Nevada Court Rules Non-Disabled Spouse Could Make Claims for Damages Under ADA

Nevada District Court decision (March 21, 2014).

Plaintiffs, a husband and wife who were denied access to their community clubhouse because they had their pet dog that they contended was a service animal assisting the disabled wife, sued their homeowners association and its attorneys in a complaint that alleged 102 causes of action for “discrimination against the disabled, breach of contract and other torts.” The claims that were based on torts included claims under Federal Americans with Disabilities Act (“ADA”) and the Fair Housing Act (“FHA”). The defendants sought to dismiss the husband’s claims on the basis that he did not did have standing to bring claims under the ADA and the FHA.