NAIA and PSPCA
Posted: Sat Jan 09, 2010 3:56 am
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.
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.