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

Thu Feb 20 20:49:22 UTC 2014

Anne, as I understood the articles, the issue seems to be as much the 
fact of that family running an Animal Farm (George Orwell) more than any 
issue with a single little horse.  The stress on the horse aspect by the 
responsible (perhaps irresponsible) media monkeys was quite the 
attention grabber.  I wonder if pictures accompanied any of the 
publications so that people could certainly see that it was not:

The tennasee stud was long and lean, the colour of the sun and his eyes 
were green.
On 20/02/2014 2:34 PM, Ann Edie wrote:
> 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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