Man evicted because emotional support dog is a pit bull

[gooeydog]

Judge rejects S.F. man's defense of emotional support

Ever since Guy Lowe rescued Sophie from the pound where she was about to be euthanized, the dog has been the balm of his life. She gets him out of his San Francisco apartment, takes him to the park each day and helps him fend off depression from his diagnosis of AIDS.

One other detail: Sophie is a pit bull. That was enough for a federal judge to grant the landlords' request to move her out.

"It was unreasonable to have selected a pit bull rather than a dog of gentler reputation" as a companion dog, U.S. District Judge William Alsup said Wednesday. He cited expert testimony that pit bulls killed or injured more people in the United States than any other breed except rottweilers.

Lowe said Thursday the judge had bought into stereotypes.

"Look at the history of the pit bull," he said. "They are the most adoring dogs to humans if they're raised right."

Lowe, 38, brought Sophie to his Hayes Street apartment from a pound in Pinole in November after getting a letter from his doctor saying an "emotional support animal" would ease his depression. He said she was the only suitable dog there.

Some courts, and California's Fair Employment and Housing Commission, have ruled that a severely depressed person is entitled to a companion animal as an accommodation for disability, even in an apartment such as Lowe's with a no- pets lease.

Lowe said Sophie, about 19 months old, gave him "unconditional love," socialized daily with people and other animals and had never behaved aggressively.

The landlords learned about the pit bull in December and sent Lowe an eviction notice, but they later agreed to await court proceedings. In March, they offered to allow a less-menacing breed -- such as a cocker spaniel, poodle or beagle -- but Lowe said he needed Sophie.

In court, Lowe offered testimony by a veterinary expert who said Sophie was the safest dog of 10,000 he had tested. The president of Bay Area Doglovers Responsible About Pitbulls, or BADRAP, which evaluates and recommends placements for pit bulls at the Berkeley city shelter, took Sophie into her home for 48 hours of testing and gave her a thumbs-up.

Lowe "couldn't have chosen a more stable pet," the BADRAP leader, Donna Reynolds, said Thursday.

"It's only guesswork," retorted the landlords' attorney, Saul Ferster. He said Lowe could have avoided the problem if he had approached the landlords before getting his dog.

In his ruling, Alsup said the landlords had satisfied any obligation to Lowe under disability laws by offering to accept other types of dogs. He also noted that state law required landlords to protect tenants from dangerous dogs and said there was no evidence that the witnesses' predictions of safety were reliable.

"The potentially catastrophic consequences of a pit bull attack must be considered, even if the risk of that attack is remote," the judge said.

Alsup ordered Lowe to move Sophie out by Sept. 9. Lowe said he'll instead look for new quarters for himself and his dog while hoping for a reprieve from an appellate court.

E-mail Bob Egelko at begelko@sfchronicle.com

[Aroura]

Sad world isn't it?
A dog of a more 'gentle' breed has the potential to attack, if that had have happend what would the authorities say then?

[Guest Anonymous]

huh, I have been chased by more cockers then I have by pitts! What a fruit, you get attatched to this dog, but you can't have it, go get another one! I would think that loosing your best "fuzzy" friend would be even more depressing... this guy sounds like he doesn't need that! And what exactly did he mean by "a more stable breed/dog?" Anybody ever met a normal cocker, poodle, or beagle? Beagles are cute and puppyish, that just hides the "killer" underneath! :lol: (just kidding guys, but that's how I feel when people say such terrible things about a dog they don't know. Steriotyps!!!! :evil: )

[gooeydog]

The saddest part about it is that the dog has done nothing wrong, it didn't bite anyone, it doesn't run loose terrorizing other dogs and people. It has been temperment tested by someone knowlegable in the breed, and found to be of great temperment (for any dog). Yet because it is a "dangerous breed", both the dog and the owner may loose their home.

[GizmoRedNosePit]

"Dangerouse Dog", I personally would be scared of a poodle more then a pitbull. Pitbulls great you and I'm not really sure what a poodle does, as that I have never come home to one, but! :roll: :wink: You all know where I'm getting, They all dont care for our breed and I'm having the horrible feeling that the bad rap will ALLWAYS be on pitbull/bully breeds.....It worries me ALOT.....What would I do if that happened with Gizmo.........I would move out no matter what, I will never give up my baby.... :x :x :x :x :x