I just got a letter from the zoning board :*(

[heather112588]

That picture with her asleep is so powerful and moving...include it! i've been following your threads for awhile but this is the first time i've commented. I'm so sorry that both of you must go through all this drama and i wish you all the best of luck.

 

[sixlittlechicks09]

Good luck with this!
If you can get a doctor to prescribe "Emotional Support Animals" and label the ducks as such, it's against the law for the city not to allow you to keep them. I just went through a similar thing, I was diagnosed with manic-depressive disorder and severe social anxiety just this past year. My parent's had always just called me "sad" but after talking to a medical professional, they realized it was more than that. They got our chickens just a few months later, and they have COMPLETELY changed my life. Going back to college this fall, I was a wreck. So we talked to a psychiatrist and he suggested that since I was fiercely against any more medication, an emotional support animal could be the answer. I ended up getting a kitten, and submitted all the paperwork to my college. They refused, saying it was against the pet policy our campus has. We again talked to the psychiatrist, and he said under the Disabilities act, an "Emotional Support Animal" legally ranks the same as a Service animal. So we presented that to the college, they immediately realized if they didn't comply we could sue them for all they're worth, and let me have my cat. There are some great websites out there, and I would fight this hard if your letter (which is great btw) doesn't work.
http://servicedogcentral.org/content/node/256 has a great list of legal jargon that is used when dealing with ESA's, and really helped me with my school.
Good luck to both you and your daughter, I know how awful depression can be and how much better those little beaked faces can make it!

 

[alleyjazz]

I work with the planning board in my community and pulling at the heart strings really works. My two cents is to NOT contact the newspaper. The board may not appreciate that degree of strong arming them. I think the letter from the Doctor is crucial and perhaps a petition signed by neighbors who have no issue with your ducks. I would also bring your daughter and parents to the meeting. Have your parents speak briefly about their beloved grandaughter and the difference the ducks have made in her life. I would also have your daughter stand up and tell the Board that she loves her ducks and please grant her permission to keep them. The Board will have a very hard time denying her if she's right there looking at them. Chances are pretty good that they are parents and/or grandparents themselves. Bring a picture of your duck run and a picture of the ducks. Lastly, if you were required to pull a building permit for the duck house, I would go do it now, apologize and tell them that you had no idea that a permit was required. Make sure you are extra nice to everyone.

 

[jerseygirl1]

I vote with a letter from the doctor saying your daughter needs to have them. And that picture of her with the ducks, I don't think anyone on any planning board would say no to that. That would bring tears to anyones eyes.

PS/ I think you should get seramas anyway and keep them indoors................

 

[Qi Chicken]

Oh goodness, my fingers are all wet from wiping away the tears! I do hope she gets to keep the ducks. Please submit the changes you mentioned, spell check doesn't get everything and you don't want any mistakes in this most important letter. I would not contact the media either. If they refuse....Well, then I might reconsider!!

Good luck to you, you've written a beautiful letter. Get those other documents of support, the therapy animal thing is a great idea. And please keep us updated! I would also have a picture of the ducks grown up to present if requested. A picture that makes them look very inoffensive! Everyone knows that baby animals are cute but they may want to know what these adorable babies grew up to look like, what the neighborhood is actually dealing with now. They were actually smaller than I thought they would be. I think I was thinking of geese. I do hope a duck and a goose are completely different or I am going to sound like a complete idiot. Probably already do, but oh well.

 

[FireTigeris]

Uh, just so you know... (in reference to the cat post)

"The ADA has never wavered from their position that service animals are not pets and that the animal must be trained to perform a task. While the ADA does extend protection to psychiatric service dogs that have been trained to mitigate an individual's disability, ADA protection does not extend to emotional support animals unless the animal has been trained to perform a mitigating task. Keep in mind that the "mitigating task" performed by the service animal must not be a behavior or response natural to the animal. Even if you have a DSM-IV disability, teaching an animal to comfort you by jumping up in your lap and licking your face to calm or lessen your anxiety or panic attack would not rise to the level of a trained service animal protected by the ADA. This is supported by the Justice Department that provided the following statement in April, 2004: “Typically, comfort, emotional support animals by their very presence certainly performs a valuable service, but it's an innate ability. It's their mere presence. It doesn't reach the level of having been trained to do work or perform tasks.” Because of this confusion and reports of increasing numbers of individuals abusing the ADA protection by claiming their pets are ADA protected service animals, the ADA is looking to more narrowly define service animals."

http://www.ada.gov/qasrvc.htm

. Q: What are the laws that apply to my business?

A: Under the Americans with Disabilities Act (ADA), privately owned businesses that serve the public, such as restaurants, hotels, retail stores, taxicabs, theaters, concert halls, and sports facilities, are prohibited from discriminating against individuals with disabilities. The ADA requires these businesses to allow people with disabilities to bring their service animals onto business premises in whatever areas customers are generally allowed.

2. Q: What is a service animal?

A: The ADA defines a service animal as any guide dog, signal dog, or other animal individually trained to provide assistance to an individual with a disability. If they meet this definition, animals are considered service animals under the ADA regardless of whether they have been licensed or certified by a state or local government.

Service animals perform some of the functions and tasks that the individual with a disability cannot perform for him or herself. Guide dogs are one type of service animal, used by some individuals who are blind. This is the type of service animal with which most people are familiar. But there are service animals that assist persons with other kinds of disabilities in their day-to-day activities. Some examples include:

_ Alerting persons with hearing impairments to sounds.

_ Pulling wheelchairs or carrying and picking up things for persons with mobility impairments.

_ Assisting persons with mobility impairments with balance.

A service animal is not a pet.

3. Q: How can I tell if an animal is really a service animal and not just a pet?

A: Some, but not all, service animals wear special collars and harnesses. Some, but not all, are licensed or certified and have identification papers. If you are not certain that an animal is a service animal, you may ask the person who has the animal if it is a service animal required because of a disability. However, an individual who is going to a restaurant or theater is not likely to be carrying documentation of his or her medical condition or disability. Therefore, such documentation generally may not be required as a condition for providing service to an individual accompanied by a service animal. Although a number of states have programs to certify service animals, you may not insist on proof of state certification before permitting the service animal to accompany the person with a disability.

4. Q: What must I do when an individual with a service animal comes to my business?

A: The service animal must be permitted to accompany the individual with a disability to all areas of the facility where customers are normally allowed to go. An individual with a service animal may not be segregated from other customers.

5. Q: I have always had a clearly posted "no pets" policy at my establishment. Do I still have to allow service animals in?

A: Yes. A service animal is not a pet. The ADA requires you to modify your "no pets" policy to allow the use of a service animal by a person with a disability. This does not mean you must abandon your "no pets" policy altogether but simply that you must make an exception to your general rule for service animals.

6. Q: My county health department has told me that only a guide dog has to be admitted. If I follow those regulations, am I violating the ADA?

A: Yes, if you refuse to admit any other type of service animal on the basis of local health department regulations or other state or local laws. The ADA provides greater protection for individuals with disabilities and so it takes priority over the local or state laws or regulations.

7. Q: Can I charge a maintenance or cleaning fee for customers who bring service animals into my business?

A: No. Neither a deposit nor a surcharge may be imposed on an individual with a disability as a condition to allowing a service animal to accompany the individual with a disability, even if deposits are routinely required for pets. However, a public accommodation may charge its customers with disabilities if a service animal causes damage so long as it is the regular practice of the entity to charge non-disabled customers for the same types of damages. For example, a hotel can charge a guest with a disability for the cost of repairing or cleaning furniture damaged by a service animal if it is the hotel's policy to charge when non-disabled guests cause such damage.

8. Q: I operate a private taxicab and I don't want animals in my taxi; they smell, shed hair and sometimes have "accidents." Am I violating the ADA if I refuse to pick up someone with a service animal?

A: Yes. Taxicab companies may not refuse to provide services to individuals with disabilities. Private taxicab companies are also prohibited from charging higher fares or fees for transporting individuals with disabilities and their service animals than they charge to other persons for the same or equivalent service.

9. Q: Am I responsible for the animal while the person with a disability is in my business?

A: No. The care or supervision of a service animal is solely the responsibility of his or her owner. You are not required to provide care or food or a special location for the animal.

10. Q: What if a service animal barks or growls at other people, or otherwise acts out of control?

A: You may exclude any animal, including a service animal, from your facility when that animal's behavior poses a direct threat to the health or safety of others. For example, any service animal that displays vicious behavior towards other guests or customers may be excluded. You may not make assumptions, however, about how a particular animal is likely to behave based on your past experience with other animals. Each situation must be considered individually.

Although a public accommodation may exclude any service animal that is out of control, it should give the individual with a disability who uses the service animal the option of continuing to enjoy its goods and services without having the service animal on the premises.

11. Q: Can I exclude an animal that doesn't really seem dangerous but is disruptive to my business?

A: There may be a few circumstances when a public accommodation is not required to accommodate a service animal--that is, when doing so would result in a fundamental alteration to the nature of the business. Generally, this is not likely to occur in restaurants, hotels, retail stores, theaters, concert halls, and sports facilities. But when it does, for example, when a dog barks during a movie, the animal can be excluded.

If you have further questions about service animals or other requirements of the ADA, you may call the U.S. Department of Justice's toll-free ADA Information Line at 800-514-0301 (voice) or 800-514-0383 (TDD).

Most businesses even collages don't know the new (2010) definitions the ADA is using (I know because I worked with service animals) but using this as a "The ADA protects me" is not right and a town's lawyer should know the new rules and might just make a point of you.

Just be careful never to say the ducks are ADA protected, they are not. Medically necessary yes they are, but not currently protected by the ADA because other people ruining it.​

 

[dawnjoennikki98]

Hi everyone! nothing really new to report on the ducks and the town, just a waiting game right now. But I wanted to pop in and say thank you again for all of the amazing support and advice!

. I sent the letter as the town requested, and am waiting to hear what the next step is.
As if life were not hectic enough, most of you know we got that blizzard almost two weeks ago in New Jersey. Well, I was not totally prepared for 3 feet of snow!

. the ducks have been in their shed now for two weeks,(8 ducks, 8 x 12 ft. shed) something i never wanted to do, but they are handling it very well. Today was the first day they got to go out into their run since the storm, as it was totally inaccessible. I've slowly been shoveling to it. And guess what, It's snowing again now!! lol.
Then Wednesday, my daughter fell and hurt her leg in gym class. I work full time, and because of the snow and this, i've missed so much work. So anyway, she is now in a cast, with a fractured growth plate. I've never even heard of that before. But she is handling it all very well, I'm very proud of her. the Ortho says it's not a serious break that would require surgery to protect her growth, so thank god for that!

I did receive a letter from the zoning board. I'm not getting my hopes up, but to me it is a sign of good things (maybe?). In the original letter from the town, it was a combination of telling me ducks were not allowed and to either get rid of them or apply for a waiver by Jan. 14th, and also that I needed to apply for a permit for the run or take it down. Well this letter I just received says
"In regards to your recent letter to the mayor and council, I'm writing to inform you that even though the structure for your ducks is not permanent, you are still required to have a permit. Please fill out these forms, and bring them in to "so and so" by Jan. 20th, on a Thursday between 2 and 7pm to apply for a permit. Thank you for your cooperation in this matter"

I know it's totally unrelated to the waiver for the ducks, but it gave me a little bit of hope. Anyway thanks again everyone, I really was falling apart before I posted on here and got all this wonderful advice and support!

Dawn

 

[chicks4kids]

Well your recent letter is a sign of hope for sure....whoever sent it, must want to make sure that you have everything in order. Again Good Luck and thanks for keeping us updated!

 

[Tap Dancing Chickie]

Thanks so much for the update, please keep us posted. I home your daughter is on the road to recovery. Just hang in there, we are all thinking of you and wish you the best for the new year !!

 

[Jacklynn]

I'm praying that you and your daughter can keep your ducks.

Ill be watching this thread.