Supreme Court Victory for Five-Year-Old's Right to Bring Service Dog to School

  • Status: Landmark case
  • Latest Update: Jan 23, 2020
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Summary

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In a sweeping decision that should tear down barriers to justice for students with disabilities across the country, the ACLU of Michigan won a unanimous victory in the U.S. Supreme Court on behalf of Ehlena Fry, a young girl with cerebral palsy who was barred from bringing her service dog to school. Because of her disability, Ehlena needs assistance with many of her daily tasks. Thanks in part to the contributions of parents at Ehlena’s elementary school, Ehlena’s family raised $13,000 to acquire a trained, hypoallergenic service dog named Wonder.

Wonder performed several tasks for Ehlena, assisted her with balance and mobility, and facilitated her independence. Nonetheless, her school district refused to allow Wonder in the school. In 2012 we filed a federal lawsuit. Judge Lawrence Zatkoff dismissed the case, reasoning that the Frys could not bring a lawsuit because they did not first exhaust administrative remedies, and in 2015 the Sixth Circuit affirmed. The Supreme Court agreed to hear our appeal, and in 2017 the Supreme Court reversed, ruling 8-0 in favor of Ehlena. The case was then remanded to the trial court for further proceedings.

Judge Sean Cox denied both parties’ motions for summary judgment and referred the case to mediation. The case settled in November 2019.

(Fry v. Napoleon Community Schools; Cooperating Attorney Samuel Bagenstos of U-M Law School; ACLU of Michigan Attorney Michael J. Steinberg; National ACLU Attorneys Susan Mizner and Claudia Center; Cooperating Attorneys Peter Kellett, James Hermon, Jill Wheaton, Ryan VanOver and Brandon Blazo of Dykema, and Gayle Rosen and Denise Heberle.)

Read additional background on Ehlena Fry's case here.

News & Commentary

Oct 14, 2015

ACLU to Supreme Court: Fulfill the Promise of the Americans with Disabilities Act

Twenty-five years ago, President George H. W. Bush signed the Americans with Disabilities Act, a landmark civil rights law designed to guarantee Americans with disabilities broad rights and freedoms. Tragically, however, stubborn stereotypes, combined with narrow court rulings, have robbed many Americans of the rights promised by the ADA.Today, the ACLU of Michigan and the National ACLU asked the U.S. Supreme Court to hear a case that would tear down court-imposed barriers that prevent people with disability from realizing freedoms promised by the ADA.Our client is Ehlena Fry, a bright girl with cerebral palsy. Her school barred her from bringing her service dog with her to kindergarten even though the dog was critical to establishing her independence. Before she had a service dog, Ehlena depended on her parents and aides to do even simple tasks for her such as opening doors, turning on lights and maintaining balance.However, when Ehlena was five years old, generous contributions from neighbors allowed the Frys to add a new member to their family to help their daughter do these and other tasks: a cute, doctor-prescribed, mobility assistance Goldendoodle named Wonder.Much to Ehlena’s dismay, the school officials at the Napoleon School District refused to accommodate Ehlena and allow Wonder to accompany her to school. When the ACLU intervened, the school allowed Wonder in the school on a temporary basis, but the dog was relegated to the back of the classroom and could not even accompany Ehlena to recess. The Frys filed a complaint with the Office of Civil Rights (OCR) of the U.S. Department of Education and decided to homeschool their child while they waited for a ruling.Two years later, OCR issued a strong ruling rebuking the school district for violating Ehlena’s rights under the ADA. To settle the matter, the school district reluctantly agreed to allow Wonder to come back to school. But when the Frys met with school officials to make arrangements, they realized that the administrators resented Ehlena and that, if she returned, she would face hostility.The Frys placed Ehlena in a public school in a neighboring district, where both she and Wonder were welcomed with open arms. With the help of the ACLU, the family then filed

By Michael J. Steinberg

Ehlena Fry and her service dog Wonder

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News & Commentary
Oct 14, 2015
Ehlena Fry and her service dog Wonder
  • Student Rights|
  • +1 Issue

ACLU to Supreme Court: Fulfill the Promise of the Americans with Disabilities Act

Twenty-five years ago, President George H. W. Bush signed the Americans with Disabilities Act, a landmark civil rights law designed to guarantee Americans with disabilities broad rights and freedoms. Tragically, however, stubborn stereotypes, combined with narrow court rulings, have robbed many Americans of the rights promised by the ADA.Today, the ACLU of Michigan and the National ACLU asked the U.S. Supreme Court to hear a case that would tear down court-imposed barriers that prevent people with disability from realizing freedoms promised by the ADA.Our client is Ehlena Fry, a bright girl with cerebral palsy. Her school barred her from bringing her service dog with her to kindergarten even though the dog was critical to establishing her independence. Before she had a service dog, Ehlena depended on her parents and aides to do even simple tasks for her such as opening doors, turning on lights and maintaining balance.However, when Ehlena was five years old, generous contributions from neighbors allowed the Frys to add a new member to their family to help their daughter do these and other tasks: a cute, doctor-prescribed, mobility assistance Goldendoodle named Wonder.Much to Ehlena’s dismay, the school officials at the Napoleon School District refused to accommodate Ehlena and allow Wonder to accompany her to school. When the ACLU intervened, the school allowed Wonder in the school on a temporary basis, but the dog was relegated to the back of the classroom and could not even accompany Ehlena to recess. The Frys filed a complaint with the Office of Civil Rights (OCR) of the U.S. Department of Education and decided to homeschool their child while they waited for a ruling.Two years later, OCR issued a strong ruling rebuking the school district for violating Ehlena’s rights under the ADA. To settle the matter, the school district reluctantly agreed to allow Wonder to come back to school. But when the Frys met with school officials to make arrangements, they realized that the administrators resented Ehlena and that, if she returned, she would face hostility.The Frys placed Ehlena in a public school in a neighboring district, where both she and Wonder were welcomed with open arms. With the help of the ACLU, the family then filed