So Estelle Stamm, 65, is suing for $10 million, saying she’s protected under the Americans with Disabilities Act because the animal protects her from panic attacks and other mental symptoms as well as assisting her with her poor hearing. The city denies she’s disabled at all and cites online postings in which Stamm said the dog has “tremendous killing power” and asserted: “Livestock guard dogs in the subways is a wonderful sight to behold. The seas of people part before us.” Stamm, a former ad agency manager, says being questioned about her disability while using transit has itself caused stress reactions. [NY Daily News via Obscure Store; more coverage of service animals litigation]
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Big link in this chain seems to be missing, as there is no cause of action for damages under the ADA.
No, but many state and local laws piggyback on the ADA and do provide damages. It’s now conventional, if confusing, just to call everything ADA for short even when it’s a state or local law being relied on.
I don’t suppose loser pays legal fees and court costs in NY?
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