Virginia
A Virginia Beach man won the right to keep an emotional support emu. Now, he’s running for office.
VIRGINIA BEACH — Nicholas Olenik has battled mental health challenges throughout his life.
As a sometimes anxious child, it took longer for him to process emotions. Four years ago, the 41-year-old fell into a depression when his brother died from a heart attack. The dark days of the pandemic, and his father’s battle with — and later death from — cancer in 2021 only made things worse.
So last year, after a buddy told him about emus and how they can be a great emotional support companion, Olenik decided to give it a try.
That’s right, emus — the large flightless birds from Australia that typically stand about 5-foot-7 and weigh more than 100 pounds.
Olenik purchased an emu egg locally, watched over it until the chick hatched in December, and bottle fed her as she grew. He and wife Sarah named the chick Nimbus and allowed it to roam freely throughout the house they share with their teenage daughter and Olenik’s aunt in the Kempsville area. While they all watched with delight as Nimbus cuddled with them and their other pets, it was clear her closest bond was with Olenik, whom she followed throughout the house and yard.
“I came back to life because of that emu,” Olenik said during an interview Friday at their home. “You can’t be sad when you’re with an emu. They’re the cutest damned things ever.”
All that joy came to a halt earlier this year when a neighbor complained to Virginia Beach Animal Control, and Olenik was cited for having livestock in an area not designated for it. In March, a District Court judge found him guilty and ordered him to pay a $50 fine. Because Olenik planned to appeal, the judge held off on ordering him to get rid of Nimbus.
Olenik got the news he’d been hoping for Thursday when Virginia Beach Circuit Judge Kevin Duffan issued a 2-page written opinion finding Olenik not guilty of the charge and ruling he can keep his beloved pet at his home. The judge also dismissed the matter with prejudice, meaning the city can’t refile the case.
According to Duffan’s opinion, the legal definitions of “companion animal” and “livestock” — and how Nimbus fit into those definitions — weighed heavily in his decision.
At the new trial earlier this month, Olenik’s attorney, Alexander H. Bell, presented the judge with photos showing Nimbus roaming in Olenik’s house and cuddling on the floor with the family’s golden retriever, as well as a letter from Olenik’s psychologist, confirming the emu was an emotional support animal. Olenik testified Nimbus spent most of her time indoors and wore a harness and leash when she left the property.
“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,” Duffan wrote in his opinion.
The judge noted that while city code prevents livestock from being in areas not designated for it, there are exceptions when the animals are kept as household pets. He also pointed to case law that defined livestock as animals “raised for food or fiber.”
“The record is clear that Nimbus is treated like family,” Duffan wrote. “There is no question that the Defendant is not raising Nimbus for ‘food or fiber’… While it is highly unusual that someone would keep an emu as a pet — or as a companion animal — while residing in the heart of suburbia, Defendant has shown to the court that it is not impossible.”
The news, however, came a little too late for Olenik to have a happy ending with Nimbus.
As the case kept getting continued in the spring, he said prosecutors would only agree to a another continuance if Nimbus were removed from the home until it was resolved. So he decided to take her to stay with the friend in Tennessee who’d told him about emus and also runs an animal rescue and wildlife rehab center. In June, Olenik drove 16 hours there in a minivan with his mother, a friend and Nimbus.
“I cried all the way home,” he said. “It was so hard.”
While in Tennessee, Nimbus has fallen for a male emu on the property, Olenik said. She and her mate seem so happy in videos that Olenik has decided to leave Nimbus there. But he hasn’t given up on emus, he said, and plans to get another to add to the family’s now extensive collection of birds.
After they got Nimbus, Olenik and his wife added six hens, three ducks, and a turkey that all live outside. Emus like watching over other birds, Olenik said, and he wanted to give Nimbus something to do when she was outside. The family’s indoor pets include three dogs and two cats.
While he enjoys all his pets, Olenik said Nimbus was special, making him smile and laugh all the time. He believes emus can help others like him and wants to get the word out.
The court case even spurred Olenik to run for office: He’s now vying as an Independent for Virginia’s 96th District house seat, facing Democrat incumbent Kelly Convirs-Fowler and Republican Mike Karslake.
At the bottom of his website’s homepage is a photo of Nimbus wearing a red, white and blue hat with the sentence, “It all started with an emu.” In addition to mental health, Olenik’s platform includes supporting military members and veterans, farmers, law enforcement and education.
He said he decided to file for office immediately after being found guilty at the lower court level.
“The judge told me: ‘Mr. Olenik if you don’t like these laws you need to go to Richmond and change them yourself.’ And that’s what I plan to do.”
He knows there are people who probably will laugh at him for having an emotional support emu, and he’s even heard other politicians refer to him as “the emu guy.” But he said it doesn’t bother him.
“It may not be for everyone, but it was for me,” Olenik said. “I needed that bird and she needed me. She brought me back enough that here I am now running for state delegate.”
Jane Harper, jane.harper@pilotonline.com
The rivalry matchup between Virginia Tech and Virginia is nearly 48 hours away and it is a big matchup for both teams. The Hokies and the Cavaliers are both 5-6 and needing a win to make a bowl game. The loser will be getting a headstart on 2025 instead of playing in the postseason.
At the start of the year, Virginia Tech was being talked about as one of the biggest surprise teams not just in the ACC, but in the country. This team’s biggest goals have gone away, but they still have an opportunity to reach a bowl game for the second straight season. That should still be a big deal to the program, but on the other side, the Cavaliers are trying to make a bowl game for the first time under Tony Elliott. They are going to be fired up about playing in this game and having a chance to make a bowl game, so Virginia Tech can’t take it for granted, no matter their past success vs Virginia.
So what are the keys to a win for Virginia Tech on Saturday?
Before you could even blink on Saturday night, Virginia Tech was trailing Duke 14-0 thanks to two long touchdown plays and the Blue Devils have not been a very explosive offense this season. Virginia has found a way to put points on teams like Clemson and Louisville this season and has improved since last year. The Hokies’ pass rush was non-existent on Saturday vs Duke, finishing with no sacks and being unable to disrupt Duke quarterback Maalik Murphy. They will have to be able to play better on Saturday if they want to avoid the upset.
It is still up in the air who is going to play quarterback for the Hokies on Saturday night, but whoever it is would benefit from a big game from one of the nation’s best running backs. Tuten had 84 yards on 19 carries last week, but Virginia Tech might need more than that on Saturday when the face the Cavaliers.
Our own RJ Schafer wrote this about the quarterbavck situation heading into Saturday’s game:
“Brent Pry listed both Kyron Drones and Collin Schlee as questionable ahead of the historic matchup. He added that both will practice, although very limited, and they could “just be watching” from the sidelines.
Coach Pry also added that Virginia Tech is preparing four quarterbacks to be ready to play this weekend, including Davi Belfort, a freshman quarterback from Brazil, a country which could begin to be the future of American college football.
Whoever plays this weekend is going to have to have to manage the game and not turn the ball over. I think the offense is going rely on the run game heavily this weekend due to that.
Additional Links:
Virginia Tech Football Releases Depth Chart Ahead of Matchup Against Virginia
Virginia Tech Football: PFF Grades and Snap Counts For Every Player in Saturday’s Loss to Duke
Virginia Tech Football: Updated Bowl Projections For The Hokies Heading Into Final Game
At 3-0 with marquee victories over #6 Missouri (23-10) and #21 Rutgers (26-11), as well as a second-place finish in the Keystone Open with just a handful of starters competing, Virginia Tech has swept through a tough November and is prepared for a difficult December.
The Hokies, #12 in Flo’s team tournament ratings but top 10 in various dual-meet rankings, are next scheduled for an annual trip to Las Vegas for the Cliff Keen Invitational, featuring 27 teams, of which 14 are among Flo’s top 25. And then it’s another trip west to Stillwater on Dec. 19 to challenge #5 Oklahoma State in a rare Thursday match.
The early key thus far for the Hokies has been the ability to win the bouts they’re supposed to win and grabbing a fair share of so-called toss-up bouts.
To wit, Tech’s #18 Sam Latona downing Missouri’s #13 Josh Edmond (4-2) at 141, or #25 Rafael Hipolito majoring the Tigers’ #32 James Conway (11-3) at 157 and #15 Jimmy Mullen stopping #20 Seth Nitzel (4-2) at heavyweight.
That trend continued at Tech’s Moss Arts Center match against #21 Rutgers when Latona used a late takedown to defeat Joey Olivieri 7-5, #4 Lennox Wolak pinned veteran Jackson Turley at 174 and #9 Andy Smith slipped past #17 John Poznanski 4-3 at 197.
Hokies coach Tony Robie only took a few regulars to the Keystone Open in Philadelphia and, led by championship efforts by #1-ranked Caleb Henson at 149 and heavyweight Hunter Catka, Tech placed second behind Lock Haven. Latona placed third at 141 and Sam Fisher did the same at 184.
Robie opted to use the Hokies’ roster as freshmen Dillon Campbell (125), Matt Henrich (157), Luke Robie (157) and Jack Bastarrika (133) competed as did redshirt juniors Jackson Spires (165) and Ty Finn (174). Spires placed second.
Who’s Ready For Change?
With legislation on the NCAA’s table affecting scholarship and roster limits — unlimited scholarships and a roster cap — as well as revenue sharing, some college wrestling programs likely have a serious dose of trepidation while others are confident they can deal with whatever happens.
Virginia Tech sits in the latter category.
“I have no concerns whatsoever about that,” Robie said earlier this month. “I think a lot of it probably will happen. It’s hard to say whether it’s good or bad for the sport; that’s not really for me to say. What I will say is you have to adjust with what the rules are and what the landscape of college athletics looks like, and that’s what we intend on doing.
“Is it good for the overall health of the sport of wrestling? The kid that’s the 35th kid on your roster? Probably not. But I think definitely there were probably some things that needed to change; the pendulum was starting to swing significantly the other way. At some point, it’ll probably start to go back to the middle.”
Robie said all anyone can do is wait for the final decisions.
“We have some contingency plans based on what we think is going to happen and we’ll move forward with our plan and try to execute it,” he said.
A Pretty Good Gig
Robie, in his eighth year as head coach, has been at Tech since 2006 and as each season passes, the commitment and enthusiasm remain the same.
“Well, you get to do what you like to do. And it’s a pretty cool thing to be able to coach wrestling for a living and be a part of a pretty good program, and work with some great people and try to affect the lives of the kids in your program,” he said.
“I think anybody would want to do that. For me, I’m not young anymore. I turned 50 … who knows how long I’m going to do it, but I’m going to give it the best I can while I’m doing it and hopefully continue to improve as a program and try to try to help these guys as much as possible. But it’s good, Virginia Tech’s a great place to work, it’s a great place to live. I’ve got a great staff and it makes my life pretty easy.”
With the game of year looming this weekend, members of the Virginia football team were made available to to the media after practice on Tuesday morning to talk about the regular season finale against Virginia Tech in the Commonwealth Clash on Saturday night in Blacksburg. Watch the video below to hear what UVA senior safety Jonas Sanker, graduate tight ends Tyler Neville and Sackett Wood Jr., and graduate defensive tackle Jahmeer Carter had to say ahead of the Virginia Tech game:
Sanker is the team’s leader in tackles with 89 total tackles and also leads the ACC in solo stops with 60 unassisted tackles. He has racked up 8.5 tackles for loss, two sacks, four pass breakups, two fumble recoveries, and an interception as part of a strong senior campaign that should earn Sanker some serious consideration for a First-Team All-ACC selection.
A transfer from Harvard, Tyler Neville is Virginia’s second-leading receiver with 35 catches for 387 yards and two touchdowns. Sackett Wood Jr., meanwhile, has recorded three receptions for 18 yards and a touchdown this season. Between the two of them, Neville and Wood have combined to appear in 83 college football games and make 48 starts.
Saturday will be the 55th game in the five-year career of Jahmeer Carter, who has started nearly every game for the last four seasons at Virginia. This season, Carter has 30 total tackles, including nine solo stops, two tackles for loss, one sack, and a pass defender. For his career, Carter is up to 131 total tackles, 2.5 sacks, and 7.5 tackles for loss.
Saturday night will be the first time Virginia plays at Lane Stadium in front of fans since the 2018 season, as the 2020 edition of the Commonwealth Clash was played in front of only 250 fans due to COVID-19 restrictions and then the 2022 Virginia vs. Virginia Tech game was canceled due to the shooting tragedy at UVA.
Virginia is seeking its first road victory at Virginia Tech since 1998, as the Hokies have won the last 11 Commonwealth Clash games played at Lane Stadium. Virginia Tech has won 17 of the last 18 overall games against Virginia and leads UVA 61-38-5 in the all-time series that dates back to 1895.
Both Virginia and Virginia Tech bring a 5-6 overall record into the regular season finale and both need to win the game in order to reach the six-win threshold required for bowl eligibility. There is only one other game this weekend between FBS teams who are battling for bowl eligibility (Eastern Michigan vs. Western Michigan). Virginia and Virginia Tech played each other for bowl eligibility at the end of the 2014 season.
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