One man from upstate New York fights to keep his emotional support for pigs.
CANAJOHARIE (N.Y.) — Ellie, a potbellied pig, snuggles up with Wyverne Flatt while he watches TV. Sometimes, he even rolls over to pet her belly. Flatt describes Ellie, a 110-pound pig as his “family”. He says that Ellie was an emotional support animal and helped him through a divorce process and the loss of his mother.
It is a very different view from the officials in Canajoharie, his upstate village. Flatt illegally harbors the pig in his village.
This case could be heading to a criminal trial. It has attracted the attention of pig partisans, who believe that the animals should be treated as more than just food.
Flatt stated, “I would never give away someone who’s part my family,” as he patted the pork in his kitchen. She’s extremely smart. She is smarter than my dogs. She can pick up on your feelings when you’re struggling and will want to snuggle with you.
Ellie is a Vietnamese potbellied pork with a black coat, and hooves that clank on the ground as she walks to her food dish. Flatt had Ellie in South Carolina in 2018 when he bought her. She was about the size of a shoe when he first got her. Flatt brought her to Canajoharie in 2019, a small village along the Mohawk River that is dominated by the Beech-Nut food plants.
Flatt, 54, purchased a fixer-upper in the village’s business center. He plans to renovate it and open a restaurant or cafe on a portion of the ground floor. Flatt also owns two dogs and two cats.
Flatt was told by a village code officer that Ellie was being housed illegally during an October 2019 visit to submit a request for a building permit. Flatt was informed by the village that Ellie was still living there six months later. According to court filings, violation of a zoning law is a misdemeanor in state law.
Since then, both sides have been digging in.
Flatt claims that the village is picking upon his pig. He says that he is smart and clean. Many of Flatt’s neighbors signed affidavits stating that they love Ellie.
Jeff Baker, Village Mayor, stated that the board is not commenting on the court case while it is pending. In a court filing, an attorney for the Village stated that the pig was a potential health risk. She claimed that if every citizen openly mocked the Village zoning codes, we would live in an unruly society.
Federal housing guidance states that Ellie’s fate may depend on whether Ellie can prove that Ellie provides emotional support to someone with a disability. Flatt’s lawyer argues that Flatt meets this test. He claims that Ellie helped Flatt cope with anxiety and get off his medication.
In court filings, the village argued that it is open to reasonable accommodations. Flatt has never met this standard.
In dispute is a note from a nurse practitioner claiming that Ellie helped Flatt quit medication. He also keeps in his wallet a laminated card with Ellie’s headshot, stating that she is an “registered emotion support animal”. However, the attorney for the village said that it was obtained online for a small fee and without any formal legal process.
Attorney Kirsten Dunn filed last year, stating that defendant did not provide any evidence that he was a person with a disability. There was also no proof that he was able to have an animal for emotional support.
The trial was due to begin March 22 but has been postponed. Flatt could be sentenced to jail or the confiscation of the pig if he is found guilty, according his attorney.
In recent years, emotional support animals have become more common. Federal transportation officials announced in 2020 that airlines will no longer be required to transport emotional support animals after years of passengers bringing animals such as birds, rabbits, and pigs on planes.
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Flatt isn’t the only pig owner who needs emotional support in order to avoid violating local housing laws.
A family from Buffalo, Amherst, was told in 2019 that they could not keep Pork Chop the potbellied pig. They claimed Pork Chop was an emotional support animal for their daughter. A woman from Indiana was told to dispose of her emotional support animal pig in 2018.
Although smaller pigs have been kept as pets in the United States for many decades, some advocates claim that they are still considered livestock by some people.
“People don’t realize that these animals were originally imported as pets. They were never meant to be used as food. Flatt is supported by Kathy Stevens, who founded the Catskill Animal Sanctuary to rescue farm animals.
Many municipalities allow pig owners to keep them as pets. Local laws may specify that pet pigs should not exceed a certain weight. Some laws only allow pot-bellied animals.
Canajoharie approved January a new law clarifying its laws regarding keeping animals. This was in response to a rise in animal cruelty. The law still prohibits farm animals. It also outlines rules for residents who seek reasonable accommodation.
Flatt stated that he has received offers to house Ellie in another village but that he still wants to fight for her.
He said, “I hope this sets a precedent so people understand that these pets are pets.” These are not pets that you can take home to slaughter and eat.
