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Little dog stuck in big fight

Capital Gazette Communications
Published 08/29/10

People don't see Kay Tunney's disability. It's nearly invisible. It's Mulligan Sue, the little white dog she takes everywhere, that makes her noticeable.

By Joshua Stewart — The Capital Mulligan Sue sits next to her owner, Kay Tunney, on Wednesday as members of the city’s Human Relations Commission hear her case about whether the dog can live with Tunney in a condominium complex as an emotional support animal.
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The dog is at the center of a dispute about what exceptions an Annapolis condominium complex with a no-pets rule must allow for those who use "emotional support animals" to help them overcome pain and psychological anguish.

Tunney said her dog is a type of service animal, and anti-discrimination laws give her the right to keep it wherever she lives.

But the lawyer representing the board of Severn House, the condo complex where Tunney once...

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Report Abuse or Vote In order to allow the user community the ability to collectively rank the value of comments posted on the Capital Gazette websites we have implemented a thumbs-up/down system. All logged-in users may participate by voting up/down each comment. If others vote on your comment, your individual score will go up/down depending on the votes. Initially, everyone starts with a score of zero, and must earn credits to have significant voting weight. Individuals with higher scores will have more voting weight.    0 2

ESA or PET - Ridiculous - 2010-09-03 14:22:38

Severn house is not saying that her dog is not an ESA, just that she hasn't provided proof of this. They are simply taking the proper steps to insure this prior to making accommodations. One important aspect that should not be overlooked in any ESA issue is the fact that she is being asked to prove this is an ESA prior to moving in, not after she already was living there. In other words, no one is saying she needs to get rid of her animal. Whether or not she was asked to provide letters was irrelevant. If she wanted an exception to an established rule, it is her responsibility to provide documentation (through the landlord, of course). It is not the responsibility of the Severn House to prove her disability for her. Of course Severn House's decision was quick. When the proof of disability/need is not provided, it is a no-brainer. Sure, pets provide emotional support to their owners. But, whether there is an overwhelming need for this support needs to be proven by Ms. Tunney. She can blame it on her potential landlord and her ignorance of the rules or inaction due to being easily confused. She can blame it on the condo board for doing it's duty in enforcing the rules to protect the other 210 owner's rights. She can blame it on her disability. But the only person really to blame is Ms. Tunney for her failure to provide substantiation. It is noble to stick up for your friend, but that doesn't change the issue that exceptions cannot be made based on mere claims and I'm sure that the Severn House would have reconsidered their denial had Ms. Tunney proven her assertions. As for you saying that Annapolis is a dog friendly town? That really doesn't give license for people to feel entitled to do whatever they want.

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Jeff Collins - Annapolis, MD - Karma: Good


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ESA or PET - 2010-09-03 10:34:27

I have known both owner and Mulligan Sue for many years. Kay is a kind, giving and thoughtful person and her dog, Mulligan is a very gentle, shy and quiet dog. One person commented how she terrorized neighbors and other pets. Perhaps they got her confused with the dog who was tied up, barked and tried to bite anyone who came close. I know Kay always carries and uses poo bags; I have seen her use them. How heinous; she is a good personand she has a great dog.

The only request Severn House made was a letter from medical practitioners regarding Mulligan Sue. I know she provided letters from physicians of her need for Mulligan; that is what makes her a dog an emotional support animal. Kay was never asked for letters from physicians to document her disability; it would have been easy for her to comply.

Doesnt it seem odd that all the communication was by e-mail, but the request for medical documentation was done over the phone after the denial? All the facts were not presented.

Severn House made a decision quickly; if they considered it closed, why would she want to go for another round? This is the Human Relations Commission, not a court of law! Annapolis is very dog-friendly.but obviously a lot of the residents are not!

"A pet is a domesticated animal kept for companionship or amusement." I believe cats are pets but it seems they are willing to look the other way. A pet is a pet, but she was asking to have her Emotional Support Animal! For the record, you may want to refer to the ADAs new definition of a service dog and Wikipedias def. of an ESA.

Kay and Mulligan Sue have every right to live where they want. Since Mulligan has the necessary letters, she comes under the Fair Housing Act guidelines since Kay is disabled. The Fair Housing Act makes it illegal for a landlord to discriminate against a person in housing; it includes denial of service or assistance animals in housing.

As to the boyfriend, he is the one who lost

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michael c - annapolis, md - Karma: Neutral


Report Abuse or Vote In order to allow the user community the ability to collectively rank the value of comments posted on the Capital Gazette websites we have implemented a thumbs-up/down system. All logged-in users may participate by voting up/down each comment. If others vote on your comment, your individual score will go up/down depending on the votes. Initially, everyone starts with a score of zero, and must earn credits to have significant voting weight. Individuals with higher scores will have more voting weight.    1 4

Are You Kidding Me? - 2010-08-31 21:42:42

Give me a break! This lady needs to get a life!

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Tim Copperbottom - Dunkirk, md - Karma: Neutral


Report Abuse or Vote In order to allow the user community the ability to collectively rank the value of comments posted on the Capital Gazette websites we have implemented a thumbs-up/down system. All logged-in users may participate by voting up/down each comment. If others vote on your comment, your individual score will go up/down depending on the votes. Initially, everyone starts with a score of zero, and must earn credits to have significant voting weight. Individuals with higher scores will have more voting weight.    1 4

David, Karen - 2010-08-31 12:36:06

David, I do see your point as this woman does have a history.

Karen, I am going to refrain from making the distasteful joke that maybe Mulligan should go have a romp at a Severn dog park frequented by a certain armed federal officer. *ducks and covers*

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William H - annapolis, md - Karma: Excellent


Report Abuse or Vote In order to allow the user community the ability to collectively rank the value of comments posted on the Capital Gazette websites we have implemented a thumbs-up/down system. All logged-in users may participate by voting up/down each comment. If others vote on your comment, your individual score will go up/down depending on the votes. Initially, everyone starts with a score of zero, and must earn credits to have significant voting weight. Individuals with higher scores will have more voting weight.    0 7

Former Neighbor - 2010-08-31 10:18:55

I laughed so hard when I saw this article, that I choked on my breakfast. I had the misfortune of being a neighbor of Kay and Mulligan in Eastport. That dog TERRORIZED the community. She was constantly off leash, she chased and barked at people walking, she pooped everywhere and it was never picked up, she snapped at other people's leashed dogs.

No amount of complaining to management was any help. One neighbor even had video of Mulligan wreaking her havoc!

Mulligan is no service animal. Residents of Severn House, and any other place Mulligan doesn't live, should consider themselves very lucky.

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Karen G - Annapolis, MD - Karma: Excellent


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Poopycock - 2010-08-31 08:26:22

William H. - It's not always about winning. Sometimes a win is simply a settlement. Let's hope this case doesn't get that far and people stand their ground.

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David Taylor - Annapolis, MD - Karma: Good


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Comment removed by HometownAnnapolis staff. - 2010-08-31 03:48:35

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Comment removed by HometownAnnapolis staff. - 2010-08-31 03:47:45

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Continued... - 2010-08-31 03:45:22

(3) The Fair Housing Act does require no-pets housing to make allowances for Emotional Support Animals for mentally/emotionally disabled individuals. A doctor's letter can be required to prove that the person qualifies.

(4) A doctor's letter is not required for a service dog nor does any doctor's letter turn any dog into a service dog, as doctors as not qualified to rate a dog's training. They are only qualified to comment on the person's health/disability status.

(5) The only other federal law (besides housing) that covers Emotional Support Animals is the Air Carrier Access Act, which gives mentally disabled people the right to bring their Emotional Support Animals in the cabins of airplanes - the airline can require a letter that is less than one year old and contains certain things (states that the person has a mental disability listed in the DSM-IV, is on doctor's letterhead, etc.) as well as advanced notice of the dog being on the flight.

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J M - , - Karma: Neutral


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The Real Laws - 2010-08-31 03:43:27

As a service dog user, I'm very familiar with the federal laws regarding people with disabilities with service dogs, emotional support dogs, and pets. Here are the facts:

(1) Emotional support dogs are NOT service dogs. A dog has to be trained to do something specific that directly mitigates the person's disability, such as guide a blind person, provide balance for a mobility-impaired person, alert to the onset of disabling medical episodes such as seizures, etc. A service dog is, legally, a medical device. An Emotional Support Dog is a pet owned by a mentally/emotionally disabled person whose doctor recommended they get themselves a dog. Emotional Support Dogs do not need any training beyond basic dog obedience (sit, stay, come, walk on a leash, etc.).

(2) The ADA doesn't cover housing (only public places such as restaurants, stores, hotels, buses, etc.). Nor does it cover Emotional Support Animals. Therefore, it has nothing to do with this case. (And, if this lady is bringing her dog into stores, restaurants, etc. where pets aren't allowed, she is breaking the law. Only trained service dogs are allowed in such places.)

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J M - , - Karma: Neutral


Report Abuse or Vote In order to allow the user community the ability to collectively rank the value of comments posted on the Capital Gazette websites we have implemented a thumbs-up/down system. All logged-in users may participate by voting up/down each comment. If others vote on your comment, your individual score will go up/down depending on the votes. Initially, everyone starts with a score of zero, and must earn credits to have significant voting weight. Individuals with higher scores will have more voting weight.    0 7

Poppycock. - 2010-08-30 17:14:14

Lets quote her, shall we?

"' as ridiculous as it is to people who aren't pet lovers."

She is a pet lover. Who wants to live with her pet. The HOA sez na-ah. She throws a temper tantrum and gets her trusty lawyer. He gets a lot of her money, they lose the case, he cashes her check, and she is still homeless and single. Depressing, really, but she brought this on herself.

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William H - annapolis, md - Karma: Excellent


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The victim? - 2010-08-30 15:35:59

A quick judiciary case search reveals that this individual and her attorney are no strangers to legal action with management companies. I think it may be worth the Capital's time to research their history.
In the interim, I hope this condo board/management company holds their ground as I see that they have done nothing wrong and have gone out of their way by requesting proof to substantiate the claim of disability/need.

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David Taylor - Annapolis, MD - Karma: Good


Report Abuse or Vote In order to allow the user community the ability to collectively rank the value of comments posted on the Capital Gazette websites we have implemented a thumbs-up/down system. All logged-in users may participate by voting up/down each comment. If others vote on your comment, your individual score will go up/down depending on the votes. Initially, everyone starts with a score of zero, and must earn credits to have significant voting weight. Individuals with higher scores will have more voting weight.    2 7

support animal? - 2010-08-30 11:24:06

Based on this woman's justifications, all pets are support animals. Yes, 'animals' are companions but that does not make them medically necessary.

On the other hand, I have a cheetah that I find medically necessary - it keeps me from getting sick in the winter when its wrapped around me!

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laura elion - annapolis, MD - Karma: Excellent


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one final thought - 2010-08-30 09:42:17

I notice that the dog is 12 years old and has to be nearing the end of it's dog life. What will this woman do then when Mulligan Sue goes on to greener pastures? Will this woman then have to be committed? If this dog is her coping solution she has a world of problems coming.

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sidney janoski - edgewater, md - Karma: Good


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David, - 2010-08-30 09:37:31

On the contrary, I am never surprised when someone finds a lawyer for something like this. If there is a paycheck attached, you will always find a lawyer. But what is in the water these days that people always have to sue when they do not get their way? Can't a simple "hey, it's against the rules" ever be sufficient? Guess not.

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sidney janoski - edgewater, md - Karma: Good


Report Abuse or Vote In order to allow the user community the ability to collectively rank the value of comments posted on the Capital Gazette websites we have implemented a thumbs-up/down system. All logged-in users may participate by voting up/down each comment. If others vote on your comment, your individual score will go up/down depending on the votes. Initially, everyone starts with a score of zero, and must earn credits to have significant voting weight. Individuals with higher scores will have more voting weight.    0 8

It's all about me - 2010-08-30 08:43:15

Excellent points. Dogs can provide emotional support, but proving medical necessity proof is the responsibility of the owner. It appears as if the condo board is doing their job and administering the rules/covenants that all owners of the condominiums agreed to when purchasing their units. In addition, it appears that the condo board took this a step further in requesting documentation to support this claim of disability/need. If the landlord gave Ms. Tunny false information it is the landlord's fault, and if Ms. Tunny has any claim, it would be against him/her. Speaking of landlord, the landlord probably should have been making these requests to the board on behalf of the tenant. I'm really surprised that Ms. Tunny was able to find a lawyer to pursue this ridiculous case.

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David Taylor - Annapolis, MD - Karma: Good


Report Abuse or Vote In order to allow the user community the ability to collectively rank the value of comments posted on the Capital Gazette websites we have implemented a thumbs-up/down system. All logged-in users may participate by voting up/down each comment. If others vote on your comment, your individual score will go up/down depending on the votes. Initially, everyone starts with a score of zero, and must earn credits to have significant voting weight. Individuals with higher scores will have more voting weight.    6 3

Compassion - 2010-08-29 18:51:03

Some things are in short supply in this world. This question needs a little more of that rare commodity before dismissing it.

The story does not sound like one of discrimination on its face, but of confusion and poor communications, possibly complicated due to the presence of a third party in the middle: the "landlord."

Tunney herself says that Connor is easily confused. Perhaps Tunney is as well. Connor admits to either misconstruing or not passing along the board's request for more information. Tunney says everyone including the government validates her disability, but she apparently didn't provide Severn House any proof of that, much less, information on how the dog helped her.

Tunney simply did not provide the necessary medical documentation to support Severn House making an exception to their policy.

Whether the connection can be made or not with any medical validity, Tunney can't circumvent the fact that she didn't adequately document her need, and THEN turn around and blame the Severn House for their decision stemming from her very failure to provide them with the complete information supporting why she should be allowed to keep her companion animal.

You also have to think there is an appeals process in place for current and prospective tenants before taking it to the HRC. Was this ever investigated as an option?

I would hope that Severn House might extend Tunney one more opportunity to provide proof that the animal qualifies as a medically necessary or recommended service dog.

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Raejean French - Severn, MD - Karma: Excellent


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boo hoo - 2010-08-29 18:43:57

Another example of the worthlessness of the ADA act. Boyfriend should have left a looong time ago.

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Harry Homeowner - Severna Park, MD - Karma: Neutral


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A Very Simple Test... - 2010-08-29 18:18:08

Is this dog a certified Psychiatric Service Dog, as decreed by a physician's or psychiatrist's written authorization? That's the litmus test that establishes a Service Dog's legitimacy. No note - no dog.

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Mark Smith - Annapolis, MD - Karma: Excellent


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Hire a professional. - 2010-08-29 10:28:19

Hey, maybe the condo association should hire Keith Sheppard the deal with their animal issues. I'm sure that'll prevent any more problems in the future.

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Ben Dover - Annapolis, MD - Karma: Neutral


Report Abuse or Vote In order to allow the user community the ability to collectively rank the value of comments posted on the Capital Gazette websites we have implemented a thumbs-up/down system. All logged-in users may participate by voting up/down each comment. If others vote on your comment, your individual score will go up/down depending on the votes. Initially, everyone starts with a score of zero, and must earn credits to have significant voting weight. Individuals with higher scores will have more voting weight.    2 14

Another example - 2010-08-29 07:06:53

of someone not getting their way and then bringing a lawsuit. Look, they don't allow pets...you have one....get over it and move to a place that does. No wonder her boyfriend left her, he was embarrassed.

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sidney janoski - edgewater, md - Karma: Good

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