Technicality keeps mastiff in condos

TAMPA -- For now, Dude, the 107-pound mastiff, can stay.

But it's not because his owner, Dwayne Gillispie, who uses Dude as a service dog, won his discrimination lawsuit against the Marina Club of Tampa homeowner's association.

It's because the two sides are in a stalemate.

Last year, the homeowners association board of the gated condominiums in West Tampa filed an injunction to have Gillispie removed from the property. One point listed: Dude's weight exceeds the association's 25-pound limit.

Gillispie, a maintenance worker who was then acting as his own lawyer, countersued in state court, listing several alleged violations by the association. None of the allegations had to do with his epilepsy or Dude's role as a service dog.

It wasn't until several months later, when Gillispie withdrew the state suit and refiled in federal court, that he claimed discrimination. He said he was protected under the Americans with Disabilities Act.

"That was the first time he brought up the claim that he was epileptic and the dog was a service dog," said Dennis Pimm, a board member for Marina Club.

Last week, U.S. District Judge James D. Whittemore dismissed Gillispie's suit, saying Gillispie didn't tell Marina Club of his disability until after he sued.

The judge cited the federal Fair Housing Act, which states that a disabled person must report to the housing authority that he is being discriminated against before suing. This gives the landlord a chance to remedy the situation before legal action.

"In other words, a landlord must know of a disability in order to be required to accommodate it," the judge wrote.

Gillispie could not be reached for comment Wednesday. His attorney, Richard La Belle, said they are deciding whether to appeal or amend the complaint. He said the judge's ruling is not a win or loss, just a technical issue.

"Hopefully, we will be able to resolve this with the homeowner's association shortly," La Belle said.

Pimm said the association does not plan to pursue further legal action against Gillispie -- including the original ejection.

He said that could change, though any future action won't involve Dude -- unless the dog bites someone.

Previous coverage:

A canine controversy: Must Dude, owner both go?, Sept. 25, 2002

Letters: Service dog for epileptic is no nuisance, Sept. 27, 2002

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