Smith claims that her five chickens provide essential therapy and emotional support, helping her cope with panic and anxiety attacks, as well as post-traumatic stress syndrome.
However, the HOA asserts that the chickens must be removed, citing complaints from neighbors. The association has filed a lawsuit against Smith and her husband, David Miller, and is imposing a daily $50 fine for every day the chickens remain on their property.
Smith, who has been battling to keep her chickens for nearly three years, expressed her distress, saying, "This has been so horrible. There aren't words to describe what this has done to me."
The couple's attorney, Kristina Bergsten, has filed a counterclaim against the HOA, alleging discrimination against Smith's disability and causing her emotional distress. The case is currently on appeal.
Smith had obtained permission from her neighbors to raise the chickens and claims that other neighbors also kept chickens in the area. However, Judge Robert G. Malestein ruled that the chickens were not emotional support animals but rather barnyard animals, ordering their removal.
As the case unfolds, Smith is seeking new homes for her chickens. She credits the birds with significantly improving her mental health, saying, "I had been struggling with panic attacks and anxiety. A couple of weeks into having the chicks, I realized I had not had a panic attack. It was like a miracle."
The dispute highlights the complexities surrounding emotional support animals and the need for greater understanding and accommodation.
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