The Provincial Court of A Coruña (Galicia) has ordered that all dogs be banned from an urbanisation because one of the owners suffers from cynophobia (fear of dogs). The owner claims that he/she cannot be in the same building as a dog without suffering from trembling fears.
Naturally enough, the rest of the community is up in arms about the decision.
The cynophobe originally lost the case in the local courts, but appealed and the Provincial Court overturned the decision of the local court. The case hinged on the fact that the statues of the community specifically banned dogs and cats from the community. The local court had ruled that enforcing the Article “would not be in the interest of the majority of the owners”. The Provincial Court says “the rule is the rule, and common sense be damned”.
The trouble was (and this was the opinion of the original judge and of the community) is that the statutes were a boilerplate template that the community used when it was first setup, and the original article banning pets was widely ignored, with several pets having been accepted without problems in the community.
However, the cynophobe claims that he or she (their identity has not been revealed) specifically purchased there because of the article banning pets. Nonsense, say the community, who point out that the pets were already there, that it was obvious the article was being flouted, and anyway, the community since voted to change the article in question.
Tough, says the Provincial Court, all pets are henceforth barred from the building and alternate accommodation must be found for them.
The community plans to appeal.