From the WSJ Opinion Archives
Tony & Tacky
DISABLED V. ENDANGERED: The Smoking Gun Web site reported yesterday on the federal lawsuit filed by a New York man seeking to sunbathe nude with his service dog. Plaintiff Mark DelCore says that since 9/11 he has suffered from traumatic stress and a skin condition that requires full-body dosing by sunlight--with his animal for emotional support. His suit alleges that by banning service dogs on a nude beach, officials of Fire Island National Seashore violated the Americans With Disabilities Act. If the dispute were only between a disabled man and zealous park rangers, Mr. DelCore and his ADA claim might have a fighting chance. Buried in the fine print of his filing, however, is mention of an adversary that may turn out to be more formidable than any ranger. It seems that dogs are banned because they might disturb the piping plovers that breed on or near the beach. Uh oh. Protected wetland birds? Sounds like a trump card for the defense.
