[nagdu] Minature Horse Article

[Pickrell, Rebecca M (TASC)]

        Anybody know if the critisism raised about guide horses was also raised about guide dogs back in the day? I.E. Dogs live outside, they aren't house-broken, that sort of thing.
I don't recall seeing critisism of that flavor in my reading of the Seeing Eye.


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Subject: [nagdu] Minature Horse Article

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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