The fate of a dog is now in the hands of a federal court judge after the Berkeley Homeless Union secured a temporary restraining order to prevent the animal from being euthanized.
The dog, named Griz, is described by advocates as a service animal for an unhoused woman. “It’s devastating,” said Robbie Powelson of the Berkeley Homeless Union.
The advocacy group is rushing to save the dog after it was impounded following an encampment sweep on Murray Street last month that resulted in its owner being arrested.
The temporary restraining order request alleges the city of Berkeley violated the Americans with Disabilities Act. Powelson said the group was in contact with the city before the Aug. 26 sweep.
He noted that the owner, Sunny Yow, has PTSD and a traumatic brain injury, and that Griz serves as her emotional support dog.
“We knew the abatement was coming, we were trying to find accommodation where we could find an alternate place for this person to go,” Powelson said. He added, “She had disabilities that we needed to work through before they came in here with their bulldozers and police to try to find a safe place for her to be with her dog, and the city ignored that and escalated the situation.”
The union says Griz was impounded after chewing a catch pole. However, the city disputes that timeline, stating the dog was impounded prior to the encampment closure and that it was one of many times the animal had been impounded due to dangerous behavior.
In court documents, the city argued against the temporary restraining order, claiming the impoundment was unrelated. Last week, Berkeley told Yow that Griz was determined to be vicious and that she would have to pay fees, carry insurance on Griz, and keep him on private property to avoid being euthanized.
Legal expert Steven Clark said those requirements raise more questions. “I think the big factor for the court here is going to be that this service animal and Ms. Yow relied on him for her everyday needs,” Clark said.
A federal judge has now put Griz’s fate on hold, approving the temporary restraining order while the case plays out in court.
“They need to come up with some middle ground here to ensure that Ms. Yow can reunite with Griz in a safe way for the community, but at the same time comply with the ADA to ensure that she is able to keep her service animal,” Clark said.
The court has ordered the city to respond to the motion by Tuesday. A hearing is scheduled for later this month to determine what happens to Griz.