HARRISBURG, Pa. – A state appeals court says a western Pennsylvania township is allowed to discharge an officer because he lost his sense of smell in an off-duty motorcycle accident.
The Commonwealth Court ruling issued Thursday upheld Collier Township's decision to honorably discharge Officer David Agostino from the force on grounds that his lack of smell created a safety hazard.
The Pittsburgh area township says its officers often patrol alone and need to be able to detect drugs, alcohol, hazardous materials and natural gas leaks.
But Agostino insists he's able to perform the duties of the job and that a sense of smell isn't tested as part of the physical examination required to become a police officer.
Collier Township solicitor Chuck Means says lawyers in the case couldn't find a legal precedent.