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

Ann Edie annedie at nycap.rr.com
Thu Feb 20 20:49:04 UTC 2014 

The answer to whether a person can have more than one service animal is,
yes.  Some people who have more than one disability might have a service
animal to deal with each disability, for example, a small hearing alert dog
to alert to sounds and a large mobility assistance dog to help with physical
tasks.  As far as I know, the ADA does not limit anyone to only one service
animal.

You are correct that the ADA limits the definition of "service animals" to
dogs and miniature horses, the latter with a few extra considerations and
questions.  To my knowledge, the FHA is broader in its definition of
assistance animals, and allows emotional support or comfort animals as well
as service animals, as long as a "reasonable accommodation" can be made for
the keeping of the animal in the housing.

Best,
Ann

-----Original Message-----
From: nagdu [mailto:nagdu-bounces at nfbnet.org] On Behalf Of Deanna Lewis
Sent: Thursday, February 20, 2014 8:21 AM
To: NAGDU Mailing List, the National Association of Guide Dog Users
Subject: Re: [nagdu] Cincinnati Family with miniature horse service animal,
sues city.

Hi All,
Thanks for the comments. I do know that the ADA does cover Miniature horses,
but not sure about the Fair Housing Act. 
When I first saw the news story, I wanted to help this lady, but after
looking into the issues further, I don't feel the same way...
It does sound to me like this lady is an animal hoarder and may be passing
this horse off as a service animal in order to keep her zoo in the city.
Another thing that was on the news story, but not in the articles, is that
they also have a service dog for the girl. Can a person have more than one
service animal???
Deanna and Pascal (who's my only service animal)

-----Original Message-----
From: nagdu [mailto:nagdu-bounces at nfbnet.org] On Behalf Of Doug Parisian
Sent: Thursday, February 20, 2014 11:07 AM
To: NAGDU Mailing List, the National Association of Guide Dog Users
Subject: Re: [nagdu] Cincinnati Family with miniature horse service animal,
sues city.

Something told me it's all happening at the zoo; I do believe it, I do
believe it's true.  Hey, seems to me I did read in the article that the city
farmers are claiming all their animals to be therapy beasts. Wonder if my
landlord wouldn't mind a couple of chickens in my 400 square foot apartment;
these are therapy chickens laying therapudic eggs.  My doctor says these
chickens are helping myy depression.

On 20/02/2014 9:51 AM, Daryl Marie wrote:
> This article is so skewed, as is the law suit.  Give me a break!  If it
were just a matter of the miniature horse, I doubt the neighbors would be
complaining, or the city would be stepping in.  This family has pigs, an
alpaca, roosters... good GOD!  This is not about the bleeping horse... or at
least not exclusively.
>
> Daryl
> ----- Original Message -----
> From: Craig Heaps <craig.heaps at comcast.net>
> To: NAGDU Mailing List, the National Association of Guide Dog Users 
> <nagdu at nfbnet.org>
> Sent: Thu, 20 Feb 2014 08:39:01 -0700 (MST)
> 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-
>> 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/-/M
>> iniature-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.
>>
>>
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--
Doug Parisian
4-951 westminster ave
Winnipeg MB Canada
R3G 1B7
1-204-227-8877
eggmann at mymts.net

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