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Saving Sophie

One man's struggle to keep his pet could help safeguard others

By Cassi Feldman

Sophie is the kind of dog that can change your life. Just ask Guy Lowe, who adopted the tan, golden-eyed puppy in November. Lowe, a 38-year-old man living with AIDS, was diagnosed with depression and prescribed a pet to lift his mood.

Although the lease on Lowe's Hayes Valley apartment prohibits animals, federal law requires landlords to make "reasonable accommodations" for people with disabilities. There's just one problem: Sophie's a pit bull mix. And that, according to the building's owners, makes her an unreasonable request. They've already threatened Lowe with eviction and are now taking him to superior court.

In the wake of last year's highly publicized dog mauling, Lowe's struggle could become an important test case. Although a landlord generally gets to say which and how many pets are allowed, disabled tenants are legally exempt from those restraints. But with more building owners now worried about liability, that protection is under siege.

"There's no question: since the tragedy of Diane Whipple, there's a heightened awareness," said Carl Friedman, director of the city's Animal Care and Control department. Just last week the Recreation and Park Commission voted to strengthen leash laws in city parks. Friedman said his office has been fielding more phone calls since Whipple's death and holding more hearings to determine whether particular dogs are dangerous.

Though Friedman said he takes all calls seriously, he doesn't assume pit bulls or any breed are more likely to be vicious. "There's no question that physiologically they have the potential to do a lot of harm," he said. "But dogs have as many personalities as people. Some are docile and introspective; some are mean and vocal."

According to Lowe and his veterinarian, Sophie is as sweet as they come. But Saul Ferster, attorney for Lowe's landlords – Michael Zatopa, Ellen Stephens, Timothy Tobin, and Deborah Tobin – said that doesn't mean she couldn't snap. Last year's dog mauling was "a wake-up call for everybody," he told us.

When Zatopa first learned about Sophie in December, he and the other owners threatened to evict Lowe if he didn't get rid of her. When Lowe responded with help from the AIDS Legal Referral Panel, a local advocacy group, the owners withdrew the eviction notice but filed suit to have the matter decided in San Francisco Superior Court. The hearing has yet to be scheduled.

The whole process has taken a toll on Lowe, a former Texan who is studying to become a social worker. He hasn't found a lawyer to take on his case pro bono and isn't sure he can afford the legal fees.

Ironically, Lowe said he didn't especially want a pit bull but couldn't resist Sophie, who was about to be euthanized at a shelter in Pinole. Would he do it again if he knew all the problems she would cause? "I wouldn't get a pit bull," he said.

But later he e-mailed a clarification. "The headache and stress is something that I would prefer not to go through again," he wrote, "but it is all worth it to keep Sophie. I would fight again and again and again to keep her in my life."

E-mail Cassi Feldman at cassi@sfbg.com.