Miniature Horses legal Designation

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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.