify as disabled at all.  My father, Michael, never thought of himself as disabled.  He was just a guy using a cane who wanted to go wherever he darn well pleased without barriers slowing him down.  We receive you as you wish to be seen, and we will work to remove whatever is in the way of you living your life to the fullest.

My own perspective is that “disability” is not innate.  It is a function of circumstances.  Disability is created when barriers are built into the community by those who haven’t planned, or are unwilling to recognize, the range of abilities that people have.  Every person has strengths and weaknesses, everyone.  Our world “accommodates” some needs (a calculator is always available for anyone whose brain isn’t wired for math, eyeglasses are universal) but ignores other needs. We are here to help dismantle the barriers that the world erects.  

Because our goal is to increase independence, we specialize in lawsuits that create change.  We do seek compensation for our clients, but often monetary compensation is not enough to right the wrong.  Therefore, we work to ensure that the defendant changes policies, fixes barriers, and is required to start doing the right thing now and in the future.  Because our clients are willing to stand up for their own rights, they change the world for others.

Here are some examples. Because of lawsuits brought by the people of MLG,

• A hotel chain is required to allow service dogs without charging a fee or limiting their owners to certain rooms.
• A large property manager is required to keep its residential elevators in good repair, and to temporarily rehouse its disabled tenants whenever the elevator is out of order for more than 24 hours.
• An internationally renowned university is required to provide note-takers for its students with learning disabilities and pay those note-takers a living wage.

Our clients in those cases received compensation for the past harm done to them, assuredly.  But they move forward knowing that because of them, the world is a more accessible place.  

Representing those clients and others like them with integrity and tenacity is our goal and the source of our pride.