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

Thu Feb 20 19:43:48 UTC 2014

Hi,

	My feeling is the woman is using the miniature horses as an excuse
to keep them within the city; many cities consider mini pigs, horses, etc.
livestock and they can't be kept.
	I also didn't see what services the horse provides;  breaking
barriers isn't a service under any law I am aware of.
	Wow oh wow; and just how far is the envelope going to be pushes?  We
are already seeing push-back from entities, and we guide dog handlers have
done a lot to educate and demonstrate the efficacy and behavior of our dogs.
	Why is it, that in these situations, it is usually women?
Darla & Happy Huck

-----Original Message-----
From: nagdu [mailto:nagdu-bounces at nfbnet.org] On Behalf Of Deanna Lewis
Sent: Thursday, February 20, 2014 7:50 AM
To: NAGDU Mailing List, the National Association of Guide Dog Users
(nagdu at nfbnet.org)
Subject: [nagdu] Cincinnati Family with miniature horse service animal, sues
city.

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-Bl
ue-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-h
orse-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/-/Miniatur
e-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-Bl
ue-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-Bl
ue-Ash-over-daughter-s-service-horse> with a judge for both parties on Feb.
21.

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