CINCINNATI–Well, not really, not 50 outfits. But these gorgeous Greyhound sisters are reputed to have numerous fashionable outfits to combat the chill on their walks with owners Jack and Mary-Bob Rubenstein. The Amberley Village couple, pictured in their matching Cincinnati Bengals caps, rescued Lucy and Annie, 8, from a racetrack in Birmingham, Ala., six years ago through Queen City Greyhounds. When not walking his dogs, Mr. Rubenstein has been designated as a “Super Lawyer®” and is considered one of the top-rated criminal defense attorneys in Ohio.
[av_textblock size=” font_color=” color=”] Amberley Village, Ohio—Our dogs had a four-way smell at a park here recently where they usually exhibit fine manners. Photo by Queen City Pets® www.queencitypets.com.
[av_textblock size=” font_color=” color=”] Mark Higgins and his wife Emmy on their daily walk with Annie in her adapted stroller. Annie’s brother BoBear, from the same litter, stays close by.
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[av_textblock size=” font_color=” color=”] By Barbara L. Morgenstern, Publisher Queen City Pets®
CINCINNATI– Annie, an 8-year-old Golden Retriever, lost her right front leg to bone cancer last February.
The brave girl couldn’t wait to get back to her daily romps in the park with her brother BoBear and her owners Emmy O’Mahoney-Higgins and her husband Mark Higgins of Cincinnati.
And back she is.
“She’s able to hop about a mile on a very good day,” said Ms. O’Mahoney-Higgins. “Usually she does a bit of running around and then gets into her ride.“
Annie’s “ride” is a child’s jogging stroller that Mr. Higgins adapted for their dog, so she could continue to enjoy her walks with the family who loves her so much.
By Barbara L. Morgenstern, Esq. Publisher, Queen City Pets®
Your home is your castle, the saying goes.
And for most of us, it is our largest financial investment.
With so much at stake, the zoning ordinance of Blue Ash, Ohio, prohibiting farm animals at residences is common, municipal law.
Barnyard animals and their smells easily could threaten property values in a suburb such as Blue Ash.
But change forces new paradigms. This change involved testing the boundaries of reasonable accommodations for the disabled, despite Blue Ash’s zoning restrictions.
The change reflected medical recognition of “Hippotherapy”—therapy through the use of horses. Complicated, evolving federal law came in to play.
In the federal court battle that just settled in Blue Ash (see “Miniature Therapy Horse Rocks Zoning Law…“), one of the top doctors at the world-renown Cincinnati Children’s Hospital Medical Center recommended Hippotherapy for a severely disabled child, by means of a miniature therapy horse named Ellie, just 28 inches tall.
The settlement allows Ellie to remain in the girl’s backyard, with strict rules. Waste removal figures prominently. The consent degree allow U.S. District Judge Timothy S. Black to remove Ellie for violations. Time will tell.
Artists, not so much miniature horses, often challenge the status quo.
This year, musician Bob Dylan won the Nobel Peace Prize for Literature in recognition of his poetic lyrics from the tumultuous 1960s.
A miniature horse and poetry, both nudging change.
As Dylan sang in The Times They Are A-Changin’:
“Come gather ‘round people wherever you roam
And admit that the waters around you have grown….”
Ellie, 28 inches tall, had lawyers in Cincinnati’s federal court battling over Blue Ash’s “no farm animal” ordinance versus federal disability law. The horse can live in a disabled girl’s backyard under strict rules, including waste removal.
By LaTeigra Cahill, Esq.
BLUE ASH, Ohio— Not every horse can be a Seabiscuit.
But to a disabled, 16-year-old girl here, a miniature therapy horse named Ellie is a champion deserving of a garland of roses.
Recently, the two were united here after settlement of a federal court battle.
Now in the girl’s backyard, the medically prescribed Hippotherapy—therapy through the use of horses—can continue, instead of at a stable.
At issue in the lawsuit was the city’s zoning ordinance prohibiting farm animals in this upscale suburb of Cincinnati, population 12,000. The plaintiffs contended that rule collided with federal disability and fair housing laws.
“People hear ‘horse’ and they get very frightened,” explained the girl’s attorney, Kathleen Farro Ryan of the Cincinnati law firm of Manley Burke. “But when you look at how small these animals actually are, it’s just amazing.”
The blue-eyed, mini-horse measures 28 inches tall, smaller than a St. Bernard dog.
The girl’s mother, Ingrid Anderson, filed the lawsuit in 2014 in Cincinnati’s U.S. District Court.
The girl, known as “C.A.” in court papers because she is a minor, suffers from cognitive and motor delays; seizures; autism spectrum (ASD); chronic lung disease; scoliosis; feeding problems; chronic allergies with ear/sinus complications; autonomic instability; and behavior, visual and hearing deficits, according to court documents.
[av_textblock size=” font_color=” color=”] About the author…
LaTeigra C. Cahill, Esq.,
With a name like LaTeigra (which means “the tiger,”) LaTeigra always has had love and respect for animals. LaTeigra worked as one of Barbara Morgenstern’s interns at the First Amendment Project in Oakland, Calif., a non-profit that defends the rights of journalists.
LaTeigra worked as a public interest attorney for several years where she represented low-income persons in a variety of civil and domestic disputes in both New Mexico and the Navajo Nation. Her experiences with animal law have included cases over cattle rustling, estate planning for livestock and disputes over grazing permits for sheep in the Navajo Nation.
She currently lives in New Mexico with her boyfriend and their two dogs, Cussie and Jasper, who were both once “rez dogs,” the term used for stray dogs on Indian Reservations. Cussie loves to chase prairie dogs and lizards. Jasper prefers to chase tennis balls and her tail.
The girl’s mother, Anderson, must employ a waste pickup service to pick up waste three days per week and she must pick up waste an additional two days per week.
Waste must be placed in a sealed container.
Ms. Anderson is limited to owning no more than the animals she has at the site now – six dogs, two rabbits and the horse.
Judge Timothy S. Black will maintain continuing jurisdiction over the case and will order removal of the horse after an evidentiary hearing, if the court determines Ms. Anderson is not in compliance.
Complicated and evolving federal law characterized this case.
Ellie’s presence is specifically a “reasonable accommodation under the Fair Housing Amendments Act (FHAA,)” explained Ms. Ryan. “I would not say she is there for “C.A.’s therapy” per se, as the use of therapy in this context is fairly imprecise. I would instead describe her as serving the purpose of an emotional support and therapy animal under the FHAA.”
Dr. Ronald S. Levin, Professor Emeritus and now Retired Director of the Complex Care Program at the Center for Infants and Children with Special Needs at Cincinnati Children’s Hospital Medical Center, recommended Hippotherapy for C.A. in 2010.
“We have no complete cure for her Autism, Seizures, Behavior, or Developmental conditions and medications for them are limited and can have serious side effects,” Dr. Levin wrote in his expert report.
“Thus, we take a Holistic approach and look for other therapies and supports in the Community that may supplement her care. This includes the use of service and therapy animals (Animal Assisted Therapy – AAT) which dates back at least two thousand years and whose benefits have been well-documented in the Literature.”
“Hippotherapy is beneficial for (C.A.) because it incorporates many avenues of traditional therapy including physical, occupational, speech and language,” according to Dr. Levin.
With the prescribed therapy involving a horse, the city’s zoning laws generally prohibiting farm animals collided with the plaintiff’s view of federal law.
The litigation has been contentious. After a series of disputes with the city—including complaints of smells–Blue Ash officials cited Ingrid Anderson, C.A.’s mother, for violating the “no farm animal” zoning ordinance by having Ellie on her property. The family also owns six dogs and two rabbits, according to court documents.
In federal court, the city argued location. “This lot is located in the middle of a residential neighborhood…Boiled down, this case is about one thing: Plaintiffs want to house a miniature horse in the backyard of a two-tenths of an acre lot they rent.”
The city maintains its zoning laws are reasonable, noting that the city permits “suburban farms” in Blue Ash on lots of at least five acres.
Blue Ash also said C.A.’s Hippotherapy might be more effective if it took place in a larger space, and Dr. Levin agreed the therapy could be conducted at a local stable.
Attorney Gary E. Becker of Cincinnati-based law firm of Dinsmore represented Blue Ash in the court case. Mr. Becker declined to comment on the settlement because of the “continuing jurisdiction” of Judge Black.
C.A.’s attorney Ms. Ryan is a former urban planner who has worked on a variety of zoning-specific cases.
An Ohio advocate for the disabled said the case brings into focus the concepts of “equal” versus “special” in disability law.
“This young girl should have the same opportunities to enjoy her home as any other child who doesn’t have a disability” said Kevin Truitt, an attorney at Disability Rights Ohio.
“Any other child without a disability is able to enjoy their backyard, to play in their backyard, to get exercise and recreation where as (C.A.) needs a miniature horse to do those things,” said Mr. Truitt.
“It equalizes the playing field, giving her opportunities to have that same enjoyment of her home as any other kid would have. The purpose behind federal laws like the ADA and the FHAA is not to ensure that people with disabilities are treated “special” but to ensure that they are treated equally.”
There is poignancy in that both Ellie the miniature horse and C.A. share developmental problems.
Undesirable as a show horse because her two back knees are rotated, doctors nevertheless consider Ellie an ideal animal for C.A.
The case ricocheted through the federal court system. C.A. initially lost before Judge Black, but appealed to the U.S. Sixth Circuit Court of Appeals, a court one notch below the U.S. Supreme Court.
The appellate court returned the case to Judge Black, noting that the court had not fully explored the facts and certain federal law banning discrimination might apply.
Time will tell whether miniature horses will become more mainstream.
In C.A.’s case, Ellie was prescribed as a therapy animal. However, attorney Ryan said lawmakers in 2011 amended the ADA to also include miniature horses as service animals.
“The only animals you can use under the ADA as service animals are dogs and miniature horses,” Ms. Ryan explained.
This revision could be dramatic because persons who need service animals under the ADA—as opposed to needing a support animal for emotional needs, for example—are less restricted, “she said.
“Service animals can be used indoors, ” Ms. Ryan explained. “You can bring them on planes, you can use them in classrooms, you can bring them to work, you can do everything that you can do with a dog [if the] miniature horse is a service animal.”
The idea of seeing a horse in a public place might seem surprising, Ms. Ryan said. But the day might come when it is common place, depending on how courts interpret the ADA revision, she said.
[av_textblock size=” font_color=” color=”] By Barbara L. Morgenstern, Esq. Publisher, Queen City Pets® www.queencitypets.com
As flooding again bombards Louisiana in biblical proportions, Marley the Labrador Retriever enjoys the love and safety of her adoptive family here in Cincinnati.
Photo provided by OAR
A nightmare revisited from Hurricane Katrina, animals are rescued once again in massive Louisiana flooding. Click for full story.
She escaped death in 2005 when Hurricane Katrina hit Louisiana.
Marley went from “doggy hell to doggy heaven,” said her owner Ken Paley of Cincinnati.
Now, more than a decade later, animals in Louisiana again are depending upon the kindness of strangers for their survival.
On August 12, Denham Springs Animal Shelter in New Orleans made a bold move to save its animals, according to the Huffington Post.
The shelter was engulfed in rising floodwaters. Staff and volunteers fought to save as many animals as possible but eventually unlatched the kennel’s doors so that the dogs could swim out and climb onto the facility’s roof to safety, according to the shelter’s GoFundMe page.
The Louisiana Veterinary Medical Association has asked for donations to go to LSART, the state’s animal disaster response and rescue organization. Contributions can be made through the association’s website.
Marley survived Hurricane Katrina’s epic destruction, then battled for her health once rescued. Twice she endured brutal heart worm therapy–“shots in the back and six weeks in a cage,”Mr. Paley said.
Life is a charm now for Marley, estimated to be 12-13 years old. Mr. Paley, 65, vice president of Marketing for Episcopal Retirement Services, takes Marley to work every day and the 52-pound female also visits a nursing home as a service dog.
“She was in very rough shape, afraid of everything,” Mr. Paley remembered. “She would cower if you raised your hand or your voice.” The dog was so traumatized, she would not bark for a full year, he said.
Marley’s journey from Louisiana to Cincinnati was circuitous.
Brimming with health now, Marley is an estimated age 13.
It began when Mr. Paley volunteered with 16 others from his church, Horizon Community Church in Newtown, to clear debris from home sites at a community outside of New Orleans, making room for FEMA trailers.
Shocked by the destruction, with chain saws, a Bobcat compact excavator and other equipment, the volunteers cleared things like cars from people’s living rooms and a boat from a porch. The victims were so grateful, sometimes they cried, he remembered.
When Mr. Paley returned to Cincinnati, there was more crying—his wife Pam was moved to tears when she saw a TV news story reporting that two planeloads of dogs and cats had been rescued from the Katrina disaster and had been airlifted to Cincinnati.
Lining up at the SPCA in Sharonville after background checks, potential adopters or foster care volunteers could only say “yes” or “no” when offered a dog, he explained. There was no shopping. Marley became family at that moment.
The Paley’s children, Jeff and Lauren, now in their 20s, named their new pet from Louisiana after the reggae singer Bob Marley, he said.
Gentle Marley gives back by serving as a service dog at a nursing home.
Madeleine Bransford, left, a student at UC’s prestigious College of Design, Architecture, Art and Planning (DAAP), with her professor Margaret Voelker-Ferrier and dog Pun’Kin ponder the intricacies of pattern making. Toting her pint-sized pet to class in her purse, Madeleine’s dog became the darling of the program.
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[av_textblock size=” font_color=” color=”] By Barbara L. Morgenstern, publisher
UNIVERSITY OF CINCINNATI — The irony of her rescued dog’s life sometimes saddens Madeleine Bransford, a recent graduate here.
For it was the ordeal of his leg amputation that won him his freedom from a miserable life in a puppy mill.
“He has such a good life now,” said Ms. Bransford, 23, whose four-pound, six-year-old pet became the darling of the Fashion Design Program at UC’s prestigious College of Design, Architecture, Art and Planning (DAAP) here.
She said Pun’Kin , so named because he was adopted on Halloween. likely was used as a breeding dog until his leg became infected by an imbedded blanket string and his neglectful owner brought him to a veterinary. Ms. Bransford said the veterinarian also suspected that the dog’s bark had been silenced by a pipe jammed down his throat.
Pun’Kin was weak and there was doubt whether he would survive, so the breeders did not want to pay for the amputation and decided to put him down. “Someone that worked at the vets luckily took him in, “she said, eventually leading to his recovery and adoption.
Toting her pint-sized pet to class in her purse, Pun’Kin hung out with adoring DAAP students in fashion design classrooms filled with yards of chiffon, tailoring woolens, hand and machine-made knits, and skeins of cashmere and Alpaca.
“Everyone wants to see him,” she said. “It’s kind of like therapeutic.”
Although Pun’Kin’s tininess is part of his charm, she warns against becoming mesmerized by size when selecting a dog. “Basically, because he’s so small, everyone loves him,” she explained. Pun’Kin is short of 12 inches long, she said.
However, there are down sides. “Being bred so small has health issues, but puppy mills don’t care,” she said.
Ms. Bransford is among the university’s elite DAAP students whose course work includes mandatory cooperative education components where students work full time in the fashion industry on alternating semesters. She found her talent in accessories and surface design and has worked in coop jobs in Kenai, Alaska; Los Angeles; Columbus; and New York City.
Despite the glamour and pull of her career, Ms. Bransford’s aspirations also are influenced by the little dog who captured her heart. “I want to be happy and take care of me and my dog.”
[av_heading heading=’FREE FIXING, RABIES VACCINE AVAILABLE FOR ALL HAMILTON COUNTY CATS IN 2016′ tag=’h3′ style=’blockquote modern-quote modern-centered’ size=” subheading_active=” subheading_size=’15’ padding=’10’ color=” custom_font=”][/av_heading]
[av_textblock size=” font_color=” color=”] By Barbara L. Morgenstern, Esq.
HAMILTON COUNTY, Ohio — No matter if a cat is your pet, a stray, hangs out in a barn or is among those free spirits we call “feral,” the feline population here can get important medical services at no cost in 2016.
For a cat to be spayed or neutered and to receive the rabies vaccine, all free, sponsors advise:
Whoever brings in a cat must have a valid Hamilton County address.
Book an appointment by calling 513-871-0185.
The year-long, Hamilton County, Ohio, program is an effort to decrease cat euthanasia at the county’s animal shelter because of overpopulation.
The surgery and vaccine can be provided at two clinics, the Ohio Alleycat Resource (OAR) in Madisonville or the United Coalition for Animals (UCAN) in Camp Washington.
The Joanie Bernard Foundation, a trust that funds groups that work to help save cats in the Greater Cincinnati area, is funding the one-year program, in a joint venture with the SPCA Cincinnati and OAR.
The program is an effort “to decrease the intake and euthanasia rate at the SPCA,” according to OAR.
“OAR and the SPCA have been working, since 2013, to increase the number of cats finding ‘live outcomes’ (adoption, release) at the the SPCA.
This has included a project to fix and release feral cats brought to the SPCA, and to have more “no-ill” rescues pull cats from the SPCA for their own group to adopt out.
We hope, with this effort, to remove any hurdles families might face to fixing their cats, in an effort to control the cat population and end shelter euthanasia of healthy cats in our country.”
In her continuing column, Certified Chef Diana Klein creates “Fido Fare” and “Family Fare” from many of the same ingredients, this time using canned pumpkin.
Chef Diana aims to save time and provide readers with healthful recipes for our dogs as well as for our families.
It is our experience that if you take a pocketful of these dog treats on your walks, you will make lots of canine friends. And if you get super hungry, go ahead and share one with your dog (this has happened!) All the ingredients are healthful.