
Save Henrietta and Her Flock
Donation protected
Three years ago, I realized a dream and bought my own home. Part of that dream included having a small flock of backyard chickens, so I researched the laws in the community before I bought my house. I also checked with my neighbors to ensure they were amenable to my having chickens. Every contiguous neighbor said it was okay.
Last month, the Village of Nassau, located in rural Rensselaer County, N.Y., changed the zoning law in the course of ten days to prohibit chickens. I only learned of this after the fact when the code enforcement officer called to tell me I would be receiving a letter directing me to remove my chickens and their enclosure. I was given ten days to get rid of my birds.
After two days of crying, I decided to get a lawyer.
Henrietta, a golden comet, is three years old. I bought her as a chick from my local farm supply store. Muriel, I saved from a farm in another county. She was skittish and had bumblefoot when I bought her. Today, she is healthy, friendly, and very happy. Peep, I hatched from an egg last year. She knows her name and loves to cuddle. I’m a special education teacher and a single parent, and one of the ways I de-stress is to go sit in my back yard and watch Henrietta, Muriel, Peep, and my other chickens scratch around and hunt for bugs.
You may think of chickens only as meat you buy in the grocery store, or as the source of eggs for your morning omelet. For me, they are my pets, and the eggs they produce are a wonderful extra. I admit, when I started keeping chickens, it was for the eggs. I wanted my children to know where their food came from, and I had read about the horrific conditions in which commercial chickens live and lay their eggs. But as I got to know the individual birds, I saw them as individuals. Henrietta loves to jump up on my shoulders and ride around. She is much smarter than I expected. She knows her name and comes when I call her. They all know the sound of my car and they rush to the edge of their enclosure when they hear me pull in. I made a commitment to my birds that they would be happy and healthy for as long as they lived. Now, my promise to them is threatened.
My lawyers were able to help me keep the chickens for the time being, but the new law, filed with New York State on April 20, still threatens us. I was able to come up with the $1,000 retainer to start the fight, but now I need help. My lawyers need a $10,000 retainer to bring an Article 78 proceeding against the Village of Nassau. They said the village did not follow the rules for creating the new law, and I have a good chance in a lawsuit, the Article 78 proceeding, against the village. But I don’t have a lot of time. The deadline for filing the suit is the beginning of July, so I have about a month to raise the money.
While this is personal in that my chickens are in danger, there is a larger principle at stake. We are a democracy, and our government needs to follow the rules when it makes laws. There are procedures that must be followed when new laws are created, and governments must represent all of the members in the community, not just a few. If the government can make a law to prohibit chickens and pass it in a ten-day span without letting affected people have a say, they could just as easily make a law prohibiting a specific breed of dog, or prohibit other types of birds or animals. If I don’t fight back, they could become emboldened and violate other community members’ civil rights.
The old zoning law did not prohibit the keeping of chickens. Now, chickens and other poultry, swine—including teacup and potbellied pigs—horses and goats have been outlawed, and very few people in the village were aware that this was even in the works. While my lawyers won’t make promises, they said I have a good chance to overturn this law—if I can raise money for the retainer. Otherwise, it stays on the books and I have to get rid of Henrietta and her peeps. Please help me save my chickens and fight my local government’s overreach.
Thank you,
Jennifer, Henrietta, and her flock
Last month, the Village of Nassau, located in rural Rensselaer County, N.Y., changed the zoning law in the course of ten days to prohibit chickens. I only learned of this after the fact when the code enforcement officer called to tell me I would be receiving a letter directing me to remove my chickens and their enclosure. I was given ten days to get rid of my birds.
After two days of crying, I decided to get a lawyer.
Henrietta, a golden comet, is three years old. I bought her as a chick from my local farm supply store. Muriel, I saved from a farm in another county. She was skittish and had bumblefoot when I bought her. Today, she is healthy, friendly, and very happy. Peep, I hatched from an egg last year. She knows her name and loves to cuddle. I’m a special education teacher and a single parent, and one of the ways I de-stress is to go sit in my back yard and watch Henrietta, Muriel, Peep, and my other chickens scratch around and hunt for bugs.
You may think of chickens only as meat you buy in the grocery store, or as the source of eggs for your morning omelet. For me, they are my pets, and the eggs they produce are a wonderful extra. I admit, when I started keeping chickens, it was for the eggs. I wanted my children to know where their food came from, and I had read about the horrific conditions in which commercial chickens live and lay their eggs. But as I got to know the individual birds, I saw them as individuals. Henrietta loves to jump up on my shoulders and ride around. She is much smarter than I expected. She knows her name and comes when I call her. They all know the sound of my car and they rush to the edge of their enclosure when they hear me pull in. I made a commitment to my birds that they would be happy and healthy for as long as they lived. Now, my promise to them is threatened.
My lawyers were able to help me keep the chickens for the time being, but the new law, filed with New York State on April 20, still threatens us. I was able to come up with the $1,000 retainer to start the fight, but now I need help. My lawyers need a $10,000 retainer to bring an Article 78 proceeding against the Village of Nassau. They said the village did not follow the rules for creating the new law, and I have a good chance in a lawsuit, the Article 78 proceeding, against the village. But I don’t have a lot of time. The deadline for filing the suit is the beginning of July, so I have about a month to raise the money.
While this is personal in that my chickens are in danger, there is a larger principle at stake. We are a democracy, and our government needs to follow the rules when it makes laws. There are procedures that must be followed when new laws are created, and governments must represent all of the members in the community, not just a few. If the government can make a law to prohibit chickens and pass it in a ten-day span without letting affected people have a say, they could just as easily make a law prohibiting a specific breed of dog, or prohibit other types of birds or animals. If I don’t fight back, they could become emboldened and violate other community members’ civil rights.
The old zoning law did not prohibit the keeping of chickens. Now, chickens and other poultry, swine—including teacup and potbellied pigs—horses and goats have been outlawed, and very few people in the village were aware that this was even in the works. While my lawyers won’t make promises, they said I have a good chance to overturn this law—if I can raise money for the retainer. Otherwise, it stays on the books and I have to get rid of Henrietta and her peeps. Please help me save my chickens and fight my local government’s overreach.
Thank you,
Jennifer, Henrietta, and her flock
Organizer
Jennifer Pruden
Organizer
Nassau, NY