[nagdu] Man in danger of losing service horse

Ann Edie annedie at nycap.rr.com
Fri May 18 20:18:28 UTC 2012 

Hi, Lyn,

I have heard of a couple of people who were trying to keep miniature horses,
or small ponies, in apartment situations as service animals or service
animals in training.  Needless to say, there was opposition to these
proposals from the landlords and some neighbors, both due to the size of the
animals and also due to real or possible damage the animals might cause to
the property.  And I never heard what the conclusions of the cases were.
But it was not clear in these cases whether the animals qualified as
legitimate service animals under the ADA, and that was before the
regulations on service animals were clarified.

If I were going to use a miniature horse service animal and I lived in an
apartment building situation, I think I would handle it as follows:  At
least some apartment complexes provide each resident with either a assigned
parking space and/or sometimes a storage shed on the property.  If I could
get an assigned parking space near the entrance to my apartment, or a
conveniently-located and appropriately-sized storage shed, I would get a
garden shed and have it placed in that space and fitted out as a "barn" for
my mini-horse.  I would, of course, be using the animal as a guide during
the day and would probably also bring the horse into my apartment some of
the time.  But if I were going somewhere without the service horse, or
perhaps for overnights, I would keep the horse in the little shed at those
times, just as a guide dog might be kept in a crate.  If I want the animal
to have "grass time", I would have to either arrange with management for use
of some lawn area where they didn't mind the horse nibbling the grass (and I
would have to be sure that harmful chemicals were not being used on the
grass), or I would need to find other places for the horse to run free or
graze, just as some handlers use friends' fenced yards or public dog parks
to give their animals opportunities to relax or play.

Since I live in the suburbs in my own home, I can let Panda graze in my
backyard and she sleeps in her little "cottage" that is right next to my
deck.

Hope this helps to answer your questions.

Best,
Ann

-----Original Message-----
From: nagdu-bounces at nfbnet.org [mailto:nagdu-bounces at nfbnet.org] On Behalf
Of Lyn Gwizdak
Sent: Friday, May 18, 2012 11:00 AM
To: NAGDU Mailing List, the National Association of Guide Dog Users
Subject: Re: [nagdu] Man in danger of losing service horse

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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