Staff Writer
A 65-year-old woman was evicted Wednesday from the George Washington after District Judge J. Albert Spence said she violated her lease by having ferrets.
George Washington representatives gave the lease and attached rules to Spence during the eviction hearing. One of the rules is no pets.
Director of operations Ronald DeVerse testified that Lucy Gwin did not tell him that she had ferrets when they discussed her rental of an apartment.
Gwin contends that her ferrets are service animals. She presented a signed note from her doctor stating that the ferrets are a medical necessity because they alert her to oncoming seizures, allowing her to better maintain her health and employment.
Her attorney, Jennifer Sinclair, said Gwin did not receive the page of rules that states she couldn't have pets. She said the two parties mailed documents back and forth and talked on the phone about the apartment rental because Gwin lived out of state before she moved into the George Washington.
Spence disagreed with Gwin's argument.
"Common sense is going to prevail here," Spence said. "You can't tell me that a ferret is a service animal."
He evicted Gwin and ordered her to pay $99.50 in court costs.
Gwin said she was surprised by the decision.
"I'm shocked that no matter what a doctor says, a service animal is only a dog," she said.
She plans to appeal the decision.
George Washington attorney William Weiler Jr. said after the hearing that hotel officials offered Gwin a deal - she could stay if she got rid of the ferrets.
"She elected not to do that," he said.
Gwin is considering whether to join a federal lawsuit with Kathleen Kleinmann and Robert Milan against the George Washington, 82 S. Main St., Washington.
The hotel unsuccessfully tried to evict Milan, who uses a wheelchair, because he has a dog. Milan says the dog is a service dog. The George Washington said Kleinmann allowed a person to stay in her apartment for extended periods of time without management permission.
In February, Spence dismissed those efforts, saying the complaints were defective.
As executive director of the Tri-County Patriots for Independent Living, Kleinmann, who also has a disability, helped Milan get the apartment at the George Washington.
She also wants TRIPIL to continue using a transitional apartment there as temporary housing for those coming out of nursing homes.
A temporary injunction in the federal lawsuit prevents the two from being evicted, Kleinmann said. She said a hearing is scheduled Tuesday to determine whether the injunction should be permanent while the case goes through the federal courts.