[nagdu] Man in danger of losing service horse

[Marion Gwizdala]

    I agree with the Township on this issue. Though the horse may be trained 
to perform specific tasks for its owner, those tasks are not associated with 
his disability and, therefore, do not constitute work or tasks as defined by 
28 CFR Part 35.104 which states, "The work or tasks performed by a service 
animal must be directly related to the individual's disability."

Fraternally yours,
Marion Gwizdala



----- Original Message ----- 
From: "Criminal Justice Major" <orleans24 at comcast.net>
To: <Undisclosed-Recipient:;>
Sent: Sunday, May 13, 2012 12:41 PM
Subject: [nagdu] Man in danger of losing service horse


> Sent: Sunday, May 13, 2012 7:25 AM
> Subject: Man in danger of losing service horse
> From the comments:
> Man in danger of losing service horse has readers debating ordinance, 
> medical marijuana
> Published: Saturday, May 12, 2012
> By Amanda Emery
> temery at mlive.com
> FLINT TOWNSHIP, MI - A Flint Township man is in danger of losing his 
> service animal - a mini-palomino named Little Nugget.
> Township officials say the matter is one of zoning regulations and proper 
> environment. This topic has readers debating whether the man should get to
> keep Little Nugget, or if he is breaking the township's ordinances 
> regarding livestock.
> Carlton Lewis, 46, says the 34-inch-tall miniature palomino helps him move 
> brush and debris from his backyard. Lewis purchased the animal about six 
> months ago in Lapeer and brought her to his Dye Road home.
> Lewis was told by township officials he couldn't keep Little Nugget 
> because he is considered livestock. Lewis, who is a medical marijuana 
> caregiver and patient, suffers from neck spurs pushing on his spinal cord, 
> hernias, and knee problems.
> Lewis was cited for having livestock boarded on improperly zoned 
> residential
> property, but the citation was dismissed because it referred to the wrong 
> ordinance, said Tracey Tucker, economic enhancement director and deputy 
> treasurer for the township.
> The correct ordinance, Section 14.5-16, states, "No livestock shall be 
> kept or maintained in any zoning district on parcels of land...less than 
> 10 acres in area, except that for each dwelling unit the occupant may keep 
> for his personal use domestic pets provided they are not kept or used for 
> commercial or breeding purposes and do not constitute a kennel."
> The Americans With Disabilities Act added a provision in 2010 which 
> allowed for the use of miniature horses as service animals.
> While Lewis argues that Little Nugget is a service animal that helps him 
> to manage cleaning and moving things on his property, the township argues 
> that she is not a service animal and plans to research the ADA 
> requirements for a service animal.
> Lewis said he plans to attend the May 31 appearance date set at the 67th 
> District Court in Flushing.
> Source:
> http://blog.mlive.com/newsnow_impact/print.html?entry=/2012/05/from_the_comm
> ents_man_in_dange.html
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