Third Circuit’s support-animal ruling generates criticism

Last week I posted about a Third Circuit ruling in Revock v. Cowpet Bay West reviving Fair Housing Act claims by a Virgin Islands emotional-support-dog owner against neighbors who posted online opposing her attempt to live with the animal despite their condominium’s no-pets rule. I wrote:

I’m mighty skeptical that private citizens should be subject to FHA liability for saying mean things online about emotional-support-animal-owning neighbors. I think it’s not unlikely that private citizens will say mean things about today’s opinion.

As predicted, Revock has drawn fire, mainly from conservative commentators. So far I’ve seen this one by Hans Bader on the Competitive Enterprise Institute blog (“menaces free speech,” “[a]larmingly,” “extremely expansive”), this one by Walter Olson on the Cato Institute’s Overlawyered blog, this one by Scott Greenfield on his Simple Justice blog, and this one by Eric Goldman on the Technology & Marketing Law blog, two of which were linked by Howard Bashman on How Appealing. William Goren also discussed the case on his Understanding the ADA blog, and Eugene Volokh flagged it in his latest Short Circuit roundup post on Volokh Conspiracy. So Revock has gotten a lot more attention — and a lot more criticism — than most Third Circuit published opinions.

No petition for rehearing has been filed in the case yet. Given that counsel for the neighbors apparently didn’t challenge whether the support-dog owner had a qualifying handicap and didn’t raise any free speech defense, it’s far from certain one will be.

 

 

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