Young boy with autism playing in bed with golden doodle service dog

DREDF Files Lawsuit on Behalf of Minor Denied Access to Hospital Emergency Department with Service Dog

FOR IMMEDIATE RELEASE:
October 9, 2024

CONTACTS:
Tina Pinedo, DREDF Communications Director, media@dredf.org

BERKELEY, CA – On September 17, 2024, the Disability Rights Education and Defense Fund (DREDF) filed a lawsuit on behalf of L.R., a minor with autism, against Temecula Valley Hospital. The lawsuit alleges that the hospital discriminated against L.R. when it denied him access to their emergency department while he was accompanied by his service dog. L.R.’s mother was forced to call a friend to pick up the service dog in order for L.R. to receive medical care.

Generally, under federal anti-discrimination laws like the Americans with Disabilities Act, a hospital must allow a disabled patient or visitor who uses a service dog access to all areas in the facility where members of the public and patients are allowed to go, including emergency departments, inpatient rooms, clinics, examination rooms, pharmacies, restrooms, and cafeterias. Reasons for restricting access are limited to situations where the dog is out of control and the animal’s handler does not take effective action to control it, the dog is not housebroken, or the dog would create a direct threat to others or fundamentally alter the nature of the facility’s services. None of these circumstances existed in L.R.’s case.

“People with disabilities have less access to health care because of discriminatory policies like the one L.R. faced at Temecula Valley Hospital,” said DREDF Deputy Director Michelle Uzeta. “In order to achieve health equity, we need to address the discriminatory attitudes and behaviors that are so common among medical providers.”

The lawsuit seeks relief including policy changes, training of employees, the posting of signage welcoming service dogs, and damages.  The case is L.R. v. Temecula Valley Hospital, Inc., Case No.: 5:24-cv-01993-KK-DTB.

Read the full complaint (PDF)

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Disability Rights Education and Defense Fund, founded in 1979, is a leading national civil rights law and policy center directed by individuals with disabilities and parents who have children with disabilities. DREDF’s mission is to advance the civil and human rights of people with disabilities through legal advocacy, training, education and public policy and legislative development. For more information, visit dredf.org.