[nagdu] Man in danger of losing service horse

Fri May 18 18:00:00 UTC 2012

Ann,
Makes sense to me!  Ann, have you ever heard of anyone using a guide horse 
who lives in an apartment building in an urban area?  I know that the people 
I know of who use horses live in a more rural area.  Not planning on a horse 
for me but curious.

In my complex, there's a grassy area that is fenced in but there's always 
dog crap there that the lazy people don't pick up.

Lyn and landon
----- Original Message ----- 
From: "Ann Edie" <annedie at nycap.rr.com>
To: "'NAGDU Mailing List,the National Association of Guide Dog Users'" 
<nagdu at nfbnet.org>
Sent: Thursday, May 17, 2012 1:14 PM
Subject: Re: [nagdu] Man in danger of losing service horse

> 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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>
>
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