Cordoves v. Miami-Dade County

104 F. Supp. 3d 1350, 2015 U.S. Dist. LEXIS 63067, 2015 WL 2258457
CourtDistrict Court, S.D. Florida
DecidedMarch 2, 2015
DocketCase No. 14-20114-CIV
StatusPublished
Cited by16 cases

This text of 104 F. Supp. 3d 1350 (Cordoves v. Miami-Dade County) is published on Counsel Stack Legal Research, covering District Court, S.D. Florida primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook
Cordoves v. Miami-Dade County, 104 F. Supp. 3d 1350, 2015 U.S. Dist. LEXIS 63067, 2015 WL 2258457 (S.D. Fla. 2015).

Opinion

ORDER

CECILIA M. ALTONAGA, District Judge.

THIS CAUSE came befo.re the Court on Defendants, Mydatt Services, Inc. d/b/a Valor Security Services (“Valor”), and SDG Dadeland Associates, Inc. d/b/a Dadeland Mall’s (“Dadeland Mall[’s]”) (collectively, “DefendantsL’]”) Amended Motion ... to Exclude Testimony of Louis Androuin (“Motion”) [ECF No. 89], filed December 9, 2014. In the Motion, Defendants seek to exclude the testimony of Louis Androuin (“Androuin”), a purported expert proffered by Plaintiff, Gladys Cor-doves (“Cordoves”). The Court has carefully reviewed the Motion; Cordoves’s Response ... (“Response”) [ECF No. 102], filed January 7, 2015; Defendants’ Reply .... (“Reply”) [ECF No., 108], filed January 14, 2015; the record; and applicable law.

I. BACKGROUND

This case arises out of an incident at the Dadeland Mall on November 14, 2010, during which Cordoves had a confrontation with security personnel that ended with her arrest. {See Resp. 2-3). The incident was precipitated by the presence of Shiloh, a small dog Cordoves had been toting in a stroller while shopping in the mall with her mother and daughter. {See id. 2). According to Cordoves, a security guard asked her to leave because dogs are not allowed in the mall. {See id.). Cordoves told the guard Shiloh was a service animal, but the situation grew increasingly confrontational, and ultimately Cordoves was arrested and escorted off the premises. {See id. 2-3).

Cordoves claims, among other things, she was discriminated against in violation of Title III of the Americans with Disabilities Act (“ADA”), 42 U.S.C. section 12181 et seq., which she argues required Dade-land Mall to .accommodate her disability by permitting the presence, of Shiloh,. which she asserts is a service dog. {See Third ■Amended Complaint [ECF No. 52] ¶¶ 59-79). Cordoves also claims Defendants are liable for negligence in connection with the actions .of Alex Caminero (“Caminero”), one of the security guards involved in the incident. {See id. ¶¶ 80-88, 94-101). De-' fendants interpret these claims to be premised on the theory Defendants failed to adequately train Caminero with respect to the ADA regulations governing interaction with service animals. {See Mot. 3 & n. 4). ■ '

Title III of the ADA prohibits discrimination, against individuals with disabilities in places of public accommodation, such as malls. See 42 U.S.C. §§ 12181(7)(E), 12182(a). To implement this generic prohibition, Congress delegated authority to the Attorney General to promulgate regulations setting more specific standards of compliance with the ADA. See id. § 12186(b), Given the important rple played by service animals to individuals who need them, the regulations require places of public accommodation allow “[i]n-dividuals with disabilities ... to be accompanied by their service animals in all areas ... wheré members of the public, program participants, clients, customers, patrons, or invitees, as relevant, are allowed to go.” 28 C.F.R. § 36.302(c)(7) (alterations added). A “service animal” is defined as “any dog that is individually trained to do work or perform tasks for the benefit of an individual with a disability.” 28 C.F.R. § 36.104. The work or tasks performed by the dog “must be directly related to the individual’s • disability,” but “the provision of emotional support, well-being, comfort, [1356]*1356or compánionship do[es] not constitute work or tasks, for the purposes of this definition.” Id. (alteration added).

While the regulations implementing the ADA provide a narrow definition of “service animal,” places of public accommodation are nevertheless not permitted to conduct such a scrutinizing inquiry. The regulations instead provide places of public accommodation a limited inquiry to ascertain whether an individual has the right to be accompanied by an animal claimed to be a service animal:

A public accommodation shall not ask about the nature or extent of a person’s disability, but may make two inquiries to determine whether an animal qualifies as' a service animal. . A public accommodation may ask [ (1) ] if the animal is required because of a disability and [ (2) ] what work or task the animal has been trained to perform. ' A public accommodation shall not require documentation, such as proof that the animal has been certified, trained, or licensed as a service' animal. Generally, a public accommodation may not make these inquiries about a service animal when it is readily apparent that an animal is trained to do work or perform tasks for an individual with a disability (e.g., the dog is observed guiding an individual who is blind or has low vision, pulling a person’s wheelchair, or providing assistance with stability or balance to an individual with an observable mobility disability).

28 C.F.R. § 36.302(c)(6) (alterations added). A public accommodation engaging in this limited inquiry does not ascertain, as a matter of law, whether a dog in question is a service animal. See Sheely v. MRI Radiology Network, P.A., 505 F.3d 1173, 1185 n. 11 (11th Cir.2007) (explaining “the ADA prohibits public accommodations from requiring proof that an animal is a service animal”). The regulation thus protects individuals with disabilities from possibly unwanted questioning.

It is an entirely different matter, however, when a Court is faced with an ADA claim hinging on whether a dog is a service animal. In such a case, the Court must determine whether the dog is a “service animal” under the definition provided by 28 C.F.R. section 36.104, because if the dog is not a service animal, then the discrimination claim fails. See, e.g., Davis v. Ma, 848 F.Supp.2d 1105, 1114-16 (C.D.Cal.2012); Miller v. Ladd, No. CV-68-05595NJV; 2010 WL 2867808, at *4-5 (N.D.Cal. July 20, 2010); Vaughn v. Rent-A-Center, Inc., No. 2:06-CV-1027, 2009 WL 723166, at *10-11 (S.D.Ohio Mar. 16, 2009). To this end (and also with respect to her negligence claims), Cordoves submits the Declaration of Louis F. Androuin, her ADA Expert Consultant (“Declaration”) [ECF No. 89-2], regarding: (1) Shiloh’s status as a service animal, (2) the ADA regulatory scheme governing interaction with individuals accompanied by service animals, and (3) the adequacy of the training of the personnel involved in the incident with respect to service-animal compliance. (See generally Deck). Androuin was deposed once on November 6, 2014 (“November 6 Deposition”) [ECF No. 89-3], and again on November 13, 2014 (“November 13 Deposition”) [ECF No. 89-5]. In their Motion, Defendants argue under Federal Rule of Evidence 702 (“Rule 702”), Androuin’s testimony is inadmissible in its entirety. (See generally Mot.).

II. LEGAL STANDARD

Rule 702, which governs expert testimony, states as follows:

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Bluebook (online)
104 F. Supp. 3d 1350, 2015 U.S. Dist. LEXIS 63067, 2015 WL 2258457, Counsel Stack Legal Research, https://law.counselstack.com/opinion/cordoves-v-miami-dade-county-flsd-2015.