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ASG given more time to reply to Americans With Disability Act fed lawsuit

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fili@samoanews.com

Pago Pago, AMERICAN SAMOA — With a defense legal team in place, a federal court in California has given additional time for members of the ASG COVID-19 Task Force — named as defendants in a lawsuit — to file a response.

Defendants in the lawsuit filed Apr. 23 this year, are Health director Motusa Tuileama Nua; local Homeland Security director Samana Semo Veavea; Lt. Gov. Talauega Eleasalo Ale, chairman of the task force; Agriculture director Solia Mutini; and Attorney General Fainu’ulelei Falefatu Ala’ilima-Utu.

The US District Court, Central District of California, where the lawsuit was filed by a local resident, identified in court documents as “Jane Doe”, had given the defendants until June 29th to file a response.

Court filings last week Tuesday state that the defendants “very recently retained counsel” to represent them in this matter. And on June 29, attorneys for the parties discussed a new due date for a response to the complaint and Plaintiff has agreed to grant an extension of time for defendants to file responsive pleadings on or before July 20th.

The defendants are now represented by the Los Angeles-based law firm of Lurie & Kramer while counsel for plaintiff is attorney Edward William O’Connell Jr., of Lake Elsinore, California. 

Plaintiff’s complaint of declaratory and injunctive relief for violations of the Americans With Disability Act (ADA) against the defendants in connection with ASG’s ongoing repatriation program.

Jane Doe claims that the ASG COVID-19 Task Force rule, which prohibits pets from entering the territory is discriminating against service animals and those local residents that genuinely require the assistance of Service Animals.

But plaintiff’s claim of the “rule” was never clearly identified in her complaint, which prompted concerns from the court.

Through a rule making regulatory process, that does not require Legislature approval, the ASG’s Repatriation Program now allows the import of Service Animals (SA) and Emotional Support Animals (ESA) into American Samoa via Hawaii.

The new emergency rules — Quarantine of Pets and Agriculture Products — became effective on July 2nd. (See Samoa News online July 7th for details.)