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Article
Courtesy of The Sun Sentinel By
Brittany Shammas
Published July
18, 2014
The Halperns of Lake Worth are disputing Homeowner's Association warnings dating back to January, which claim the family cannot keep its pet pig Wilbur. He is a registered service animal for their two children with disabilities. Both sides have lawyers.
LAKE WORTH -- He wags his tail when his name is called, rolls over when his belly is scratched and stands calmly when a crowd of people pet him.
Eric and Rori Halpern say their pet Wilbur, a 65-pound potbellied pig with a sweet disposition, is a therapy animal who helps their children and others in Palm Beach County. Their homeowner's association says he's livestock and keeping him violates the community's rules.
Both sides have hired lawyers, and now they're in the midst of a battle that's lasted more than six months.
"He's part of our family," Eric Halpern said. "So we're not going to give him up without a fight."
Fourteen-month-old Wilbur has lived in the family's suburban Lake Worth home for a little over a year. He goes on walks with them, sleeps in their laundry room and cuddles with them on their couch. He's also house broken: He oinks when he needs to be let out.
Wilbur got certified as the Humane Society of Broward County's first therapy pig at the minimum age of one. He visits assisted living facilities and schools in South Florida with Rori Halpern, who trained to be his handler.
The pig's therapy work continues at home, the |
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Ethan
Halpern, 9, and his brother, Alexander, 10, (right) snuggle with their pet miniature pot bellied pig, Wilbur, in their suburban Lake Worth home. Their family is fighting their homeowners association to keep Wilbur, a 65-pound potbellied pig, that is a registered service animal.
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Halperns say. The couple's two young sons have both been diagnosed with ADHD and one with Asperger's syndrome, according to documents they provided. Medical professionals wrote in letters to the association's lawyers that Wilbur has helped the boys come out of their shells.
Attorneys representing the Cypress Woods Association have asked the doctors to explain why a pig is better suited to support them than a "less objectionable" animal. They also asked whether other treatment methods were sought before bringing Wilbur into the neighborhood.
Keith Backer, one of the lawyers, said the Halperns need to prove the pig is medically necessary. He said the association's board of directors has nothing against pigs, but the animal is not acceptable in the community without that proof.
"This isn't a simple, 'We don't like pigs; the pig's got to go,' or 'We don't like children,'" Backer said. "It's nothing like that. The homeowner's association has a legal obligation to enforce its rules."
And that means no pigs, he said, citing a part of the neighborhood's bylaws that says only common household pets are allowed, and not livestock.
The Halperns argue Wilbur is not livestock. They point out that in 2012, Palm Beach County commissioners decided to begin categorizing potbellied pigs as pets instead of livestock. The rule change allows households to own one apiece.
But those county rules also say homeowner's associations can make their own decisions about whether to permit pigs.
Backer said Wilbur's status as a therapy pig and the letters stating that the Halpern children have diagnosed conditions are not enough to allow him to remain a resident of Cypress Woods.
"The pig would not only have to be a service animal as permitted by law, it would also have to be an animal that is necessary to address that handicap," he said, adding that a blind person shouldn't be able to claim a cat as a seeing-eye animal in an association that forbids cats.
The Halperns and their attorney say they've provided all the information required by law. They've filed a complaint under the Fair Housing Act, which protects people who use service or therapy animals from discrimination in housing situations.
Marni Bellavia, manager of the Animal Assisted Therapy Program at the Humane Society of Broward County, said a pig might seem like an unconventional choice for a therapy animal, but almost any animal can provide a person comfort.
"One thing animals do that humans fail at is providing unconditional love and not being judgmental," she said. "When we're looking at therapy animals, for people on the receiving end — with whatever animal it is — that's exactly what they're looking for."
The Halperns have begun taking Wilbur around Cypress Woods to introduce him to the neighbors. They're also considering hosting a meet-and-greet and handing out fliers about him.
"When they say 'pig,' I don't think they realize he's just like a dog," Rori Halpern said. "I don't think they realize what they're fighting."
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