Rescuers sue the New York City pound for violating their constitutional rights

News and headlines for October 14 - October 20, 2023

Rescuers and shelter reform advocates are suing New York City Animal Care & Control (ACC) for violating their constitutional rights. Among other allegations, plaintiffs contend that “Defendant ACC, as the administrator of its Facebook page, moderates comments by filtering and deleting comments criticizing the ACC, such as posts using words like ‘kill.’” Citizens not only have a First Amendment right to speak out against government policies with which they disagree, but they also have a constitutionally protected right to demand that the government correct the identified wrongs. When animal lives are at stake — as they are when animals enter a shelter that has not fully embraced a culture of lifesaving — removing comments critical of policies that favor killing by government shelters is even more egregious given the life and death consequences. 

These are some of the stories making headlines in animal protection:

California Governor “Gavin Newsom spent $50 million to end animal euthanasia. So why are more pets being killed?”

While “shelters” blame the public, the honest answer is corruption and uncaring on the part of the shelters and their allies. They fought and killed legislation to save more animals. In court, they argued that they should be allowed to kill animals, even when rescuers are willing to save them. Shelter doors remain closed post-pandemic. Programs remain scuttled post-pandemic. And the Governor gave the money to an organization openly opposed to No Kill.

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The same day rescuers expressed interest in Bowie, Los Angeles County Department of Animal Care & Control — which labeled him “behavior” and “unadoptable” — killed him. Instead of a new beginning, the little 10-pound terrier who should have had his whole life ahead of him, who never tried to bite, who posed no threat to anyone, was injected with an overdose of poison and turned to ash. He was barely 15 weeks old.

As previously reported,

In a lawsuit by rescuers against the Los Angeles County Department of Animal Care & Control, the Court of Appeal unanimously ruled that California shelters cannot kill animals rescue groups are willing to save. Specifically, the court ruled that “the County lacks discretion to withhold and euthanize a dog based upon its determination that the animal has a behavioral problem or is not adoptable or treatable.”

The County of Los Angeles petitioned the California Court of Appeal to reverse that ruling. The California Animal Welfare Association — a lobbying organization of kill shelters and their allies — likewise asked the Court of Appeal to overturn the ruling.

If they had gotten their way, more dogs like Bowie would have died.

But ethics, compassion, kindness, and sensible law prevailed: the Court of Appeal unanimously (again!) ruled against them, preserving the victory for dogs and their rescuers.

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