An Ontario dog rescue organization's policy to not adopt out to families with kids on the autism spectrum has been ruled as discriminatory by the Ontario Human Rights Tribunal.
In a 19-page decision, the tribunal ruled that Kim Thomas, owner of Kismutt Small Dog Rescue in Listowel, Ont., must pay $20,000 to the family of 11-year-old Henry Doan after they applied to adopt a dog, but were turned down because the boy has autism.
Thomas had told Henry's mother Erin Doan she could not let her adopt one of her rescue dogs because on two previous occasions in which dogs were sent to families with autistic kids, the dogs were injured by the children. In one case, a dog suffered bites. In another, a dog was hit by a fan.
The tribunal, however, ruled that Kismutt's blanket policy amounts to discrimination against Henry Doan because of his condition.
“The respondents appear to have a uniform policy of not adopting to families with autistic members which is discriminatory on its face,” wrote adjudicator Romona Gananathan. “I accept that they refused the applicant the dog adoption services on the expressed basis of his disclosed disability.”
The ruling also said Thomas did not attempt to work with the family to better assess and understand the boy's needs or do any work to try and accommodate an adoption.
In addition to the monetary award, the decision requires Thomas to stop posting derogatory comments online about the Doan family, which the tribunal ruled amounted to harassment. Thomas is also required to complete the Human Rights Code training within three months of the Dec. 5 decision.
Gananathan ruled that many of Thomas's social media posts had the effect of inciting hate against people with autism.
“The respondents intentionally created a social media forum posting negative comments about autistic children and inviting posts from its supporters who continued to perpetuate these negative stereotypes,” the decision said.
In one of the posts in support of Thomas's policy, one of the commenters said, “I have seen autistic rage.”
Erin Doan said Kismutt's blanket policy is based on incorrect assumptions about a condition that continues to be misunderstood.
“To say that you are going to be violent with a pet because you are autistic is not the case,” she said. “Autistic people have talents and intelligence that people often don't give them credit for.”
Doan said while Kismutt has the right to ensure a dog is “a good fit” with a family looking to adopt, she wasn't even allowed to fill out an application once Thomas learned Henry has autism.
Ruling has ‘lasting implications'
Michael Cnudde of Autism Ontario said the decision has long-lasting implications for people with autism and their families.
“It's a victory against ableism and discrimination,” he said. “I think the adjudicator called this perfectly.”
Cnudde said the decision should be seen as a takedown of any assumptions that people living with autism all experience the condition in the same way.
“Autism is a spectrum condition,” said Cnudde. “How one person presents will be totally different from the next person.”
Rescue operator stands by policy
Throughout the Human Rights Tribunal investigation into the complaint, Thomas refused to participate. She failed to submit a response to the Doan's complaint.
Thomas told CBC News on Friday she will not pay the $20,000 award.
“Good luck with that,” she said when asked about her requirement to pay.
Thomas also said her policy is based on more than 24 years experience running a dog rescue. She disagrees with the tribunal's ruling that the blanket policy amounts to discrimination.
“We have to be so careful about dogs that we adopt out,” she said. “If I were starting a rescue up tomorrow, I wouldn't make any other decision. I know dogs and I know people — and some people are not good for pets.”
Thomas pointed to other adoptions she's approved, including sending dogs to people with Down syndrome, blindness and hearing impairments. Thomas said she retired from running her dog rescue last spring but continues to board dogs.
Erin Doan said Henry ended up getting a mixed-breed dog named Chico from a different rescue organization and that the adoption was a success.
Unfortunately, Chico developed a health condition and died last year. However Doan said her son's experience with Chico challenges the notion that kids with autism and pets are a problematic mix.
“He was the most amazing best friend I could ever imagine having for Henry,” she said.
