Farming couple sues Beverly over roosters
Dec. 26—BEVERLY — A husband and wife who run a small farm in Beverly have gone to court to try to stop the city from taking away its roosters.
In a complaint filed in Essex Superior Court this week, Brian and Anita Deeley said the city's Board of Health overstepped its authority by ordering them to remove all roosters from their farm at 26 Juniper St.
The Deeleys said the city has "intimidated and coerced" them into removing the roosters, which they said are an "integral" part of the farm's operation because they fertilize eggs, breed chickens, and protect hens from predators like hawks and coyotes.
Beverly Director of Public Health William Burke ordered the Deeleys in July to remove their roosters after a neighbor complained about noise. Burke said the couple was prohibited from having roosters by a "keeping of animals" permit the city issued them in 2015. That permit allows the Deeleys to have up to 36 poultry, but no roosters.
The Deeleys requested a hearing with the Board of Health and submitted a new permit application that would allow roosters. But the board denied their amended application on Oct. 20 after considering the "public health, safety, and welfare of the community," and ordered the roosters removed within 14 days.
In their lawsuit, the Deeleys said the power of a local board of health is limited when it comes to commercial farms. The lawsuit said the board lacks the power to require a permit for the keeping of animals other than pigs. It also said the "crowing of roosters" does not constitute a nuisance under state law.
In a response in Salem District Court, where the Deeleys initially filed a lawsuit, the city cited a Board of Health regulation stating the board's authority to revoke an animal permit "at any time for cause." It said the Deeleys were awarded a permit in 2015 with conditions that "the number of poultry is limited to the requested number of approximately 36 (no roosters)."
The city said that when a neighbor complained about roosters being on the Deeleys' property in 2015, Anita Deeley informed the Board of Health that "she has since gotten rid of the rooster."
The Deeleys' farm is located on 19 acres on Juniper Street in the woods in Beverly Farms. They raise chickens and bees to support their business, Beverly Bees, which sells products such as honey, eggs and beeswax candles on the property, at a store in Salem, and at farmers markets.
The Deeleys' lawsuit in Superior Court asks for a jury trial and seeks damages from the city and a reversal of the Board of Health's denial of their application. A hearing has been scheduled for Jan. 4 in Lawrence Superior Court.
The city has filed a motion to dismiss the lawsuit that was filed in Salem District Court, saying the district court lacks jurisdiction in the matter.
Paul Leighton can be reached at 978-338-2535, pleighton@gloucestertimes.com, or on Twitter at @heardinbeverly.
