UCP EPISODE 056: Winning the Chicken Legal Fight (a Conversation with Kathy Shea Mormino)

Kathy Shea Mormino (The Chicken-Chick) – photo courtesy of K. Mormino

In 2013, the United States Department of Agriculture (USDA) studied urban chicken keeping in four major cities (Denver, Los Angeles, Miami, and New York City) and discovered that less than 1% of households had backyard chickens. The study however further revealed that though only 1% had chickens another 4% of the study’s respondents reported that they planned to get backyard chickens in the next five years. Interestingly, slightly more than half of the study’s respondents said that they thought keeping chickens in urban areas would lead to more illnesses in humans and yet 2/3 of the respondents in Los Angeles, Miami and New York (and 3/4 of the respondents in Denver) also said that they believed that eggs raised in small flocks in backyards were more nutritious than their store bought counterparts. What do these study results mean?

Americans are divided on backyard chickens.

This nearly even split on the issue of urban chickens is evident in the on-going great chicken debate that is being argued in every corner of this nation. The competing interests between autonomy over one’s own backyard to raise chickens and live as one chooses is at odds with the beliefs that chickens are strictly a livestock animal that has no place in an urban/suburban landscape. When these diametrically opposed views on chickens happen to live next door to one another, sparks fly.

Kathy Shea Mormino, more commonly known as the Chicken-Chick, comes onto the Urban Chicken Podcast to discuss her long fought legal battle over her backyard flock. The bitter, year long fight over her chickens was not only emotionally and financially draining, but threatened to cost Mormino her livelihood.

Mormino, a licensed attorney, gave up the practice of law to stay home and raise a family. After chicken-sitting for a friend, Mormino caught “chicken fever” and she started keeping a handful of hens on her own 2+ acre property. Mormino created a custom egg carton label company (aptly called, Custom Egg Carton Labels) and began a chicken focused blog to support the business. The popularity of Mormino’s blog quickly outstripped the egg carton label business. Today, the Chicken-Chick website enjoys a large and loyal readership from around the globe. As Mormino’s blog and love for chicken-keeping grew so did her flock, which gained several additional hens and a rooster named, Blaze.

Blaze became the center of the chicken battle between Mormino and her neighbor whose property abuts her backyard. Though all of the residences in her neighborhood enjoy very large yards (averaging 2-5 acres each), and the homes are widely spaced from one another, the rear neighbor complained to city officials about Mormino’s rooster.

Blaze the Rooster – photo courtesy of Kathy Shea Mormino

Mormino tried to accommodate the neighbor by housing Blaze indoors every night and not letting the bird outside until standard work hours in the morning. Despite her efforts to work with the neighbor, there ultimately was no resolution to be had. The neighbor eventually demanded the removal of the rooster and Mormino absolutely refused to eliminate this beloved bird from her flock. Besides being a cherished flock member, Blaze was a very important part of Mormino’s website and popular with her audience.

The neighbor’s complaints were directed to a Suffield city zoning enforcement officer who ultimately ordered Mormino to get rid of not only Blaze, but all of her chickens! The officer’s order was based on his interpretation of the zoning rules for Mormino’s neighborhood (in this self-declared “farming town”) to allow the keeping of horses, but not poultry as part of a commercial farm. There began the legal argument whether Mormino’s chickens were part of a farming business or simply pets.

In an attempt to satisfy this tortured reading of zoning laws, Mormino actually leased part of her side neighbor’s yard to satisfy the acreage minimum to keep “livestock” and be a farm. The zoning officer informed Mormino that such a lease arrangement would solve the zoning issue. The officer later recanted his statements and informed Mormino that she must own (rather than lease) the addition acreage. Frustrated by the inconsistency of the zoning officer’s directives and the rear neighbor’s on-going complaints, Mormino decided to take a hard stance. She did not believe that she was violating the zoning law and she would stop tiptoeing around to appease the inconsolable. Mormino hired an attorney and decided to fight for her property rights and protect her flock. This was a decision that held significant risks.

Mormino knew that a legal battle with the City of Suffield would quite likely cost her more money than to purchase some of her side neighbor’s land. However, Mormino strongly felt that continuing to submit to an improper application of the zoning code was untenable. Conscience and principles guided Mormino in her decision that it was worth the risk (and expense) to fight this legal battle.

Michigan Court – photo by CedarBendDrive

The matter was set for trial, but in a settlement hearing just prior to going to court more reasonable minds finally guided the city’s decisions. Suffield’s attorneys agreed to not only withdraw their lawsuit against Mormino, but to also require that the misguided zoning officer issue her an apology letter.

There are dozens of backyard chicken keepers who are ensnared everyday in the on-going chicken fight across the United States. Unfortunately, most of these individuals have neither the legal background or the financial wherewithal to take on a legal battle with their local governments. And yet, if chicken keepers do not stand up and fight governmental overreaching like Mormino did, the chicken debate will continue to be fought everywhere.

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