In 1990, Congress enacted the Americans with Disabilities Act ("ADA") to eliminate the discrimination that persons with disabilities faced in essential facets of everyday life. 42 U.S.C. § 12101. Title III of the ADA prohibits discrimination in "places of public accommodations," including hospitals. Id. §§ 12181– 12182. Plaintiff-Appellant C.L. ("C.L."), who survived years of abuse at the hands of her family and a romantic partner, has been diagnosed with post-traumatic stress disorder ("PTSD"), dissociative identity disorder ("DID"), anxiety, and depression. As a result of these conditions, C.L. experiences hypervigilance, PTSD-related nightmares and flashbacks, severe anxiety in public spaces and while bathing, and has difficulty remaining focused and engaged in daily tasks. To mitigate the symptoms of her disability, C.L. obtained Aspen, a 16-pound bichon-poodle mix, intending Aspen to be her service dog. Because enrolling in a full training course to provide Aspen with formal certification was not a viable option for C.L., she began self-training Aspen to perform specific tasks she thought would ameliorate her disability and decrease her isolation.
Before and after obtaining Aspen, C.L. sought inpatient treatment at Defendant-Appellee Del Amo Hospital's ("Del Amo") National Treatment Center. When C.L. asked the Center if she could bring Aspen with her as her service dog, Del Amo denied Aspen admission, concluding that the dog's presence would interfere with C.L.'s therapy. In the underlying suit, C.L. challenged Del Amo's practice of denying admission to Aspen as a violation of Title III of the ADA and California's Unruh Civil Rights Act. C.L. is undisputedly a person with a disability, and Del Amo is a C. L. V. DEL AMO HOSPITAL 5 place of public accommodation. After a bench trial, the district court determined that Aspen does not qualify as a service dog under the ADA. In this appeal, C.L. challenges the district court's judgment in favor of Del Amo. We have jurisdiction under 28 U.S.C. § 1291, and we vacate and remand.
We hold that the district court erred by effectively imposing a certification requirement for C.L.'s dog to be qualified as a service animal under the ADA. We vacate and remand for the district court to reconsider whether Aspen was a qualified service dog at the time of trial, and if Aspen is a service dog, whether Del Amo has proved its affirmative defense of fundamental alteration.
Before and after obtaining Aspen, C.L. sought inpatient treatment at Defendant-Appellee Del Amo Hospital's ("Del Amo") National Treatment Center. When C.L. asked the Center if she could bring Aspen with her as her service dog, Del Amo denied Aspen admission, concluding that the dog's presence would interfere with C.L.'s therapy. In the underlying suit, C.L. challenged Del Amo's practice of denying admission to Aspen as a violation of Title III of the ADA and California's Unruh Civil Rights Act. C.L. is undisputedly a person with a disability, and Del Amo is a C. L. V. DEL AMO HOSPITAL 5 place of public accommodation. After a bench trial, the district court determined that Aspen does not qualify as a service dog under the ADA. In this appeal, C.L. challenges the district court's judgment in favor of Del Amo. We have jurisdiction under 28 U.S.C. § 1291, and we vacate and remand.
We hold that the district court erred by effectively imposing a certification requirement for C.L.'s dog to be qualified as a service animal under the ADA. We vacate and remand for the district court to reconsider whether Aspen was a qualified service dog at the time of trial, and if Aspen is a service dog, whether Del Amo has proved its affirmative defense of fundamental alteration.
