pet connection

When the Los Angeles Superior Court ruled in December of last year that L.A. Animal Services could no longer participate in any program to neuter and release feral cats, the sheer scope of the order hit the animal welfare world like a sledgehammer. Today, the No Kill Advocacy Center and the Los Angeles Stray Cat Alliance, a TNR group, are fighting back with the filing of a lawsuit calling the ruling unconstitutional and in violation of state law.

I spoke with NKAC director Nathan Winograd, who said the judge’s order in the case, known as Urban Wildlands Group vs. the City of Los Angeles, was unconstitutional, ignored state law, and was incredibly far-reaching.

The judge issued a writ that prevented the city from even telling people that there were services available anywhere in the community. It prohibited the city from waiving trap rental fees for trap-neuter-release programs. It ordered city shelters to stop releasing feral cats to rescue groups.

The court even went so far as to tell city shelters they could not change any laws that would allow any kind of TNR initiative in the future. The order oversteps the authority of the court, telling legislators they can’t pass laws. It also violates California’s Hayden law, which explicitly gives rescue groups right to take those cats who are going to be killed.

The ruling is so far-reaching that all the shelters were ordered to remove from their premises any literature that even expresses support for TNR, including independent magazines in the shelter waiting rooms. We think this order is unconstitutional, and we are going to make that argument in court.

Representing us pro bono is national law firm Akin Gump Strauss Hauer & Feld, LLP, and they have filed an emergency motion in superior court asking the court to allow us to intervene as defendants in the case, as if they sued us instead of the city. We have heard the city may not appeal, so we would appeal the court’s order as the intervener-defendant. Even if the city does decide to appeal, we believe that the law impacts our interests in a very significant way, and believe we will provide a more vigorous defense of the cats.

We believe we have an incredibly strong case both as to our motion to intervene and the legal merits of the court order, which is so wide ranging and ignores several facts of law.

One, we don’t believe the city actually has a TNR program. It’s being done by rescue groups and volunteers. The city only provides low cost vouchers for spay and neuter.

Even if the court finds that constitutes engaging in a TNR program, the claims by the Wildlands Group is barred by statute of limitations, as the city has been doing it for years. Their action was not filed in timely manner.

Last, the order went too far and impinged on the sovereignty of the legislative branch in telling it that it can’t make laws that are constitutional.

Aside from the legal issues, we want to make it clear we’re not willing to allow the Urban Wildlands Group to turn back the clock on shelter policies to the dark age of catch and kill, and make it the official policy of the city of Los Angeles. We also don’t think it addresses the real cause of bird species decline, namely, human activities and pollution.

One of the other things we’re going to cite is that Urban Wildlands takes great pains to say they’re not advocating for the killing of cats, but that is exactly the effect of the ruling. One of the studies we’re bringing before the court is a 2006 study in the Journal of the American Veterinary Medical Association, looking at all shelters in Ohio over an 8-year period. It found that only one shelter had cat deaths dropping instead of rising, and it was the only one with a TNR program.

In 2008 or 2009, there was a study Alley Cat Allies brought to light, a national study conducted by the Harris Poll that found that over 80 percent of respondents thought it was more humane to leave a cat in the street if they knew animal control would put a cat to death.

Given that L.A. city shelters can’t discuss TNR, or refer people to a rescue group, or offer low cost spay/neuter vouchers, or release a feral cat back to the person calling animal control about the cat, the net effect will be an increase in the number of free roaming ferals in the city of Los Angeles. So even if the goal is to reduce numbers to reduce predation, this ruling acts in opposition to that goal.

Winograd said that one of the attorneys involved in the case also represented the NKAC in its previous successful lawsuit against the county of Los Angeles about the rights of access for rescue groups to animals in the county shelters. They expect a fairly rapid ruling on their request to be recognized as an intervener-defendant, which will be heard by the same judge who issued the order. If he rejects it, they’ll appeal, and a different judge would hear the case at that time.

If I had to sum up in one sentence the current battle between feral cat advocates and the conservation groups that filed suit to stop Los Angeles from funding trap-neuter-return programs until an environmental impact review is conducted, it would be this: By all means, let’s fight with each other and ignore the real problem.

Birds and other wildlife are not threatened because of feral cats — certainly not the feral cats of that sylvan wilderland known as the city of Los Angeles. And feral cat colonies don’t exist because people wuv kittehs so much they can’t bring themselves to control them.

No, wildlife is threatened and feral cat colonies exist for the same reason — because people screwed up.

I feel a distinct fondness for many members of my own species, but I have to confess, we haven’t been the most forward-thinking, big-picture kind of creatures when it comes to development, deforestation, habitat destruction and air and water pollution. And those are the things that have pushed many species of bird and wildlife to and over the edge of extinction.

It’s also our lack of big-picture thinking that has allowed the problem of unowned cats to exist in the first place, as we have failed to implement simple and effective programs designed to manage their colonies and reduce their numbers through sterilization.

I understand that to a lot of people on the outside of the feral cat advocacy community, the thought that feral colonies might require some environmental review seems reasonable, even seductively so. Why not study it before funding it? Right?

That might be fine if it was coming from a place of genuine scientific curiousity. It might be fine if there was an actual concern that the best solution be found that enables both wildlife and cats to thrive. It might be fine if the information would be gathered and used to find good, non-lethal solutions for conflicts between two different groups of animals in a given location.

But I just don’t buy it.

The groups that brought the lawsuit know perfectly well the city of Los Angeles has no funds and little desire to pay for an EIR. This is, in short, an effective death sentence for those cats, disguised as a reasonable proposal for scientific study.

In fact, the issue of feral cats is always treated like a zero sum game by those who oppose TNR programs. They believe it’s a case of “kill cats, or wild creatures will die.”

But plenty of feral programs have shown that’s not how you do the math. Look at Project Bay Cats in Foster City, Calif., where the local Audubon Society and a feral cat group got together and designed a model feral cat and wildlife management program in 2006:

To protect birds and their habitat and reduce debris along the levee pedway, 10 cat feeding stations were built by Homeless Cat Network and installed along the trail. Appropriate locations for the stations were jointly identified by the three groups, with special consideration given by Sequoia Audubon Society to insure that the stations were placed away from bird habitats. The program’s effectiveness is a result of keeping the cats well-fed and concentrated away from avian nesting sites.

“There are fewer cats on the Foster City Bay Trail now, and those that remain appear healthier,” says Robin Winslow Smith, Conservation Committee Chairperson of the Sequoia Audubon Society. “Thanks to the feeding stations and the spay/neuter effort, the cats seemed to have settled into the program and don’t need to hunt for dinner since they have it in their feeding stations.” As further evidence of the program’s effectiveness, Sequoia Audubon Society recently found that the endangered California Clapper Rail, which lives in a marsh on the border between Foster City and San Mateo, is thriving and is not impacted by the cats. In fact, the Rails are quite easily seen and heard there at high tide.

Alley Cat Allies has been organizing against the Los Angeles court ruling that not only stopped the city from funding sterilization for feral cats in some very ugly and egregious ways (including forcing rescuers or Good Samaritans to “prove” a cat being brought to a spay/neuter clinic is really theirs — this, in a city with a mandatory spay/neuter law!), but stopped the city from even telling rescuers about sources of private s/n funding.

Yeah, that’ll cut the feral population down. Well played, conservation groups. Well played.

They apparently don’t care, because they want the cats killed anyway. Because wow, no one’s ever tried that before! I mean, if groups hadn’t gone in there and started sterilizing those cats, they’d all be gone now. Because that’s just how it works.

Yeah.

It’s idiotic for wildlife advocates and feral advocates to fight like this. Our communities are huge wrecks of poverty, fast food and non-sustainability. Many kids never eat a piece of fruit in their lives. Urban sprawl spun out and is now painfully contracting, leaving wastelands of concrete and stripped-down abandoned suburban neighborhoods behind. And the corporations are using the current economic meltdown as an excuse to weaken environmental regulation on all kinds of industries.

We need to stop fighting and find ways to work together, as the two groups did in Foster City, and make it work. Neither has to die — not the ferals and not wildlife. We have these big frontal lobes and opposable thumbs. I think we can figure this out if we try.

And then we can focus on the real issues. Because that’s what’s going to kill wildlife, and cats, and us.

I have an uncle who has become an avid Pet Connection reader since I joined the staff (Hi Fred!).  He’s a cat-lover, and has told me I’m too dog-centric in my posts.  For Fred and all other similarly-inclined cat owners, this morning’s post is for you.  Not all cats, but mostly.   Never let it be said I can’t take a hint…

Lower your cholesterol — get a cat! An article courtesy of my friend Pete Hansen, who acquired a cat a few months back.  You’ve probably seen essays and news stories saying that owning a pet relaxes you, therefore lowering blood pressure.  Now there’s some evidence indicating it helps your cholesterol, too!

The cat who came in from the cold:  The first paragraph of this heartwarming story from the Edmonton Journal, by way of Gina, made me reach for my parka and boots, while still sitting in my living room:

Bob the cat showed up at Air Canada cargo services’ warehouse at the international airport on a morning when a Siberian front swept through Edmonton, plunging temperatures into the -30s.

I don’t care if it is celsius, thirty below is still way too cold.   Bob, who the airport workers soon learned is female, settled in over time.  Now,

there’s never any doubt she runs the place, though, and that she has the men wrapped around her little paw.

Always be prepared.  It’s not expensive, and could make all the difference. You may have a first aid kit at home for your adults and non-furry children, but do you have one for the ones with tails and paws?    You should.   I admit that I don’t, but I’ll be using this well organized, easy-to-follow post from Smartdogs to create one.   It’s a great idea, because you never know.  Don’t wait.  Please take advantage of the great hints here.  I know I will.

Tiger Ranch operator sentenced to 27 years probation for cruelty: Sorry, I didn’t promise these would all be happy stories.   A tip of the cap to Mary Mary for the final chapter of this terribly sad saga from Pittsburgh.  She and I are both convinced that the Tiger Ranch venture probably started out as a terrific idea, but quickly spun out of control.  Now, almost two years later, it stands as a tragic cautionary tale.  My personal belief is there was likely some mental illness in play as well, but in any case, the judge’s words at sentencing remain accurate:

“I came into this case thinking … you were most likely a woman who had good intentions but became overwhelmed. From that perspective until today, I have learned quite a lot,” said Rangos, according to the Pittsburgh Tribune-Review. “You have chosen not to cooperate and spew vitriol in others’ direction without taking any personal responsibility for the disaster that Tiger Ranch became.”

Kudos to Amy Worden at Philly Dawg for her work on this story.  She has followed it from the beginning, and Amy is always worth reading.

Three new breeds at Westminster: Petville tells us there will be three new breeds shown at the 2010 WKC Dog Show at Madison Square Garden on February 15 & 16:  the Irish Red and White Setter (pictured: not just a color variant, but a different breed from the Irish Setter), the Norwegian Buhund, and the Pyrenean Shepherd.  If I may say so, these are three gorgeous dogs, and I’m looking forward to seeing them in the show.

Have a great morning.  I’ll be back later today with something completely different. And don’t forget: If you have something good to read, add a link to the comments, or e-mail me.

Photo credit: Codie McLachlan, edmontonjournal.com

Troy Snow uses his camera to give voice to animals in need. I have long been a fan of his work, going back to his days at the Best Friends Animal Sanctuary. He eventually decided the beautiful backdrop of Angel Canyon wasn’t enough for the stories he needed to tell, and now he’s a free-lance photographer.

So he was when we reached out and begged him to be the lead photographer on our “The Ultimate Dog-Lover” and “The Ultimate Cat-Lover” (Equine photographer Sarah K. Andrew, whose RockandRacehorses blog is on the left rail, is the lead photographer on our “The Ultimate Horse-Lover.”)

The photography was just about my favorite part of the books — full-color glories that celebrate what our Dr. Becker calls “The Bond,” that special connection we have with animals.

Troy is drawn to the less fortunate of our animals. He has spent countless hours on the streets of post-Katrina New Orleans, caring for and documenting the animals struggling alongside the people there.  The warm weather and boom of rodent populations in the months following the disaster triggered geometric growth in the feral cat population, some kittens born to cats already wild, some to pets left behind when the neighborhoods were washed away.

This morning’s mail brought a note from Troy. He is again using his camera to help animals, this time with modest project: “CATS: Feral Felines by Troy Snow,” a calendar for 2010 with proceeds to benefit the work of Alley Cat Allies.

He apologizes for it being a tad expensive ($17.49), which is also so very Troy. He lives on a shoestring, and is well aware of how many others do, too.

But he needn’t apologize: Having a year of Troy Snow images to enjoy and knowing that the calendar meant a donation for a really good group, well, that’s a bargain at prices far higher than this.

Buy. Buy. Buy.

Sometimes there are comments that are just too good to stay there. From regular JenniferJ, here’s one of them:

There are certain attitudes, biases, assumptions and cliches that just won’t shift, no matter what real world, documented evidence or reasoned argument is put before them.

—Pets are a luxury, if you ever can’t afford something for your pet, you’re bad and unworthy and don’t deserve a pet.

—S/N is the MOST important measure of pet owner responsibility. Whether you could not afford the procedure or have a health screened titled dog you’ve chosen not to alter, you are bad and irresponsible

—Being intact is cruel. Sorry, being intact, with normal healthy organs is cruel? Nope. But intact pets do need a bit different management and those organs are inconvienent for many owners and after a certain age, the pet will be fine without them. so long as the decision is between a vet and owner I sure as hell have no issue with spay/neuter. Most of my pets are or will be altered, but a male dog in possession of his testicles does not equal suffering

—If you breed a litter you have automatically killed the same number of pets in the shelter. Does not matter that there are more than enough homes and if shelter were able to gain just a small amount more market share, 5-10% depending on regional circumstances, we could get all placeable pets into homes.

—there is no such thing as a responsible breeder, they’re all the same

—All the opposition to MSN is from the wicked breeders

—Breeders ALL make a lot of money (HaH! Ha hahahha We could have bought another HOUSE on what has gone into the dogs over 20 years. I am NOT exaggerating )

—Feral cats are all the fault of bad owners, they are all only one generation out of homes and if we make the bad owners spay and neuter them then the feral problem will magically disappear. And if you click your heels together and wish really hard…

—Those kittens flooding the shelters every spring all come from bad owners cats, because feral cats don’t have kittens where you can find them and remember, the moms weren’t really feral.

—TNR does not work. And even if it works, it’s cruel because the cats would be better of dead than be at risk outdoors. And even if being outside is not cruel, they kill wildlife.

Side note here: Yes, they do kill wildlife. Not to the extent that they are blamed probably. Feral colonies do not belong near endangered species breeding grounds etc.. But in most urban and suburban settings the real killer is development. I’m rural and help manage a colony and because the wildlife has natural habitat, it is thriving in spite of the cats. plus as ferals age, they tend to eshew the birds for the kibble, word.

And even if cats are responsible for every crime they are accused of A century of catch and kill has utterly failed to eliminate ferals. TNR has documented success in reducing numbers and numbers of kittens. Go with what works folks!

—If you ever go into a shelter and see the animals there, you would never breed, oppose MSN blah blah… Sorry, I’ve been in a lot of shelters. Like MANY dedicated breeders I pull dogs from shelters and rescue other breeds and mixes and species when they cross my path.

—Pets are all interchangeble. If the person who wants a small lap dog can’t find one they will be happy to come adopt an 85 lb lag mix or a cat instead.

—People who buy a pet are evil or ignorant. people who adopt acquire automatic virtue. Does not matter what kind of home they actually are.

There are more but you get the idea. And it does not matter what arguments are brought forth or how much hard evidence you present.

Being that rock solid sure of a conviction must be nice for them, but it’s not constructive. We need real-world solutions and strategies that actually work. If something has failed for decades, it’s failed, time to move on and evolve.

Amen, Jen!