[nagdu] Minature Horse Article

[Tracy Carcione]

This looks like a typical Fox piece.  Note the frequent quotes around
"service", as if it's debatable that horses are actually service animals,
and the rabid hatred of any regulation on business.
Tracy, not a Fox fan



> A horse is a horse, of course.
>
> That's why business owners are getting nervous about a new federal
> regulation requiring a particular breed of horse to be allowed into shops
> and restaurants across the country.
>
> The Justice Department regulations were tailored for so-called "service"
> horses -- miniature horses that, like service dogs, accompany the blind
> and
> others with disabilities to help them get around.
>
> But the rules were a lawsuit waiting to happen, according to critics. And
> sure enough, a suit was filed earlier this month in Los Angeles, by a man
> who uses a wheelchair and keeps a miniature horse named Princess -- and
> who
> claims a local GameStop and Marshalls refused him and his horse service.
>
>
>
> Related Slideshow
>
>
>
> Miniature horses -- pet, livestock or service animal?
>
>
> Heard of seeing-eye dogs? There's an alternative. Miniature horses, while
> commonly kept on farms, can also be used as "service" animals -- to help
> the
> blind and disabled get around. A federal rule requiring businesses to let
> them inside has stirred concern of lawsuits. The dispute doesn't distract
> from their cuteness, though.
>
>
>
> The case, as well as the regulation, has drawn concern from at least one
> lawmaker on Capitol Hill, as well as the National Restaurant Association.
>
> "I like horses. My daughter likes horses. But even in the Wild West, they
> put them outside," said Angelo Amador, vice president of the restaurant
> association.
>
> The organization has a few gripes. First, many business owners just don't
> know about the rule, and are only familiar with dogs being a traditional
> service animal. Amador said those that do know have concerns the animals
> aren't housebroken.
>
> "You cannot train a horse ... housebreak them like you would do with a
> dog,"
> he said.
>
> The owner could claim the horse is housebroken, but if that turns out not
> to
> be the case then the business has a sanitation problem on its hands --
> rather, its floor.
>
> "After the deed is done, you have a number of other issues in the
> restaurant," Amador said. "It's kind of like damned if you do, and damned
> if
> you don't."
>
> Rep. Jason Chaffetz, R-Utah, cast the rule as a case of Washington
> overreach
> -- hardly one to resist a pun, he accused the Justice Department of
> "making
> more hay" for trial attorneys.
>
> "Do we really need to saddle businesses with more regulation? I say,
> 'Naaayyy.' Every scenario in life does not need a rule or regulation," he
> said in a statement to FoxNews.com.
>
> The regulations on service animals were first put out in September 2010,
> as
> part of the Americans With Disabilities Act.
>
> The rules, which went into effect later, actually narrowed down what used
> to
> be a broad definition for service animals. For most purposes, the Justice
> Department decided to recognize only dogs -- but the department added an
> exception for miniature horses after being "persuaded" regarding their
> benefits to the disabled.
>
> The guidelines noted that the horses can be "viable alternatives" for
> people
> who are allergic to dogs or whose religious beliefs do not allow them to
> be
> around dogs.
>
> "Another consideration mentioned in favor of the use of miniature horses
> is
> the longer life span," the guidelines said. They can provide "service" to
> the disabled for more than 25 years, as opposed to roughly seven working
> years for the typical dog. Plus the horses, despite their petite size, can
> be stronger.
>
> That was the case for Jose Estrada, the plaintiff in the case filed this
> month in Los Angeles court.
>
> His attorney, Morse Mehrban, told FoxNews.com that a dog "doesn't have the
> sufficient strength to pull him in his wheelchair."
>
> So Estrada, a paraplegic, uses a 29-inch-high miniature horse named
> Princess. According to the complaint, the two retail stores being sued
> "refused to permit said animal" inside along with Estrada last month. The
> suit says Princess "is housebroken" and would not "compromise" the safety
> of
> those two stores.
>
> "Apparently, they don't understand that a miniature horse can be a service
> animal," Mehrban said.
>
> Estrada is suing for "no less than" $4,000 in damages.
>
> The federal rules state that businesses should allow in the horses as long
> as they're trained, considering such factors as the size of the horse,
> whether it's under control, whether it's "housebroken," and whether its
> presence would compromise "legitimate safety requirements."
>
> Amador says the horses cannot be housebroken.
>
> The Guide Horse Foundation, though, says on its website that the horses
> "learn exactly the same behaviors as a guide dog," and that they "never
> bite
> or kick except when attacked."
>
> The organization could not be reached for comment.
>
> The use of miniature horses as service animals, though, has created a bit
> of
> a rift in the miniature horse community.
>
> The American Miniature Horse Association does not condone the use of
> miniature horses for that purpose. Association President Harry Elder
> applauded those who have received "ADA certification" to train animals but
> questioned the use of miniature horses.
>
> "Although the American Miniature Horse is bred to be intelligent, curious,
> gentle, sensible, willing to cooperate and easy to train, it remains in
> all
> respects physically and instinctively a true horse. The American Miniature
> Horse can be readily trained to be lead or driven but, in most cases, it
> would not make a suitable replacement for an animal such as a guide dog,"
> he
> said in a statement.
>
> According to the group, there are 200,000 miniature horses registered with
> the organization around the world, though it's unclear how many are used
> as
> service animals in the U.S.
>
> Other retail groups are taking the Justice Department rule in stride and
> say
> they're trying to follow it. Mallory Duncan, senior vice president with
> the
> National Retail Federation, said the group is continuing to hold talks on
> "how best to comply."
>
> "Retailers are sensitive to the many challenges confronting our customers
> and work to reasonably accommodate all shoppers when and where
> appropriate,"
> Duncan said. "Retailers must remain cognizant of the unique challenges
> service animals present in the retail setting in order to best protect and
> serve the general public."
>
>
>
>
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