A girl and her dog, Wonder, are one step closer to victory in their lawsuit against her former school.
The U.S. Supreme Court said Wednesday 13-year-old Ehlena Fry can move forward with a lawsuit her family filed when officials would not let her use her goldendoodle as an aid during school.
Fry has cerebral palsy and has had Wonder since kindergarten.
When her family filed the lawsuit, the school argued Fry would have to go through an administrative process first.
American Civil Liberties Union of Michigan represented Fry. Legal director Michael Steinberg said the next step is taking the case to the U.S. Court of Appeals.
Steinberg said they’ll need to demonstrate that Fry needed the dog so she could be independent at school.
“She needed the service dog to enhance her independence,” he said. “It helped her do things like transfer from her walker to a chair, or to the toilet, it helped pick up dropped pencils, and provide balance for her.”
Attorneys for the school say Fry should not be able to sidestep the administrative process and go straight to court.
The Supreme Court says the school policy preventing Wonder from helping Fry might violate federal disability protection laws. If it does, Fry can go straight to court and not deal with the administrative process.
Steinberg said, “This was truly a victory for individuals with disabilities and I couldn’t be happier.”
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