This ruling was a victory for the family, and all families with children who have autism, because it affirms that Caleb's service dog, Eddy, is a service animal under the ADA. Diagnosed when he was two-years-old, Caleb's autism is severe. He is non-verbal, has a low cognitive ability, and difficulty interacting with others. His service dog Eddy, a Golden Retriever, was trained by Autism Service Dogs of America for nearly two years.

The Honorable Andrew J. Guilford of the U.S. District Court for the Central District of California granted a motion for preliminary injunction filed by the Disability Rights Legal Center and co-counsel Winston & Strawn LLP. Caleb has been attending school without his service dog since the last two weeks of the 2009-20010 school year because of Cypress' district refusal to allow Caleb to attend with his service dog. The family sought an injunction to avoid further violations of their son's rights, and asked the Court to order the district to allow Caleb to attend school with his service dog.

The judge concluded that Eddy qualifies as a service dog under the Americans with Disabilities Act. "Most importantly, Eddy prevents Plaintiff from the potentially harmful act of elopement. (Shore Decl. � 17.) Eddy also helps prevent Plaintiff from shrieking and throwing tantrums. (Id. � 37.) These tasks certainly qualify as 'preventing or interrupting impulsive or destructive behaviors,' as listed in 28 C.F.R. � 35.104," Judge Guilford wrote. Read the Order Granting Motion for Preliminary Injunction 

The media has been covering this precedent-setting case. Los Angeles Times wrote the article "Judge rules in favor of letting autistic boy take service dog to school"  NBC Los Angeles interviewed the family and Maronel Barajas, Senior Staff Attorney for the DRLC's Education Advocacy Program, for a news feature "Family of Autistic Boy Rejoices After Judge Rules Service Dog Must be Allowed in School." KABC-TV, also interviewed the family and attorneys for DRLC co-counsel Winston & Strawn LLP, for its news feature, "Cypress Family Fights for Autism Service Dogs." 

Cypress School District's discrimination against the child galvanized the U.S. Department of Justice. On Friday, June 10 the Department filed a Statement of Interest of the United States in favor of the Court granting our motion for a preliminary injunction. "Day in and day out since June 2010, C.C. ... has been and continues to be irreparably harmed by the Cypress School District's ... denial of his civil right to use his service dog in school, a right protected by Title II of the Americans with Disability Act of 1990..." the Department writes in its statement.

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