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

Thu Feb 20 20:34:56 UTC 2014

Hi, 

FYI, I use the same size plastic bags for picking up after my miniature
horse guide as I did for picking up after my dog guides.

Also, I keep my miniature horse guide at my property, a privately-owned
house in the suburbs with a lot not too much bigger than the one mentioned
in the article.  The town officials in my town as well as the animal control
officer and the code enforcement people are all aware of the presence of my
miniature horse guide, and none has given me a hassle about it.  My area is
zoned residential and does not permit what they call livestock.  (I know
this because the neighbors and town officials certainly did react quickly
when my daughter attempted to keep 4 baby chickens she rescued from her 8th
grade biology class in a pen in our backyard.  That requires a zoning
variance and the agreement of the neighbors.)

Anyway, I'm not here to support the keeping of any or all of the other
animals, but my miniature horse at least is considerably quieter than the
dogs that live on either side of my property, both of which bark incessantly
at anyone who moves in their vicinity.  And as for smell, I pick up after my
horse 4-6 times a day and there is never a pile left in the yard, whereas
the neighbors' dogs are allowed to leave piles in their yards for many days
before the waste is picked up, if ever.  And--this may be a matter of
opinion--but horse manure is nowhere near as bad smelling or objectionable
to pick up as is dog droppings.

My miniature horse is a trained service animal and I have the same right to
keep her in my home and to be accompanied by her in all places of public
accommodation as I would if she were a dog guide.  I believe the family in
this article may not be claiming that the horse is a trained service animal
for use in public, but rather as a medically prescribed support animal which
can be kept in the home under the Fair Housing Act.  I have only seen this
law used in the case of public housing or rental properties, so don't know
if that law applies to privately owned homes and to town zoning codes.  But
I have heard of a couple of court cases where the lawyers brought into court
a miniature horse and a large, rambunctious mastiff or great Dane for the
court to compare as to which might be more noisy, smelly, and disruptive to
neighborhood tranquility.  Which do you think would come out on top?

Best,
Ann

-----Original Message-----
From: nagdu [mailto:nagdu-bounces at nfbnet.org] On Behalf Of Craig Heaps
Sent: Thursday, February 20, 2014 7:39 AM
To: NAGDU Mailing List, the National Association of Guide Dog Users
Subject: Re: [nagdu] Cincinnati Family with miniature horse service animal,
sues city.

The first thing I thought was "imagnie the size of the plastic bags they
have to carry."  :)
----- Original Message -----
From: "Deanna Lewis" <DLewis at clovernook.org>
To: <nagdu at nfbnet.org>
Sent: Thursday, February 20, 2014 5:50 AM
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-s
> ues-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/-/Mi
> niature-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-s
> ues-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-s
> ues-Blue-Ash-over-daughter-s-service-horse>
> with a judge for both parties on Feb. 21.
>
>
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