A US man has engaged in a months-long battle with local officials in Virginia over the validity of his emotional support animal — an emu named Nimbus.
Nicholas Olenik, from Virginia Beach, told The Washington Post that the bird was doctor-approved and helped him overcome his depression, but officials said keeping the emu was in violation of rules specifying what livestock was allowed within city limits.
An emu is not on the list of approved livestock.
Olenik said he suffered depression and grief following the death of his brother and father, but once he met his friend’s emu, he realised he wanted one of his own.
The 41-year-old said he would put a harness and a lead on "Nimbus" and walk her on the beach. He credits the emu to his recovery.
However, neighbour Donald Seybold told the Washington Post that he noticed the emu and realised the animal wasn’t allowed. He called animal control to be sure, who confirmed that Nimbus wasn’t meant to live in the area.
That sparked a months-long battle between Olenik and city officials, who first gave him a warning in February and the opportunity to remove the emu from the city. Once the warning period expired, with no changes from Olenik, he was charged under city code.
“There were no concerns of animal cruelty,” city spokesman Bryan Clark reportedly said.
“City code allows for companion animals, specifically exotic birds, but not ratites (the genus that emus fall under).”
In March, a Virginia Beach General District Court Judge found Olenik guilty of the misdemeanour of keeping livestock in a residential area.
Olenik said the court ruled that he would have to pay a USD$50 fine.
The resident tried to fight back, requesting the city give him an allowance to keep Nimbus. This allowance was denied.
In June, an arrangement was met with all parties, and Nimbus was moved to a ranch in Tennessee, owned by his best friend, where she found love with another emu called Oreo.
Olenik has since decided that Nimbus would stay on the ranch.
"She’s in a great place," he told the Washington Post. "She’s at my best friend’s ranch. If I ever want to go see my best friend, I get to see my human best friend at the same time."
Olenik reportedly said he planned to get another emu at the end of this year, even though city laws had not changed.
Clark told the Washington Post that Virginia Beach officials still do not consider emus to be emotional support pets, and that the city would “continue to follow the definitions of livestock that are outlined in the Code of Virginia.”
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