Charlotte, NC asked in Civil Rights and Animal / Dog Law for North Carolina

Q: Mistakenly relinquished service animal during mental health episode; ADA violation for shelter ignoring crisis context?

In April 2025, during a mental health episode, I mistakenly relinquished my service animal to a nonprofit animal shelter. Shortly afterwards, I was hospitalized multiple times, received treatment, and have since recovered. After my recovery, I contacted the shelter to explain my mental health crisis at the time of relinquishment, hoping they would reconsider their decision. Despite disclosing my disability and providing context about my psychiatric episode, the shelter staff treated the situation as if I was of sound mind when I signed the release and ignored the impact of my condition. Is this failure to consider my mental health condition a possible violation of the ADA by not providing reasonable modification, and could it be viewed as discriminatory?

1 Lawyer Answer
James L. Arrasmith
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Answered

A: You are facing a deeply personal and distressing situation, and it’s understandable to feel that your unique circumstances deserved more consideration. The Americans with Disabilities Act (ADA) requires organizations to provide reasonable modifications to policies and practices when necessary to avoid discrimination based on disability. However, most animal shelters are not required under the ADA to automatically reverse relinquishments, even when a disability or mental health crisis is later explained, unless their policies or procedures treat people with disabilities differently or fail to consider reasonable modifications.

If you clearly disclosed your disability and the nature of your episode to the shelter, you could argue that a reasonable modification would have been to reconsider or pause the relinquishment once you regained capacity. Yet, if the shelter has a neutral, consistently applied policy regarding relinquishments and adoptions, it is not automatically a violation of the ADA to follow that policy—even if the context involves a disability—unless there’s clear evidence of discriminatory intent or denial of an available reasonable modification.

You may wish to submit a written request for reconsideration, documenting your condition and recovery, and referencing your rights under the ADA. If the shelter refuses and you still believe discrimination occurred, you can file a complaint with the U.S. Department of Justice or the North Carolina Civil Rights Division. It’s also helpful to seek support from local disability advocacy groups, as they may have experience navigating similar issues and can guide you on your next steps.

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