[nagdu] Test on phone with windstream Re: Man in danger of losing service horse

Brenda bjnite at windstream.net
Sat May 19 22:46:58 UTC 2012 


On 5/19/2012 12:41 PM, Lyn Gwizdak wrote:
> Thank you, Ann.  When you mentioned about putting a small shed in your 
> assigned parking space, I thought of my old complex I lived in when I 
> lived in Ramona, CA.  there are horses EVERYWHERE in that town!  They 
> say that the "national bird" of Ramona is the horse fly!  That complex 
> would most likely be open to the idea of a service mini horse.  I 
> really doubt it would be the case here in a real urban area in Mid 
> City San Diego where I live!
>
> You and Panda have a great day!
>
> Lyn and Landon
> ----- Original Message ----- From: "Ann Edie" <annedie at nycap.rr.com>
> To: "'NAGDU Mailing List,the National Association of Guide Dog Users'" 
> <nagdu at nfbnet.org>
> Sent: Friday, May 18, 2012 1:18 PM
> Subject: Re: [nagdu] Man in danger of losing service horse
>
>
>> Hi, Lyn,
>>
>> I have heard of a couple of people who were trying to keep miniature 
>> horses,
>> or small ponies, in apartment situations as service animals or service
>> animals in training.  Needless to say, there was opposition to these
>> proposals from the landlords and some neighbors, both due to the size 
>> of the
>> animals and also due to real or possible damage the animals might 
>> cause to
>> the property.  And I never heard what the conclusions of the cases were.
>> But it was not clear in these cases whether the animals qualified as
>> legitimate service animals under the ADA, and that was before the
>> regulations on service animals were clarified.
>>
>> If I were going to use a miniature horse service animal and I lived 
>> in an
>> apartment building situation, I think I would handle it as follows:  At
>> least some apartment complexes provide each resident with either a 
>> assigned
>> parking space and/or sometimes a storage shed on the property.  If I 
>> could
>> get an assigned parking space near the entrance to my apartment, or a
>> conveniently-located and appropriately-sized storage shed, I would get a
>> garden shed and have it placed in that space and fitted out as a 
>> "barn" for
>> my mini-horse.  I would, of course, be using the animal as a guide 
>> during
>> the day and would probably also bring the horse into my apartment 
>> some of
>> the time.  But if I were going somewhere without the service horse, or
>> perhaps for overnights, I would keep the horse in the little shed at 
>> those
>> times, just as a guide dog might be kept in a crate.  If I want the 
>> animal
>> to have "grass time", I would have to either arrange with management 
>> for use
>> of some lawn area where they didn't mind the horse nibbling the grass 
>> (and I
>> would have to be sure that harmful chemicals were not being used on the
>> grass), or I would need to find other places for the horse to run 
>> free or
>> graze, just as some handlers use friends' fenced yards or public dog 
>> parks
>> to give their animals opportunities to relax or play.
>>
>> Since I live in the suburbs in my own home, I can let Panda graze in my
>> backyard and she sleeps in her little "cottage" that is right next to my
>> deck.
>>
>> Hope this helps to answer your questions.
>>
>> Best,
>> Ann
>>
>> -----Original Message-----
>> From: nagdu-bounces at nfbnet.org [mailto:nagdu-bounces at nfbnet.org] On 
>> Behalf
>> Of Lyn Gwizdak
>> Sent: Friday, May 18, 2012 11:00 AM
>> To: NAGDU Mailing List, the National Association of Guide Dog Users
>> Subject: Re: [nagdu] Man in danger of losing service horse
>>
>> Ann,
>> Makes sense to me!  Ann, have you ever heard of anyone using a guide 
>> horse
>> who lives in an apartment building in an urban area?  I know that the 
>> people
>> I know of who use horses live in a more rural area.  Not planning on 
>> a horse
>> for me but curious.
>>
>> In my complex, there's a grassy area that is fenced in but there's 
>> always
>> dog crap there that the lazy people don't pick up.
>>
>> Lyn and landon
>> ----- Original Message -----
>> From: "Ann Edie" <annedie at nycap.rr.com>
>> To: "'NAGDU Mailing List,the National Association of Guide Dog Users'"
>> <nagdu at nfbnet.org>
>> Sent: Thursday, May 17, 2012 1:14 PM
>> Subject: Re: [nagdu] Man in danger of losing service horse
>>
>>
>>> Hi, Lyn,
>>>
>>> If an animal is truly a guide or service animal, then it may be kept at
>>> the
>>> home of its disabled handler, even if zoning regulations prohibit that
>>> species of animal in the neighborhood, just as a service dog is 
>>> allowed in
>>> places where there are "No Pets" policies.  So you don't need 
>>> liberalized
>>> zoning regs in order to keep a guide mini horse on your property.  
>>> But you
>>> would need these changes in order to keep a mini horse as a pet or
>>> companion
>>> animal.  My family got in trouble years ago when my daughter brought a
>>> couple of chicks home from 7th grade biology class, and when the 
>>> chickens
>>> got too big and active to live in our family room and we built them a
>>> lovely
>>> little chicken coop in the backyard, the building inspector came out 
>>> and
>>> told us that we would have to request an exemption from the zoning regs
>>> and
>>> convince our neighbors to support us, if we wanted to keep the 
>>> chickens.
>>> We
>>> chose not to go through the hassle, and instead, found the chickens 
>>> a home
>>> on a farm.  But we have had no trouble with the town or anyone else 
>>> over
>>> Panda's living at our home, since she is well-known to be my guide.
>>>
>>> I agree with you that the so-called "service horse" in the article does
>>> not
>>> sound as if it meets the definition of a service animal under the 
>>> law. It
>>> is doing tasks that any horse might do, not tasks specific to 
>>> mitigating a
>>> disability.
>>>
>>> Best,
>>> Ann
>>>
>>> -----Original Message-----
>>> From: nagdu-bounces at nfbnet.org [mailto:nagdu-bounces at nfbnet.org] On 
>>> Behalf
>>> Of Lyn Gwizdak
>>> Sent: Thursday, May 17, 2012 10:16 AM
>>> To: NAGDU Mailing List, the National Association of Guide Dog Users
>>> Subject: Re: [nagdu] Man in danger of losing service horse
>>>
>>> Yeah, I agree with you about this.  I thought that the tasks - hauling
>>> brush
>>> and stuff - the horse did was something horses do for people all the 
>>> time
>>> and nothing specific to a disability.  Maybe the guy needs to live 
>>> in an
>>> area zoned for horses.  If it was a guide horse or a horse that 
>>> pulled a
>>> wheelchair, then yeah the town would be wrong.
>>>
>>> This is the sort of thing that irritates me - people trying to use
>>> disability laws to allow able bodied folks to have special 
>>> consideration.
>>> They screw up and the fallout comes down on people with disabilities 
>>> using
>>> mini horses to do ADA-approved tasks. This case, a horse in a place not
>>> zoned for them.  Seems to me that if you want livestock or horses, then
>>> make
>>> sure the place is zoned for it before you buy that house.
>>>
>>> Here in my neighborhood, the City Council just amended the zoning 
>>> laws to
>>> allow limited keeping of some kinds of livestock.  We can now have
>>> chickens
>>> but no roosters and I think some small goats.  This change goes with 
>>> the
>>> move to more farming in urban areas.  Goats can provide milk and 
>>> chickens
>>> provide eggs.  This zoning change may even allow guide or service mini
>>> horses. Hmmm, guess I'll have to remember to ask my Councilmember 
>>> when I
>>> see
>>> him next.
>>>
>>> Lyn and Landon
>>> ----- Original Message -----
>>> From: "Marion Gwizdala" <blind411 at verizon.net>
>>> To: "NAGDU Mailing List, the National Association of Guide Dog Users"
>>> <nagdu at nfbnet.org>
>>> Sent: Monday, May 14, 2012 4:22 AM
>>> Subject: Re: [nagdu] Man in danger of losing service horse
>>>
>>>
>>>>    I agree with the Township on this issue. Though the horse may be
>>>> trained to perform specific tasks for its owner, those tasks are not
>>>> associated with his disability and, therefore, do not constitute 
>>>> work or
>>>> tasks as defined by 28 CFR Part 35.104 which states, "The work or 
>>>> tasks
>>>> performed by a service animal must be directly related to the
>>>> individual's
>>>
>>>> disability."
>>>>
>>>> Fraternally yours,
>>>> Marion Gwizdala
>>>>
>>>>
>>>>
>>>> ----- Original Message ----- From: "Criminal Justice Major" 
>>>> <orleans24 at comcast.net>
>>>> To: <Undisclosed-Recipient:;>
>>>> Sent: Sunday, May 13, 2012 12:41 PM
>>>> Subject: [nagdu] Man in danger of losing service horse
>>>>
>>>>
>>>>> Sent: Sunday, May 13, 2012 7:25 AM
>>>>> Subject: Man in danger of losing service horse
>>>>> From the comments:
>>>>> Man in danger of losing service horse has readers debating ordinance,
>>>>> medical marijuana
>>>>> Published: Saturday, May 12, 2012
>>>>> By Amanda Emery
>>>>> temery at mlive.com
>>>>> FLINT TOWNSHIP, MI - A Flint Township man is in danger of losing his
>>>>> service animal - a mini-palomino named Little Nugget.
>>>>> Township officials say the matter is one of zoning regulations and
>>>>> proper
>>>
>>>>> environment. This topic has readers debating whether the man 
>>>>> should get
>>>>> to
>>>>> keep Little Nugget, or if he is breaking the township's ordinances
>>>>> regarding livestock.
>>>>> Carlton Lewis, 46, says the 34-inch-tall miniature palomino helps him
>>>>> move brush and debris from his backyard. Lewis purchased the animal
>>>>> about
>>>
>>>>> six months ago in Lapeer and brought her to his Dye Road home.
>>>>> Lewis was told by township officials he couldn't keep Little Nugget
>>>>> because he is considered livestock. Lewis, who is a medical marijuana
>>>>> caregiver and patient, suffers from neck spurs pushing on his spinal
>>>>> cord, hernias, and knee problems.
>>>>> Lewis was cited for having livestock boarded on improperly zoned
>>>>> residential
>>>>> property, but the citation was dismissed because it referred to the
>>>>> wrong
>>>
>>>>> ordinance, said Tracey Tucker, economic enhancement director and 
>>>>> deputy
>>>>> treasurer for the township.
>>>>> The correct ordinance, Section 14.5-16, states, "No livestock 
>>>>> shall be
>>>>> kept or maintained in any zoning district on parcels of 
>>>>> land...less than
>>>>> 10 acres in area, except that for each dwelling unit the occupant may
>>>>> keep for his personal use domestic pets provided they are not kept or
>>>>> used for commercial or breeding purposes and do not constitute a
>>>>> kennel."
>>>>> The Americans With Disabilities Act added a provision in 2010 which
>>>>> allowed for the use of miniature horses as service animals.
>>>>> While Lewis argues that Little Nugget is a service animal that 
>>>>> helps him
>>>>> to manage cleaning and moving things on his property, the township
>>>>> argues
>>>
>>>>> that she is not a service animal and plans to research the ADA
>>>>> requirements for a service animal.
>>>>> Lewis said he plans to attend the May 31 appearance date set at 
>>>>> the 67th
>>>>> District Court in Flushing.
>>>>> Source:
>>>>>
>>>
>> http://blog.mlive.com/newsnow_impact/print.html?entry=/2012/05/from_the_comm 
>>
>>>>> ents_man_in_dange.html
>>>>> _______________________________________________
>>>>> nagdu mailing list
>>>>> nagdu at nfbnet.org
>>>>> http://nfbnet.org/mailman/listinfo/nagdu_nfbnet.org
>>>>> To unsubscribe, change your list options or get your account info for
>>>>> nagdu:
>>>>>
>> http://nfbnet.org/mailman/options/nagdu_nfbnet.org/blind411%40verizon.net 
>>
>>>>
>>>>
>>>> _______________________________________________
>>>> nagdu mailing list
>>>> nagdu at nfbnet.org
>>>> http://nfbnet.org/mailman/listinfo/nagdu_nfbnet.org
>>>> To unsubscribe, change your list options or get your account info for
>>>> nagdu:
>>>>
>> http://nfbnet.org/mailman/options/nagdu_nfbnet.org/linda.gwizdak%40cox.net 
>>
>>>
>>>
>>>
>>> _______________________________________________
>>> nagdu mailing list
>>> nagdu at nfbnet.org
>>> http://nfbnet.org/mailman/listinfo/nagdu_nfbnet.org
>>> To unsubscribe, change your list options or get your account info for
>>> nagdu:
>>> http://nfbnet.org/mailman/options/nagdu_nfbnet.org/annedie%40nycap.rr.com 
>>>
>>>
>>>
>>> _______________________________________________
>>> nagdu mailing list
>>> nagdu at nfbnet.org
>>> http://nfbnet.org/mailman/listinfo/nagdu_nfbnet.org
>>> To unsubscribe, change your list options or get your account info for
>>> nagdu:
>>> http://nfbnet.org/mailman/options/nagdu_nfbnet.org/linda.gwizdak%40cox.net 
>>>
>>
>>
>>
>> _______________________________________________
>> nagdu mailing list
>> nagdu at nfbnet.org
>> http://nfbnet.org/mailman/listinfo/nagdu_nfbnet.org
>> To unsubscribe, change your list options or get your account info for 
>> nagdu:
>> http://nfbnet.org/mailman/options/nagdu_nfbnet.org/annedie%40nycap.rr.com 
>>
>>
>>
>> _______________________________________________
>> nagdu mailing list
>> nagdu at nfbnet.org
>> http://nfbnet.org/mailman/listinfo/nagdu_nfbnet.org
>> To unsubscribe, change your list options or get your account info for 
>> nagdu:
>> http://nfbnet.org/mailman/options/nagdu_nfbnet.org/linda.gwizdak%40cox.net 
>
>
>
> _______________________________________________
> nagdu mailing list
> nagdu at nfbnet.org
> http://nfbnet.org/mailman/listinfo/nagdu_nfbnet.org
> To unsubscribe, change your list options or get your account info for 
> nagdu:
> http://nfbnet.org/mailman/options/nagdu_nfbnet.org/bjnite%40windstream.net 
>
>
>

More information about the NAGDU mailing list