[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.
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_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.”
Our dog Yogi hated the cold, elevated examination table at the cancer clinic.
So veterinary oncologist Cheryl Harris got down on the floor to give him his chemotherapy treatments.
And they worked.
Thanks to Dr. Harris, Yogi enjoyed the highest quality of life with little discomfort. He continued his long walks in the woods and premier snuggling at home, with excessive spoiling.
Throughout Greater Cincinnati, Dr. Harris is the highly regarded, go-to specialist for many dogs and cats suffering cancer.
In her modest storefront clinic with six staff members, bulletin boards on the walls are crowded with pet photos and thank you notes. Sometimes pet owners are in tears in the waiting room. But more often than not, knowing that Dr. Harris is in charge, there seems to be a calm optimism.
For her excellence and compassion, Queen City Pets designates Dr. Harris as its first Pet Hero.
Check out the video of Dr. Harris treating Yogi.
Here is QCP’s profile of Pet Hero Cheryl Harris, D.V.M, Diplomate, American College of Veterinary Internal Medicine, Oncology.
Owner: Veterinary Oncology and Referral Clinic, 931 State Route 28, Suite 201; Milford, Ohio 45150.
Degrees: DVM, The Ohio State University Veterinary College of Medicine; Internship at University of Minnesota; Residency at University of Illinois.
Wild about Walnut Hills High School. A 1980 graduate, Dr. Harris says, “Walnut Hills is the reason I am who I am today.” She earned so many college credits in high school, that she was accepted to vet school at Ohio State after two years. “I don’t have an undergraduate degree,” she said, smiling.
A sampling of her work day (about 14 hours): 35 appointments, only 25 scheduled; seven emergencies; then phone calls and about 1 ½ hours working on records at the end of the day, on the couch.
Personal: Age 53. Single. Grew up in North Avondale; Lives in Blue Ash with her three German Shorthair Pointers, a cat and three fish. The dogs go to the office with her.
Athletic: Dr. Harris ran long distance on Ohio State’s track team and continues to run with her dogs. She also mountain bikes and is one of only about 10 women out of 140 ice hockey players on the Huns Hockey Team locally.
Avid reader: Dr. Harris likes mysteries and action/adventure writing. Currently she is reading “The Escape” by David Baldacci.
Her wish: Cures for cancer, rather than just treatments.
Her worry: That the cures, which she believes will happen, will not be affordable for most people, and so they will not survive in the marketplace.
If she were not a vet…. Dr. Harris said she would sell running shoes, where the worst thing that could happen would be coping with “stinky feet.”