Man with emotional-support pig protests village of Canajoharie animal law - The Recorder
Wyverne Flatt has had Ellie, a roughly 100-pound potbellied pig, since she was a piglet. Flatt, 54, now a resident of the village of Canajoharie, said he got Ellie five years ago when she was a piglet small enough to fit in his hands. Flatt, who came to upstate New York from Charleston, South Carolina, says the pig has helped him through difficult points in his life.
“At the time, I was going through a bad divorce,” Flatt said. “After I got her, my mother passed away and she was with me the whole time. She’s smarter than a dog, she’s very affectionate.”
But for two years, Flatt says he’s been engaged in a legal battle with the village of Canajoharie, which has an animal law prohibiting residents from having “farm animals” and “domesticated livestock.”
The Village Board held a public hearing Tuesday night on its proposed animal law, which would essentially clarify the current animal law, according to the mayor.
“This would be reaffirming our status in the year 2021,” said Mayor Jeff Baker. “We update codes periodically to keep up with the changing times,” he said.
The court case is filed in the Town of Palatine Court, and Baker said he couldn’t comment extensively due to the ongoing legal dispute.
The proposal for the updated animal law says that a “surge of violations of the current animal law provisions necessitates the clarification of village policy, and is intended to add consistency to the application of the code provisions relating to animals.”
The law says, “It shall be unlawful for any village resident to keep, harbor, raise, breed or sell, or allow to live or reside on or within their premises any animal other than a lawfully licensed pet.” It continues, “No farm animals, domesticated animals or domestic livestock shall be allowed in the village.”
But Flatt argues Ellie is a pet and an emotional support animal, not a farm animal. While speaking during the hearing, Flatt was visibly agitated, raising his voice and pointing his finger.
By contrast, the Village Board was silent during Flatt’s testimony, refusing to offer any explanation or comments, even when Flatt asked them to do so. At several points, the meeting room — which was standing-room-only with people filling the doorway–was silent for pauses lasting nearly a minute.
Outside the meeting room after his testimony, Flatt was still passionate.
“My pig lives inside. She is house broken. She goes in and out at will. She has an outside house that is fully insulated. She has heat,” Flatt said. “She gets on the couch with me. She will watch movies. She’ll snuggle up. She is the most loving pig you’ve ever seen. I love this pig to death.”
Flatt said if the pig were a nuisance or causing a disturbance, he may understand the village’s complaint.
But neighbors like Janet Stanley, who owns Lee’s Shops at Wagner Square, say she has never had a problem with the pig.
“I never smelled it, I never heard it. I never even knew it existed until all this hubbub in town started,” Stanley said. “It’s a potbellied pig. It’s not a pig that he’s going to butcher for bacon. It’s a pet. It’s a support animal for him.”
Stanley said if Ellie were a different kind of animal, it’d be a different story.
“I don’t want to have hogs in Canajoharie. I don’t want to have chicken coops. But I don’t see where they are able to classify a potbelly pig as livestock.”
Flatt says he has filled out paperwork to classify Ellie as an emotional support animal.
“You have to fill out paperwork. It’s a process,” he said. “I’ve shown doctor’s notes where I’ve gotten off anxiety medicine [with Ellie’s help].”
But ultimately the decision will be made in court. Flatt’s next hearing is Tuesday, Dec. 14. Flatt says it’ll be his 14th appearance in court over this issue, and he estimates he’s spent 100 hours of his personal time fighting the case. Still, he is not backing down.
“I’m never going to get rid of my pig. I think they are going to have to go to a jury trial. I think they are violating my civil rights,” Flatt said.
He said he will continue to fight in court, even if the process is a little ironic.
“My whole point of having this pig is to be stress free, and all [the Village Board does] is stress me out.”
Andrew Waite can be reached at [email protected] and at 518-417-9338. Follow him on Twitter @UpstateWaite.
source: https://www.recordernews.com/news/local-news/195829
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