My big fat chicken fight

[Tweeza]

So glad for the update. Being a college student and not being able to check every day you do miss a few posts if they get pushed down fast.

I sure hope you win your battle. You'd think that the council members wouldn't mess with this and just give you what is obviously within your rights. If someone were to complain they'd just have to say that under the ADA you have the right. Just don't get why they are wasting everyone's time and money. Sounds like a control issue problem.

Don't give up, you can do this. Please keep us posted.

ETA: If a doctor went to all things like this they'd not have time to see the patients that need to be seen. You'd think a judge would be more compassionate to a doctor and his patients.

 

[littlegorb]

control is exactly the problem here. they do not want people to be happy here, just stay in line or else!

when i cited the ADA rules, the judge could for some reason not look them up and said they did not apply. i don't think that they realize not everybody is as ignorant as our council members, chief of police, the city clerk, and the county prosecutor.

the judge in my case would not allow my dr. note as he was not there to testify. i represented myself and they took full advantage of that.

it's another case of the "good ol' boy" syndrome as well as control.

i am confident i can prevail in this case. alot of other people who signed my petition, (which they ignored), want a few hens as well, so there is support, it's just that nobody wants to stand together, they expect ONE person to do it all, then they don't have to be ridiculed.

thanks for reading this thread, there's alot of goodies here eh? by the time i'm done with this chicken deal, i may as well go to law school!

 

[Big C]

Good luck on your suit!
Luckily here those incharge just want you to add anything so they can raise your taxes.

 

[Wifezilla]

Love your spunk

 

[chickenbottom]

when code enforcement came here i refused to sign it

 

[littlegorb]

i have a person to speak on my behalf (i am social phobic). and at the council meeting she suggested if we are allowed to have chickens, then charge a permit fee. that way they can have their precious control, right? they were griping about how to pay for this small downtown park's maintenance, and the permit money would pay for that. but NAY! actually, they never voted on my request to amend the ordinance, so i believe it is still an open issue.
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[horsejody]

Good luck with your fight. Keep us posted.

 

[Sonoran Silkies]

I just did a bit of googling about service animals, therapy animals ADA requirements and the Fair Housing Act. The Fair Housing act does require that you be allowed reasonable accomidation (such as exclusion to a No Pets Rule) for either service or therapy animals. There are a few exclusions to this, and it is very clear that the act deals with individual property owners, not the government. A good lawyer might be able to make a case that a zoning exception would be appropriate, but also might not.

Therapy and emotional support animals are specifically excluded from ADA access requirements.

A note from your doctor is sufficient evidence for a landlord under the Fair Housing Act, however it will not hold up in court. The doctor him/herself must be present to make that statement, it must have been stated during a deposition or the authenticity of the note must be independently verified. If signed in the presence of a notary it might be admissible.

If you are able to appeal the decision, you really need to be represented by a lawyer.


Check your local and state laws relating to petitions. Exactly what is required to present a petition to the city and have it considered on their agenda may be very specific. For example, Arizona has very specific laws relating to petition circulators; a specific number of signatures may be needed. You should also check to see whether a use permit or variance is available, and the steps needed to acquire such.

 

[littlegorb]

thank you Sonoran,
i have done alot of research as well but am confused about the landlord thing. i own my own home, i do not rent. at the city meeting i asked about a variance and that can be expensive. the only neighbor that griped about my girls have their house for sale, so i would think if they protest, it should not matter.

the Nebraska Equal Opportunity Commission is equal to HUD, so they have the right to enforce the ADA rules. i don't think they would have accepted my complaint if i had no ground to stand on.

to give you an idea of the mindset of our city council, here is what one of them said at the last meeting, concerning a mobile home community here in town. "Maybe the problem is that there are too many people in that trailer park, can’t we pass an ordinance to restrict the amount of land they can have and cut down on the number of people that live there?” WHAT??!! the city attorney quickly put him in his place. but it gives you an idea of how they think.

i am waiting to hear from the NEOC investigator today or tomorrow, so i will update any news then.

as far as the ADA and access requirements, i am not asking to take my chickens out to eat with me, or shopping at the grocery store. i just want them here in my backyard, that is my dwelling, and i should be able to fully enjoy my dwelling.

tricky huh? under the fair housing act, the city should have considered my doctor's note and i should never have been charged and prosecuted in the first place. the city allows only dogs and cats, yet people have rabbits, snakes, parakeets, hampsters, etc. and they know. thus the selective enforcement.

 

[redhen]

Good luck! I hope you win!!