[NAGDU] [txagdu] Let's Discuss a Real Advocacy Case

Mon Mar 5 14:21:25 UTC 2018

Jenine,

	The other issue here would likely have been that the ADA, the law we have now established governs this case, defines service animals as only dogs and, in some cases, miniature horses. An individual claiming goats as a service animal would not be protected under the ADA. Since we have now established that the ADA is the applicable law and the miniature horse is a service animal, what direction can be offered to help the animal control officer make a sound decision?

Fraternally yours,
Marion

Marion Gwizdala, President
National Association of Guide Dog Users Inc. (NAGDU)
National Federation of the Blind
(813) 626-2789
President at NAGDU.ORG
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The National Federation of the Blind knows that blindness is not the characteristic that defines you or your future. Every day we raise expectations because low expectations create barriers between blind  people and our dreams. You can live the life you want! Blindness is not what holds you back.

-----Original Message-----
From: NAGDU [mailto:nagdu-bounces at nfbnet.org] On Behalf Of Jenine Stanley via NAGDU
Sent: Monday, March 5, 2018 8:55 AM
To: NAGDU Mailing List, the National Association of Guide Dog Users
Cc: Jenine Stanley
Subject: Re: [NAGDU] [txagdu] Let's Discuss a Real Advocacy Case

Marion, 

Looking up the citations for this one but there was a similar case in Ohio, outside of Cincinnati, a few years back in which a child had 2 goats that the family claimed had been trained as service animals to help with I believe his autism. Zoning laws prohibited keeping livestock, similar to what you’re talking about. 

I believe the family lost that case in part because the training claim was spurious. 

> On Mar 5, 2018, at 8:41 AM, NAGDU President via NAGDU <nagdu at nfbnet.org> wrote:
> 
> Sabra,
> 
> 
> 
>                You are on the right track here; however, as mentioned in another post, since this is not a dispute between a landlord and tenant but between a municipality and a citizen, the FHA does not apply. This being said, which law and title would be applicable. Once we understand this, what within that title makes a mandate in this case?
> 
> 
> 
> Fraternally yours,
> 
> Marion
> 
> 
> 
> 
> 
> Marion Gwizdala, President
> 
> National Association of Guide Dog Users Inc. (NAGDU)
> 
> National Federation of the Blind
> 
> (813) 626-2789
> 
> President at NAGDU.ORG
> 
> <http://nagdu.org/> Visit our website
> 
> <http://twitter.com/nagdu> Follow us on Twitter
> 
> The National Federation of the Blind knows that blindness is not the characteristic that defines you or your future. Every day we raise expectations because low expectations create barriers between blind  people and our dreams. You can live the life you want! Blindness is not what holds you back.
> 
> 
> 
> From: Sabra Ewing [mailto:sabra1023 at gmail.com] 
> Sent: Sunday, March 4, 2018 10:04 PM
> To: txagdu at nfbtx.org
> Cc: NAGDU Mailing List, the National Association of Guide Dog Users; coagdu at nfbnet.org; flagdu at nfbnet.org; nyagdu at nfbnet.org; New Jersey Association of Guide Dog Users; oagdu at nfbnet.org; vagdu at nfbnet.org; nagdu-leaders at nfbnet.org
> Subject: Re: [txagdu] Let's Discuss a Real Advocacy Case
> 
> 
> 
> The Americans with disabilities act clearly states that a service animal may be a dog or a miniature horse. It further states that service animals are exempt from breed restrictions and zoning requirements. I would treat this case as though the person received a complaint because zoning requirements or city ordinances did not allow for German Shepherd's or Dobermans. In these cases, the teams would be exempt because they had service animals and it would be the same with the miniature horse because The miniature horse is listed as a species of service animal under the Americans with disabilities act. You may say, but this is housing. Therefore, the fair housing act would apply. I would agree that it would partially apply but the Americans with disabilities act makes more clear what a service animal is. Therefore, I would say that the miniature horse is exam, and that the city will be violating the law by telling the person to remove their service animal from their property.
> 
> Sabra Ewing
> 
> 
> On Mar 4, 2018, at 6:04 PM, NAGDU President <blind411 at verizon.net> wrote:
> 
> Dear All,
> 
> 
> 
>                As members of the National Association of Guide Dog Users, we are often asked to weigh in on advocacy issues that have a real effect on individual’s ability to live the life they want. The recent issue with Delta Airlines is a demonstration of why the National Federation of the Blind chose to charter the National Association of Guide Dog Users to act as an authoritative, representative voice of the nation’s guide dog users. 
> 
> 
> 
>                I recently had the opportunity to help another member who needed immediate assistance. This member lives in Baltimore County, Maryland and uses a miniature guide horse. Baltimore County has a zoning ordinance that prohibits anyone with less than 2 acres to keep a horse. An animal control officer was at this person’s home to investigate a complaint that the individual was keeping a horse on their property of less than 2 acres. The animal control officer was advised that the horse was a service animal but the officer was unsure of what, if any, bearing this had on the issue. If you were asked to comment on this issue, what would be your guidance. Please take the time to research this question and provide source citations for your position.
> 
> 
> 
> Fraternally yours,
> 
> Marion Gwizdala
> 
> 
> 
> Marion Gwizdala, President
> 
> National Association of Guide Dog Users Inc. (NAGDU)
> 
> National Federation of the Blind
> 
> (813) 626-2789
> 
> President at NAGDU.ORG
> 
> Visit our website <http://nagdu.org/> 
> 
> Follow us on Twitter <http://twitter.com/nagdu> 
> 
> The National Federation of the Blind knows that blindness is not the characteristic that defines you or your future. Every day we raise expectations because low expectations create barriers between blind  people and our dreams. You can live the life you want! Blindness is not what holds you back.
> 
> 
> 
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