January 8, 2010
The animal welfare community anxiously awaits the upcoming trial involving the Pennsylvania SPCA's (PSPCA) harassing actions against sportswoman, schoolteacher and environmentalist, Wendy Willard, who had 11 of her 23 dog hunting pack seized under the threat that they would all be taken if she didn't sign so-called surrender agreements. Ms. Willard is charged with animal cruelty after a PSPCA raid arising out of barking complaints and alleged violations of the Philadelphia Dog Limit Law.
Thus, Pennsylvania, much like Kentucky earlier this year, highlights the power struggle between those who would use any means and go to any lengths to eliminate our ability to keep and own dogs and those who would preserve our rights. And in this evolving area of the law, a bad outcome in one state soon infects other states.
When this tragic story broke months ago, NAIA members quickly rallied behind Ms. Willard and organized a legal defense fund to help prepare her for the fight ahead. The outpouring of support has been incredible, but we're at a critical point in the case and need to call on you once more as we approach the trial.
Contribute now to support Wendy Willard.
This case holds the promise of bringing callous over-reaching under color of enforcement authority to a halt. The issues presented are crucial to all dog owners throughout the country if we are to protect our right to own and keep our dogs.
In the first part of the case, the barking complaints were dismissed. Round 2 will begin next week when the animal cruelty charges that alleged a muddy kennel (in the midst of flooding rainstorms) and deprivation of necessary veterinary care (despite 18 years of treatment records by Willard's veterinarian) will be heard. Future litigation is likely after the successful defeat of the charges as Ms. Willard continues to seek justice against an organization that violates civil rights, threatens property and seizes our dear pets.
Your contribution today will support these critical efforts.
A few important recent developments bode favorably for Willard, and the rights of pet owners:
Significantly, the PA Supreme Court issued a decision in late December 2009 in the Snead case: after a 10-year battle in the courts, it held that the (PSPCA) is not a governmental agency and, therefore, is not immune to state civil suits - including punitive damages - for actions they take. This followed an earlier ruling in the same case that the PSPCA is not immune from federal civil rights claims, including the award of counsel fees.
Also in December, PSPCA's Board Chair Harisse Yaron's decision to resign was closely timed to the decision of the District Attorney of Lancaster County to end all criminal charges sought by the PSPCA against kennel owners who the PSPCA, without consulting the District Attorney, had charged with animal cruelty for alleged health problems in dogs found outside the Commonwealth.
Among the many questions that PSPCA must be compelled to answer next week in the Willard trial are the following:
* What authority does a humane society have to cite citizens for code violations at a time when its contract with a municipality to do so had expired?
* How can a search warrant be issued on probable cause to believe that cruelty occurred when its sole claims are observations of feces being cleaned up, something the law requires that you do, and of feces odor, a necessary consequence of cleaning?
* How can animals be seized for an alleged violation of a limit law that does not authorize seizure?
* Why has the PSPCA refused to tell anyone where the hounds are or disclosed their current condition or permitted an examination of the dogs?
* How can organizations like the PSPCA continue to flout our constitutional rights to be free from unreasonable searches and seizures?
The right answers to these critical questions should give pause to overzealous animal protection agencies everywhere, and help put an end to the widespread abuse of power we are witnessing Please continue to support our efforts to bring justice for Ms. Willard and to protect all of us from future unconstitutional evisceration of our liberty.
Thank you for supporting this cause and standing strong with responsible pet owners across the country!
NAIA Trust
Strengthening the human-animal bond and safeguarding the rights of responsible animal owners.
NAIA and PSPCA
Re: NAIA and PSPCA
From: Julian Prager [mailto:resolutebulldogs@verizon.net]
Sent: Wednesday, April 21, 2010 7:48 AM
To: Barbara Reichman
Wendy Willard and her Murder Hollow Bassets were raided by the
Pennsylvania Society for Prevention of Cruelty to Animals on July
27, 2009. The raid occurred with a warrant obtained after
trespassing on her property and seeing her cleaning her kennel runs,
a daily task required by law. They seized 11 of her hounds by
threat, intimidation and misapplication of the Philadelphia County
limit law.
Where does the case stand? And where are the 11 hounds now?
The hounds were spayed and neutered by the PSPCA, and turned over to
an unlicensed rescue that sold them for adoption long before the
case even came to trial in January. This was discovered only after
a tentative resolution negotiated through the Court. The PSPCA has
refused to comply with a Court Order to furnish all veterinary
records documenting treatment or their claims of animal cruelty.
They also refuse to return one of the hounds as directed by the
Court. Motions to hold the warrant and subsequent search/seizure as
illegal and to dismiss the charges remain outstanding as the Court
continues to seek a reasonable resolution without trial.
It has become a protracted, very expensive process including
harassment by multiple attempts to have Wendy cited with code
violations as running an unlicensed business all of which have been
dismissed, withdrawn or voided as baseless.
A more complete summary of the process can be seen on her website, www.hounddefensefund.org
.
Wendy is extremely grateful for the support of many organizations,
packs and individuals thus far, but she is need of continued
financial assistance to help fight this case. Her plight could be
anyone's, anywhere, in the United States in the current climate of
increasing animal rights attacks.
You can donate through the website shown above. If you prefer to
donate by mail, please send your check, payable to Wendy Willard/
Escrow Defense Account, to: Hound Defense Fund, 1229 Chestnut
Street, #107, Philadelphia, PA 19107.
Thanks very much for your concern and help.
Sent: Wednesday, April 21, 2010 7:48 AM
To: Barbara Reichman
Wendy Willard and her Murder Hollow Bassets were raided by the
Pennsylvania Society for Prevention of Cruelty to Animals on July
27, 2009. The raid occurred with a warrant obtained after
trespassing on her property and seeing her cleaning her kennel runs,
a daily task required by law. They seized 11 of her hounds by
threat, intimidation and misapplication of the Philadelphia County
limit law.
Where does the case stand? And where are the 11 hounds now?
The hounds were spayed and neutered by the PSPCA, and turned over to
an unlicensed rescue that sold them for adoption long before the
case even came to trial in January. This was discovered only after
a tentative resolution negotiated through the Court. The PSPCA has
refused to comply with a Court Order to furnish all veterinary
records documenting treatment or their claims of animal cruelty.
They also refuse to return one of the hounds as directed by the
Court. Motions to hold the warrant and subsequent search/seizure as
illegal and to dismiss the charges remain outstanding as the Court
continues to seek a reasonable resolution without trial.
It has become a protracted, very expensive process including
harassment by multiple attempts to have Wendy cited with code
violations as running an unlicensed business all of which have been
dismissed, withdrawn or voided as baseless.
A more complete summary of the process can be seen on her website, www.hounddefensefund.org
.
Wendy is extremely grateful for the support of many organizations,
packs and individuals thus far, but she is need of continued
financial assistance to help fight this case. Her plight could be
anyone's, anywhere, in the United States in the current climate of
increasing animal rights attacks.
You can donate through the website shown above. If you prefer to
donate by mail, please send your check, payable to Wendy Willard/
Escrow Defense Account, to: Hound Defense Fund, 1229 Chestnut
Street, #107, Philadelphia, PA 19107.
Thanks very much for your concern and help.
Re: NAIA and PSPCA
is there a real and indepth current update on this case and a itemized list of past present and reasonable future expenses due to her defense? I would donate if the case and monetary plight and need was clearly defined. I think the houndsmen of america surely must contain a number of lawyers, if just one of these houndsmen would be willing to offer his education in support of houndsmen's hunting/hound issue's we as a group would benefit greatly.
This is where a NATIONAL HOUNDSMEN FUND would provide a legal support system for us. most groups focus on the breeding/money and competition aspects. If a national hound/dog groups alliance could be founded we would collectively be large enough to sway a large percentage of issues in our favor. Dog food companies could be pressured in their political stance. as could the manufacturers of hunting dog related supplies and products. state wildlife agencies could be addressed by a large united front. spokes people could be selected on communication ability and desire to support the use of dogs in pursuit of game. think of every bird dog owner and hunter out there as a potential ally! if membership had some small perks and the support of the whole if needed in a legitimate case. this is a very large project and would need a great many people to be feasible and effective. I could ramble on and on but would like to ear someone else's thoughts on the subject
This is where a NATIONAL HOUNDSMEN FUND would provide a legal support system for us. most groups focus on the breeding/money and competition aspects. If a national hound/dog groups alliance could be founded we would collectively be large enough to sway a large percentage of issues in our favor. Dog food companies could be pressured in their political stance. as could the manufacturers of hunting dog related supplies and products. state wildlife agencies could be addressed by a large united front. spokes people could be selected on communication ability and desire to support the use of dogs in pursuit of game. think of every bird dog owner and hunter out there as a potential ally! if membership had some small perks and the support of the whole if needed in a legitimate case. this is a very large project and would need a great many people to be feasible and effective. I could ramble on and on but would like to ear someone else's thoughts on the subject