[nagdu] Cincinnati Family with miniature horse service animal, sues city.

[Deanna Lewis]

Hi All,
I saw this story on the News last night, and found two different articles that I wanted to share with you all.
I'm curious what other's thoughts are on this...
Deanna and Pascal


First Article

BLUE ASH, Ohio -A Hamilton County family that has a miniature horse as a service animal is suing their city, alleging its refusal to let them keep the animal violates federal housing law and protections for people with disabilities.

Blue Ash resident Ingrid Anderson and the advocacy group Housing Opportunities Made Equal, or HOME, filed the lawsuit Tuesday in federal court in Cincinnati.

The lawsuit states a doctor at Cincinnati Children's Hospital recommended the horse for Anderson's daughter, who has physical ailments and uses it for support to walk in her yard.

"People have the right to have any service animal in their home if it is recommended by a medical professional," HOME's Executive Director Elizabeth Brown said.

Anderson said the miniature horse Ellie helps her disabled daughter Chloe, 13, who has scoliosis, heart problems and life-threatening injuries. She said the horse helps Chloe break barriers.

"Chloe has gained so many social skills because a typical kid is not real likely to walk up to a child in a wheelchair and engage in conversation," Anderson said.

However, the city of Blue Ash said Anderson is breaking the rules and that her daughter's miniature horse must go.

"We have received numerous complaints from residents around the area that they cannot enjoy their residences or their backyards due to the smell and noise," Blue Ash public relations coordinator Emily Schaffer said.

Brown said Blue Ash officials characterized the horse as livestock that must be removed, a contention that the city said City Council and a court have agreed with.

She said the group tried to work with the city and the lawsuit is a last resort.

"We're not looking for preferential treatment. That's what the ADA is about is to protect the disabled so they can get the bit of assistance or quality of life," Anderson said.

Blue Ash's solicitor said the city is enforcing its ordinance.

"Beyond the miniature horse referenced in the lawsuit, Anderson has also kept a second miniature horse, an alpaca, pigs, roosters, rabbits and more than six dogs at the property, a small residential lot of 50 x 175 feet," the city said in a news release.

"Blue Ash sympathizes with the family and takes its obligations under the Federal Housing Administration very seriously. However, Blue Ash's code does not make the property inaccessible for the alleged disability and the requested accommodation is not reasonable," Schaffer said.

Anderson has since removed the animals and they are at her farm in Mount Orab while the lawsuit plays out.

The Anderson family and the city of Blue Ash have a court hearing at the end of the week.
Second Article

City officials forced a family to remove a service animal used by their daughter, a family in Ohio has filed a lawsuit alleging violations of the Americans with Disabilities Act.
City officials in Blue Ash are forcing the family to remove <http://news.cincinnati.com/article/20140218/NEWS01/302180095/Family-sues-Blue-Ash-over-daughter-s-service-horse> the animal on the grounds that the animal is "livestock" and not a recognized service animal:
The lawsuit, filed by Housing Opportunities Made Equal, or HOME, and Ingrid Anderson, a mother of a child with disabilities, says the city violated the Fair Housing Act and the Americans with Disabilities Act, HOME executive director Elizabeth Brown said.
The service animal, a miniature horse named Ellie, is the size of a large dog and has been trained as a service animal and recommended by Children's Hospital Medical Center for Anderson's 13-year-old daughter Chloe, who has suffered from numerous physical ailments since birth, Anderson said.

Anderson told <http://www.wlwt.com/news/local-news/hamilton-county/ohio-family-with-mini-horse-as-service-animal-sues/24559642#ixzz2tpfZcL1O> WLWT the horse helped Chloe break barriers, especially among other children. "Chloe has gained so much social skills because a typical kid is not real likely to walk up to a child in a wheelchair and engage in conversation," she said. According to the lawsuit<http://www.wlwt.com/blob/view/-/24560218/data/1/-/ou4b6cz/-/Miniature-horse-federal-complaint.pdf>, a doctor at Cincinnati Children's Hospital recommended the horse for Chloe.
"People have the right to have any service animal in their home if it is recommended by a medical professional," Brown said<http://www.wlwt.com/news/local-news/hamilton-county/Family-that-claims-mini-horse-as-service-animal-sues-Blue-Ash/24559642>.
For their part, the city says it has been working with the family for four years, and during that time there have been numerous complaints filed from neighbors about the Anderson's property. Anderson also keeps pigs, rabbits, dogs, roosters, an alpaca (which the family says is also used for service and therapy purposes) and another miniature horse. Their property is 50-foot-by-175-foot residential lot.
Anderson recently moved the other animals to another location until the lawsuit is resolved.
According to Cincinnati.com, the Blue Ash City Council and Hamilton County Municipal Court have ruled <http://news.cincinnati.com/article/20140218/NEWS01/302180095/Family-sues-Blue-Ash-over-daughter-s-service-horse> the horse is not a service animal according to the law.
"Blue Ash is enforcing its ordinance and looks forward to being vindicated in court," Blue Ash City Solicitor Bryan Pacheco said<http://www.wlwt.com/news/local-news/hamilton-county/Family-that-claims-mini-horse-as-service-animal-sues-Blue-Ash/24559642>.
The next step in the lawsuit is a meeting <http://news.cincinnati.com/article/20140218/NEWS01/302180095/Family-sues-Blue-Ash-over-daughter-s-service-horse> with a judge for both parties on Feb. 21.