Discrimination against the disabled includes "...(A) a refusal to permit, at the expense of the handicapped person, reasonable modifications of existing premises occupied or to be occupied by such person if such modifications may be necessary to afford such person full enjoyment of the premises...; (B) a refusal to make reasonable accommodations in rules, policies, practices, or services, when such accommodations may be necessary to afford such person equal opportunity to use and enjoy a dwelling;..." 42 USC Section 3604 (f)(3).
I hope this constitutes a ground for appeal for the fence. Jimmy's disability is documented and the running behavior is a manifestation of it. It's not like that wasn't explained in the initial application, but apparently they need it broken down for them.
But wait... there's more...
Fair Housing Act
The Federal Fair Housing Act prohibits discrimination in residential real estate matters on the basis of race, sex, color, religion, national origin, familial status, or handicap. State statutes may add protections on the basis of marital status and sexual orientation. State or local governmental offices will provide associations with information about extensions to fair housing laws.
In 1988, Congress added two new protections that allow disabled individuals to have an equal opportunity to enjoy their dwellings. As a result of this protection, community associations must allow disabled individuals to make reasonable modifications to dwellings or common areas that afford them full enjoyment of the dwelling. The disabled person must pay for the modifications. This federal right to make reasonable modifications supersedes an association's governing documents and design review criteria.