[nagdu] Minature Horse Article

Larry D. Keeler lkeeler at comcast.net
Sat Mar 31 02:06:23 UTC 2012


I do have a vission of a blind dude being guided by a clydsdale through the 
supermarket!  Wouldn't that be interesting!
----- Original Message ----- 
From: "Tami Kinney" <tamara.8024 at comcast.net>
To: "NAGDU Mailing List,the National Association of Guide Dog Users" 
<nagdu at nfbnet.org>
Sent: Friday, March 30, 2012 4:12 PM
Subject: Re: [nagdu] Minature Horse Article


>I didn't notice the quotes, but I got the slant! Sheesh!
>
> Herds of wild mustand ponies threatening American Business! Followed by 
> lawsuit happy guys in wheelchairs, just looking for trouble.
>
> Glad the guy is suing over the violation to his civil rights. For no less 
> than...
>
> Okay, I'd better quit before I get myself in trouble. /evil grin/
>
> Tami
>
> On 03/30/2012 05:07 AM, Tracy Carcione wrote:
>> 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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>>
>>
>>
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>
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