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

Ann Edie annedie at nycap.rr.com
Fri Feb 21 20:42:49 UTC 2014


Hi, Doug and All,

It seems clear from the article that the family has removed the other
animals which are considered "livestock", as well as the miniature horse in
question, from the residential property to a farm property which they also
own or rent.  They are asking for a reasonable accommodation with respect to
the zoning regulations for only the miniature horse which they say is
prescribed by the child's doctor.  If they have a letter from the doctor to
this effect, then I believe that is all they need (perhaps accompanied by
some documentation of the child's disabilities) under the FHA to be eligible
for a reasonable accommodation or exemption to policies and practices.  But
again, I'm not sure the FHA applies in the case of city ordinances and
codes.

In general, I think we need to have a discussion, both within guide dog
users groups and among the larger community, about what species are suitable
for "companion animals" and which are purely "livestock" or "exotics."  For
example, I believe that horses long ago transitioned, at least in the
developed world, from livestock to companion animals, except perhaps among
isolated groups such as the Amish, who still use horses for pulling
carriages and plowing fields.  Most people today who keep horses do it for
sport or for the companionship horses provide.  And yes, even if they don't
speak English like the proverbial Mr. Ed, horses do make wonderful
companions, no matter what their size.  Miniature horses certainly fit in
better in the modern suburban environment than do riding-size horses, with
the advantage over dogs, for example, of their long lifespan (30-40 years as
compared with 10-15 years for dogs.)

There are many more component questions which could be part of a discussion
of companion animals vs. livestock, but I don't want to get into that here.

Best,
Ann

-----Original Message-----
From: nagdu [mailto:nagdu-bounces at nfbnet.org] On Behalf Of Doug Parisian
Sent: Thursday, February 20, 2014 12:49 PM
To: NAGDU Mailing List, the National Association of Guide Dog Users
Subject: Re: [nagdu] Cincinnati Family with miniature horse service animal,
sues city.

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/-/M
>> i 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-c
> laims- 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-c
> laims- 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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--
Doug Parisian
4-951 westminster ave
Winnipeg MB Canada
R3G 1B7
1-204-227-8877
eggmann at mymts.net

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