Court Orders Removal of 'Therapeutic' Roosters Over Noise Complaints

A disability pensioner in South Australia has been ordered by a court to remove his three pet roosters after neighbors complained about the persistent noise. The roosters' crowing was deemed an unacceptable disturbance in the quiet residential area.

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therapeutic animals

The man had argued that the roosters were "therapeutic animals" and that their removal would violate anti-discrimination laws and human rights conventions. He claimed that removing the birds would be discriminatory against him as a disabled person.

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likely intolerable

However, the Environment, Resources and Development Court rejected his argument. Commissioner Claire Ryan found that removing the roosters "would not constitute discrimination against a disabled person" and that the man was not being treated less favorably than anyone else who might keep roosters in the area. The court heard the man's disability includes complex post-traumatic stress disorder and anxiety.

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would not constitute discrimination against a disabled person

An acoustic engineer's report confirmed that the noise from the roosters was clearly audible and dominant in the environment, even when they were released from their coop. Council workers also reported hearing loud and repetitive crowing during multiple visits to the property. Neighbors reported hearing the roosters as early as 3:40 am, even with their doors and windows closed. Despite the man's attempts to mitigate the noise, including housing the birds in a dark coop overnight, the roosters continued to crow throughout the day, leading the court to find the noise constituted a "local nuisance."

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not being treated any less favourably than any other person who may decide to keep roosters in the area