[nagdu] Man in danger of losing service horse

Thu May 17 20:14:08 UTC 2012

Hi, Lyn,

If an animal is truly a guide or service animal, then it may be kept at the
home of its disabled handler, even if zoning regulations prohibit that
species of animal in the neighborhood, just as a service dog is allowed in
places where there are "No Pets" policies.  So you don't need liberalized
zoning regs in order to keep a guide mini horse on your property.  But you
would need these changes in order to keep a mini horse as a pet or companion
animal.  My family got in trouble years ago when my daughter brought a
couple of chicks home from 7th grade biology class, and when the chickens
got too big and active to live in our family room and we built them a lovely
little chicken coop in the backyard, the building inspector came out and
told us that we would have to request an exemption from the zoning regs and
convince our neighbors to support us, if we wanted to keep the chickens.  We
chose not to go through the hassle, and instead, found the chickens a home
on a farm.  But we have had no trouble with the town or anyone else over
Panda's living at our home, since she is well-known to be my guide.

I agree with you that the so-called "service horse" in the article does not
sound as if it meets the definition of a service animal under the law.  It
is doing tasks that any horse might do, not tasks specific to mitigating a
disability.

Best,
Ann

-----Original Message-----
From: nagdu-bounces at nfbnet.org [mailto:nagdu-bounces at nfbnet.org] On Behalf
Of Lyn Gwizdak
Sent: Thursday, May 17, 2012 10:16 AM
To: NAGDU Mailing List, the National Association of Guide Dog Users
Subject: Re: [nagdu] Man in danger of losing service horse

Yeah, I agree with you about this.  I thought that the tasks - hauling brush
and stuff - the horse did was something horses do for people all the time
and nothing specific to a disability.  Maybe the guy needs to live in an
area zoned for horses.  If it was a guide horse or a horse that pulled a
wheelchair, then yeah the town would be wrong.

This is the sort of thing that irritates me - people trying to use
disability laws to allow able bodied folks to have special consideration. 
They screw up and the fallout comes down on people with disabilities using
mini horses to do ADA-approved tasks. This case, a horse in a place not
zoned for them.  Seems to me that if you want livestock or horses, then make
sure the place is zoned for it before you buy that house.

Here in my neighborhood, the City Council just amended the zoning laws to
allow limited keeping of some kinds of livestock.  We can now have chickens
but no roosters and I think some small goats.  This change goes with the
move to more farming in urban areas.  Goats can provide milk and chickens
provide eggs.  This zoning change may even allow guide or service mini
horses. Hmmm, guess I'll have to remember to ask my Councilmember when I see
him next.

Lyn and Landon
----- Original Message -----
From: "Marion Gwizdala" <blind411 at verizon.net>
To: "NAGDU Mailing List, the National Association of Guide Dog Users" 
<nagdu at nfbnet.org>
Sent: Monday, May 14, 2012 4:22 AM
Subject: Re: [nagdu] Man in danger of losing service horse

>    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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>
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