Appeals court rules that man's therapy ducks violate village law

Ohio’s Fifth District Court of Appeals has upheld a lower court ruling that a man violated village law by owning ducks he deemed therapeutic. Darin R. Welker, of West Lafayette, said he plans to appeal that decision. Welker, 36, was cited on June 23, 2014, for owning 14 ducks in his backyard.

He was charged with owning farm animals inside West Lafayette limits. He later gave away eight of his ducks. Last Oct. 29, Coshocton Municipal Judge Timothy France found Welker guilty of that charge, a minor misdemeanor, fined him $50 and assessed court costs. Welker appealed that decision to the Fifth District Court of Appeals, which heard arguments in May and handed down its ruling last week.
That ruling was filed on Monday in Coshocton County Common Pleas Court. Appeals court Judges Scott Gwin, Sheila Farmer and Patricia Delaney ruled there is no indication that Welker’s life is in danger without the ducks or that he has no alternative to avoid greater harm, such as an alternative therapy or different type of support animal not prohibited by village law.
Welker had argued that he suffered from post-traumatic stress disorder and depression from his year of service on ground vehicle maintenance in Iraq during 2004 and 2005. He served in the Ohio National Guard from 2004 to 2008 before receiving a medical discharge. He contended that his ducks were registered as emotional support animals and that they help boost his spirits. Last October, the village amended its ordinance to allow residents to own up to two therapy pets.