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Miniature Horses
legal Designation
This story courtesy of
the Guide Horse Foundation Mini Horse News
http://www.guidehorse.com/law_n_news.htm
The surging popularity of miniature horses and Guide Horses for the
Blind has caused a re-thinking of laws relating to horses.
The Americans with Disabilities Act allows Guide Horses to reside
anywhere, but the law is vague regarding miniature horses used as
therapy and "emotional
support" animals. To qualify to keep a miniature horse in a
suburban or urban area, the disabled person must have a recognized
disability and the miniature horse must be able to assist the person.
The greatest debate is about whether miniature horses should be
classified as livestock, exotic animals or companion animals.
- Livestock Animals - This has been
the traditional classification for horses. The livestock designation
limits the rights of horses and allows horses to be slaughtered for
food. The livestock designation also allow for State and Federal
funds to be applied to the horse industry, providing show areas and
public horse facilities.
- Companion Animals - The companion
animal designation (same as dogs, cats) would give greater rights to
horses but limits their usefulness as working animals.
- Exotic Animals - Many people are
challenging the courts to re-designate miniature horses as exotic
animals, allowing them to live in areas that are not zoned for
livestock. Opponents of this measure note that miniature horses
might fall prey to neighborhood dogs and suffer from excessive
domestication.
Numerous cases have been won by miniature horse owners who
challenged existing livestock laws and won the rights to keep their
miniature horse in suburban areas.
In Ridgewood Homeowners Assn. v. Mignacca (2001) a Rhode Island Court
found that miniature horse could be classified either as livestock or
pets under existing RI law:
In R.I.G.L. 4-13-1.2(5), we find the following definition of
livestock:
"Livestock" means domesticated animals which are commonly held in
moderate contact with humans which include, but are not limited to,
cattle, bison, equines, sheep, goats, llamas, and swine.
R.I.G.L. 4-13-1.1(8) favors us with us a definition of pets:
"Pets" mean domesticated animals kept in close contact with humans,
which include, but may not be limited to dogs, cats, ferrets, equines,
llamas, goats, sheep, and swine.
More than ever, miniature horses are finding their way into
non-traditional housing areas.
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