Sunday, August 3rd 2008, 5:32 pm
It's a horse fight that's going down to the wire. One Green Country man says he's being bullied into giving up his family's pet, but we're not talking about man's best friend here. The News On 6's Jeffrey Smith reports this is an unprecedented case in the state of Oklahoma.
A Broken Arrow father bought a two-and-a-half foot tall, 110-pound animal as a pet. It's not a big dog, it's a small horse. The city says that is illegal, but the owner isn't horsing around, he's fighting the law in court.
Secretariat he isn't, but the little horse is making a big name for himself around the neighborhood.
"They're not a beast of burden. And for that reason, they are bred specifically for companionship," said Mini Horse Owner Greg Copeland.
Copeland bought Dakota six months ago for his son who is allergic to cats and dogs.
"You can't really hug a gerbil, a hamster, a turtle," said Copeland.
But some neighbors had a problem with a horse just roaming around.
"They were concerned about the odor and the perception of this animal in the backyard, just simply feel it doesn't belong there," said Broken Arrow Spokesman Keith Sterling.
Sterling says it violates a city ordinance. The ordinance says it's unlawful to keep cows, goats, sheep or horses on residential land.
"The only exceptions would be if the neighborhood covenants say otherwise," said Sterling.
"The covenant here says you can't have animals, except dogs, cats, and household pets," said Copeland.
So, is Dakota a household pet?
"It is a horse. And this is a typical residential neighborhood with smaller lots very close together," said Sterling.
"I give him much more room to roam here than he'd have at a stall somewhere," said Copeland.
Copeland says some of his neighbor's dogs are bigger than his horse. Sterling says fair enough, but the law is the law.
"The ordinance says what it says, we can't pick and choose, well let's enforce it over here, but then not enforce it over here," said Sterling.
"This is America, it's not Nazi Germany. It's not communist Russia. You got neighbors that are trying to enforce their personal preference in the neighborhood," said Copeland.
It's a lot to chew on. Now Copeland will go before a judge and say sometimes a horse is more than just a horse. Of course.
Copeland's already been to court once this week. And the case will be presented before a judge later this month.
Copeland says because this is a criminal case, the burden of proof is on the city to the show that Dakota is not a household pet.
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