Man won monthslong battle to keep beloved emu in Virginia. But then she fell for Oreo

Nicholas Olenik presented his case before Virginia court. Nimbus often slept indoors, cuddling with the family dogs. She sat on people’s laps and played in the kiddie pool outside.

And yes, Nimbus was an emu. But she was not livestock, Olenik told the Virginia Beach Circuit Court. She was an emotional support animal.

Emus are large, flightless birds native to Australia. They are the second largest living bird species in the world behind ostriches, surpassing five feet in height and 100 pounds, according to the Smithsonian Institute.

One of these birds found a home with Olenik and his wife in Virginia Beach.

Olenik said he was in a rough patch when he got Nimbus. He had lost his brother and his father in recent years, and the pandemic had taken a toll, he told the Virginian-Pilot. Seeking alternative therapy methods, he brought home an emu egg and raised Nimbus for six months.

“That bird brought me out of my darkest days,” he told WVEC.

Olenik had clearance from a medical provider to keep Nimbus as an emotional support animal, but a neighbor complained to Virginia Beach Animal Control.

In February, Olenik was cited and found guilty for a violation of municipal code that prohibits keeping livestock, Virginia court records show. Olenik appealed the charge, setting off a monthslong legal battle that in part hinged on the definition of livestock and companion animals.

The judge who issued the two-page opinion seemed conflicted, according to a copy of the opinion that Olenik shared with McClatchy News.

“What is a trial court to do when presented with evidence that an animal clearly defined as livestock is also defined as a companion animal?” wrote Kevin Duffan, Virginia Beach Circuit Judge.

Photos and videos shared with McClatchy News show Olenik and his family raising Nimbus from a small chick. She would fall asleep in Olenik’s lap while he sat at his desk and play with the family’s other pets.

Duffan wrote, “The record is clear that Nimbus is treated like a family pet.”

As the legal battle dragged on, prosecutors told Olenik to take Nimbus out of state until the matter was resolved, the Virginian-Pilot reported. So Olenik brought Nimbus to his best friend’s ranch and rescue center in Tennessee while he fought for her in court.

Finally, on July 27, Olenik won the battle. He could keep his beloved emotional support emu.

Duffan dismissed the case with prejudice, so the city can’t file the same claim in the future.

“While it is highly unusual that someone would keep an emu as a pet–or as a companion animal–while also residing in the heart of suburbia, Defendant has shown that it is not impossible,” Duffan wrote in the opinion.

But Nimbus had met someone new.

“She has a boyfriend named Oreo,” Olenik told McClatchy News.

At the Tennessee ranch, Nimbus had fallen for a male emu who was the same age as her, Olenik said. When he saw how happy Nimbus was with her emu mate, he decided she would stay there. He told McClatchy News that he misses Nimbus every day she’s not with him, but he knows she is in good hands.

“I am happy Nimbus has found a partner for life,” he said.

Even though Nimbus is staying in Tennessee, Olenik said he’s glad he fought this battle.

“[My emu] brought me back to happiness, and if I could inspire or help anybody else to achieve that level of happiness then yes I am proud and happy I went through this,” he told McClatchy News.

Now Olenik has decided to run for office. He’s thrown his hat into the ring as an independent candidate for Virginia’s 96th district house seat.

“When the judge first charged me, [he] told me if I didn’t like the laws I would have to go to Richmond and change them myself,” Olenik shared with McClatchy News.

He said he left the courthouse and went to the Department of Elections to start the process of running for state delegate. He’ll be competing with Republican Mike Karslake and Democrat Kelly Fowler in the Nov. 7 election, according to the Virginia Public Access Project.

And Olenik told the Virginian-Pilot: he’s planning on getting another emu.

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