Animal Humane Society Agrees to Stop Illegally Killing Cats - Sometimes
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    Published 01/08/2010 03:43:50 PM

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    January 8, 2009 - This is breaking news following up to a story Animal Ark reported about Animal Humane Society illegally killing stray animals brought to them, without holding them the 5-day period required by law. It also relates to serious discrepancies between Animal Humane Society public statements and actual realities at Animal Humane Society. (also see THIS dramatic example) What we have not reported is the fact that Animal Ark, in partnership with other animal welfare organizations and Minnesota residents connected with animals killed by AHS, have been working behind the scene to save animals, and ensure compliance with Minnesota State law.

    Animal Ark has remained quiet about attempts to negotiate an agreement from AHS to comply with the law. Our goal has been to ensure that all stray animals (as defined by Minnesota State law) are held for the required 5-day period. Additionally, we hoped to open up discussions about additional life-saving opportunities with stray and other animals. In order to engage AHS in discussions about these issues, AHS demanded, and Animal Ark agreed, the discussions would be fully confidential confidential.

    Unfortunately, yesterday (Jan 7, 2009) Animal Humane Society published an article, linked from the front page of their web site, discussing these negotiations, in violation of a confidentiality agreement they demanded. While publishing this article, they grossly misrepresented the negotiations. They also defamed Animal Ark in the process.

    As a result, Animal Ark has determined that the confidentiality agreement Animal Ark signed is no longer enforceable. In an effort to set the record straight, and to hopefully help more animals in Minnesota, Animal Ark is preparing to release a series of previously confidential documents; letters from their attorney, email correspondence with AHS staff, board members and more. These documents span a time period of more than 1.5 years, during which Animal Ark, and others, have been working hard to simply get the Animal Humane Society to comply with Minnesota law, and, therefore, protect more animals.

    The first document we are releasing is a detailed chronology of the evolution of this dispute. Embedded in this chronology are links to some other key documents relating to this issue. In the near future, we will be delivering other documents, including legal summaries of the arguments in this case and more.

    Until then, there is some good news to report: Albeit in a slightly convoluted way, Animal Humane Society has reported they will no longer accept cats they deem to be feral from municipalities that contract with them. Given that a designation of "feral" at the Animal Humane Society has been 100% fatal, we consider this to be a positive, though very small, step forward. Not addressed by this decision by AHS are many things, including: how does a city that contracts with them know what AHS will consider to be a "feral" cat? Why would they treat animals brought in by cities differently than stray animals brought in by the general public?

    Given the relatively small number of animals involved (according to their statistics) why would they refuse to simply follow the law?

    AHS claims it only designates about 600 animals as "feral" each year - though it is worth noting that number has changed during this discussion. Assuming 600 is correct, that is only 120 animals per year at each of its 5 shelters. The required holding period for stay animals is only 5 days. Therefore, holding all of these animals the full five days would only add, on average, about 2 cats to each of their shelters' population.

    Estimates on numbers of cats needing to be held for TNR also assume that all of the cats would need TNR, which is a false assumption. Some of the cats would be reclaimed. The Afton cats would have been. Not all of the cats would have to be held for 5 days. Furthermore, some of the cats would calm down from the trauma of being trapped and transported after a few days, and would be able to go into the adoption program, rather than the TNR effort.

    In spite of the fact that AHS has large numbers of empty cages at all of their shelters; and in spite of the relatively small imact this number of cats would have on their shelters, AHS refused to simply follow the law.

    Animal Ark would like to correct several pieces of misinformation posted on the Animal Humane Society web site. In their article, AHS wrote:

    AHS also offered to release feral cats to the Hastings organization’s feral cat program, but the organization rejected the opportunity to take them.

    In fact, though it is yet unclear why Animal Humane Society, with more than $20 million dollars in reserves, could not address the needs of this small number of cats themselves, Animal Ark actually did offer to take all stray cats AHS held for 5 days and which, at the end of the 5 days, it believed were feral. All we asked in return is that during an interim period, while the details of such an arrangement were worked out, that AHS would begin following the law and hold all stray animals (as defined by Minnesota law) for at least 5 days.

    Yesterday, January 7, 2009 (at nearly the exact time the article appeared on their web site), our attorney received a letter from their attorney stating AHS refused to sign the interim agreement. AHS turned down Animal Ark's offer to help felines that are unnecessarily killed in their shelters.

    Furthermore, AHS stated it had "very limited resources" with which to help animals. I wonder how many of their donors would consider $20 million in reserve "very limited"?

    Some good news to report: the City of Afton has already terminated their impound contract at AHS. Today, Animal Ark was informed by the City of Woodbury they will do so within 2 weeks. There are alternative impound providers that follow the law.

    We strongly encourage all municipalities to seek them out and use them.

    If you are concerned about the welfare of animal in Minnesota and beyond, we encourage you to take action. Here are some things you can do to help:

    1) Share this article with your family and friends. Use email, Facebook, MySpace and Twitter to help get the word out.

    2) Write letters to the editor, asking that the media cover this, and all of the related issues.

    3) Contact AHS and tell them your donation dollars will be directed to no kill organizations, and demand of their board a change in leadership. Tell them you are sick of the lies, sick of the killing and that you are not willing to be quiet about it.

    4) Support the organizations working for change!

    Related Content
    Summary of Legal Arguments in Humane Society Stray Cat Dispute
    Join the conversation about this article below...




    Archive of readers comments:

    On 02/21/2010 To AHS Worker said: To AHS Worker

    I only hope it helps...


    On 02/21/2010 AHS Worker said: to Mike Fry

    Wow we actually very rarely let animals out of the cage for free will exercise. They get out if they are fearful and the volunteers are working with them or they are house trained and even then I doubt its 15 minutes. I will definitely figure out the cage size thing and I will call someone who can help. Thanks


    On 02/20/2010 Mike Fry said: To AHS Worker

    Thanks again for your continued concern for animals at Animal Humane Society. First, I will answer your direct question, then I would like to comment on what appears to be some false assumptions woven into your posting.

    The short answer regarding whether or not the housing you describe is legal or not cannot be answered without a better description or video or photos of the conditions. If you can document these conditions, then email the photos or videos, descriptions of the caging, etc. to shelter@animalarkshelter.org. Animal Cruelty laws are pretty specific, requiring pretty specific amounts of space for each animal in housing. They are also required to receive "regular" exercise, which has typically been interpreted to mean every 8 hours at least 15 minutes of "free will exercise" outside of their cage. Other conditions also need to be met.

    To compute the floor space requirement a dog needs in their cage, use the following formula:

    Measure the dog from the tip of its nose to the base of the tail. Add 25% to that number. Then multiply it by itself. That will give you the space in square inches. Divide that number by 144 to get the square footage...

    Or, you can simply use Animal Ark's Puppy Mill Cage Size Calculator. This calculator uses USDA requirements, which are slightly different than MN State Law, but they are similar enough to give you an idea of the space required by law. The space required by law is not very much, unfortunately.

    If AHS is NOT meeting these requirements, a complaint should be called into the local police department in the City where the animals are being housed. That complaint should be made as soon as the next "shipment" arrives.

    Now, onto the assumptions you seem to be making in your post: You seem to think that AHS cannot be both "open admission" and no kill. That assumption is false, and proven to be false by the number of open admission no kill shelters spreading across the country. Statistically speaking, if AHS euthanized the terminally ill and seriously dangerous, they should achieve a save rate of more than 90%. Doing so would mean they were not killing healthy or treatable animals. Instead they would be using the term "euthanasia" based on its dictionary definition.

    Furthermore, a Pioneer Press article last summer covered the whole issue of importing animals. The reporter looked at the kill statistics at a shelter in the south that had recently sent a bunch of dogs to AHS. While AHS has a kill rate for dogs and cats approaching 50%, the shelter that sent them these dogs had a kill rate of around 20%. So, the idea that AHS is only taking animals that would be killed elsewhere is totally false. In fact, in other contexts, Sr. management at AHS has explained the strange practice of killing local animals while importing others from other parts of the country as a means to ensure there is "a good selection" (i.e. "variety") on the adoption floor.

    And lastly, think about this: If your assumption is true, if in fact dogs are going to be killed in other parts of the country and then they are sent to AHS and then AHS decides they are unacceptable, why would they send them back across the country to a shelter that is going to kill them? There are some serious gaps in the logic here, no matter how anyone tries to justify it.


    On 02/19/2010 AHS Worker said: To Mike Fry

    Actually what we are doing now with the dogs we get from some other shelters is we are sending them back to the shelter they came from if they are not adoptable and most of the animals we take from other shelters are ones that would be put down at the other shelter for space or time limit reasons. I am very glad that we are giving these animals another chance but at the same time I do not believe it is okay to have them housed where they can literally touch each others noses. Is there any laws against that? If there is I can get pictures of it. Also I would like to say that if AHS wasn't an open admission shelter and we didn't take animals that were very ill and old or in incurable pain, or try to kill other animals, or children where would they go. I will tell you, most owners would abandon them out in the street so they could potentially die of starvation or get hit by a car. Sorry I know this article was about feral cats I'm just trying to give you better things to attack them for and wanted to say there is and always will be a need for humane euthanasia. What we need to do is keep fighting for more strict pet laws and puppy mill laws.


    On 02/18/2010 Mike Fry said: To AHS Worker

    Hello AHS Worker,

    I appreciate your taking the time to post. I certainly do believe everything you are saying, with one exception. Before I get into the single point with which I disagree, let me first highlight the many areas with which I do agree:

    I fully believe that AHS is still killing cats they deem "feral", which is why the title of the article ends with "Sometimes".

    I am also well aware of the grossly dysfunctional policies about which you speak, that result in the unnecessary killing of at tens of thousands of animals. AHS policies on upper respiratory, ringworm and other minor, treatable conditions that are common in animals are repugnant and unacceptable in an organization that is supposed to be committed to helping animals. Furthermore, the numbers of animals being imported into MN by AHS - often being "rescued" from facilities that have LOWER kill rates than AHS has - certainly creates a lot of drama. The practice, however, results in more killing at AHS, not less.

    The size and style of the caging at AHS is out-dated and cruel, resulting in behavior problems with animals - behavior problems they then use as excuses to kill animals. So, there is a lot we can agree about.

    I also feel much sympathy for you and appreciate the plea for help. Beyond what I have already been doing to call attention to these things, there is little more that I can do, other than that as a worker inside the organization, maybe it would be helpful for you to connect with other employees there and work up a plan to document your experiences. There are many skilled and talented staff at AHS, many of whom feel like you do.

    The problems are almost entirely with sr. management who are ill-informed, disconnected, disinterested and who use sheltering ideas that are, literally, more than 100 years out of date.

    The one area with which I disagree with you is your ability to distinguish between a companion cat and a "feral" cat. I understand that you may believe you can tell the difference. However, if the choice you make is always to kill the "feral" you will never have an opportunity to see when you are wrong. Furthermore, because MN State Law does not define the term "feral" the term is irrelevant and pointless in a discussion about following impound laws in the State.

    The fact that AHS is still not in compliance with MN State Law is not being debated. We fully believe they are breaking the law still, and are preparing to take necessary action to stop, at least, that one aspect of the gross dysfunction taking place at AHS.

    Thanks again for taking the time to post.


    On 02/18/2010 AHS Worker said: Rant and Rave

    So I work at AHS and I agree they do a lot of good for the community and the animals. I am one of the lower level workers that actually deals with the animals. You CAN tell the difference between a feral cat and a domestic cat you are in denial if you don't agree we are still putting cats down as long as a vet verifies that it is a feral cat. I also agree that feral cats should be put down because there quality of life isn't very good out there on their own we get a lot of poor domestic cats with frost bite on their ears from being left in the cold. I want to help you fight for lowering AHS's euthanasia rate by giving you these well hid facts on our euthanasia protocols that I do believe are wrong. This is a list of what we euthanize.

    ~We spay pregnant moms no matter how far they are along and pull out the babies and euth. them.

    ~Mouthy pit bull puppies and adults

    ~Scared pit bulls even if they are the littlest bit scared.

    ~Cats that get upper respiratory a 2nd time in the shelter (unless someone really fights for them)

    ~Cats that come in with upper respiratory even kittens and even if they are just sneezing a bit.

    ~Pit bulls that are too hyper excuse me I believe the words they use are "highly aroused" even if they have been without exercise on the adoption floor for a month.

    ~Puppies that are food aggressive I understand why an adult would be put down for that but isn't that a puppies natural instinct.

    ~Dogs with separation anxiety if they are hurting themselves to get out I understand but that isn't always the case.

    This is all I could think of for that off hand but we were in the paper a while back talking about a insane number of dogs we had been getting in and they said they figured it was because of foreclosures and the economy, but the truth is we take 20+ dogs per week from other shelters in other states. Sometimes they choose to stuff so many dogs in they double up the dog runs with only a gate separating, that the dogs can see each other and touch noses threw. Also they added these stupid cat shelves in the cat cages and they hardly have any room in their cages. They sometimes have to put dogs in the garage when we get in big cruelty cases and even the Vets agree has poor ventilation. I hate that I have to say this but please help Mike.


    On 01/22/2010 Mike Fry said: James, Check the Facts

    James, you need to get past what people are saying. People say things. AHS says they have "limited resources" in spite of the fact that they have more than $20 million in reserve and an annual budget that averages around $11 million. I don't know about you, but I don't personally know anyone that would call $20 million in reserve "limited resources".

    Furthermore, the end result in this case is a result of AHS refusing to follow the law. Our job as animal welfare advocates is to, well, advocate for animals.

    The vary least we should expect from a very large so-called animal welfare organization is that it follows the law. If they refuse to do so, following nearly 2 years of opportunity provided to come into compliance with the law, then the resulting litigation is a result of their actions.

    You have the entire equation exactly inside out and backwards...


    On 01/22/2010 james said: what now

    AHS stated that their resources were very limited in helping animals. Congratulations Mike Fry and Animal Ark for taking money that could be spent on helping animals and putting into legal and court fees. How is that helping animals?


    On 01/13/2010 Cat Gall said: Wrong on 3 Counts

    Kristen is obviously wrong on 3 counts.

    1) A Ark did post her comments
    2) There may be room for different ideas of animal shelters, there should be no room for breaking the law
    3) Not holding strays for required period is not excused by the fact that people don't keep their cats inside.

    AHS could maybe put forward an argument in favor of destroying cats, though with the community-wide no kill successes being experience all over the country, it is hard to imagine why they would do that. AHS cannot with any credibility at all, argue they should not follow the law, or give people an opportunity find their lost pets.


    On 01/13/2010 kristin said: awww

    and you probably won't post my comment because you don't agree with me. how pathetic.

    it's real easy to be all high and mighty as a no-kill shelter, but you turn down animals... and just where are THOSE animals supposed to go? there is a place in the animal welfare world for both types of organizations. imagine if a genuinely concerned pet owner or finder tried to surrender an animal, only to be turned down by multiple no-kill shelters. the likely outcome would be more animals simply abandoned or dumped outside, to suffer terribly before dying. i hardly think that's the kind of future you want, but by constantly attacking any shelter that humanely euthanizes animals, that is precisely what you are working towards. good job!


    On 01/13/2010 Kristin said: keep your pets INSIDE

    Maybe if people weren't so irresponsible and kept their pets inside where they belong, this wouldn't be an issue. If they really cared about their feline companions they wouldn't let them roam around outside where they can be attacked by wild or other animals, hit by cars, or picked up as strays. They should also get their pets microchipped at the very least. If a cat comes in and appears to be unsocialized and feral, has no microchip, tags, or other identification, it certainly doesn't sound like they're a pet -- at least not of a loving caring family. I would never EVER let my pets run around outside, because I LOVE them and want them to be safe and healthy. If people aren't willing to at least microchip their pets, and don't keep them inside with the family enough that they are clearly companion animals, then they don't truly love them and they are hardly fulfilling their duties as pet owners. There is a HUGE difference between a feral cat and one that has simply gotten out (or been allowed outside by uncaring "owners"). I have neighbors who allow their cat to roam outside daily (and I despise them for this) -- but the cat does go inside at night, and is quite affectionate. I cannot imagine how little care or human contact an "owner" must offer to have their "pet" deemed to be feral.


    On 01/09/2010 Dr. Linda Wolf said: ?????

    Bottom line: the AHS has been euthanizing animals illegally by not keeping them the required 5 days. All that was asked is that they agree to follow the law. Instead of just agreeing to do what is legal they are trying to do end runs around what is not only morally but legally correct. End of story.