Court prohibits ‘shelter’ from dumping kittens on the street
A judge has once again determined that public ‘shelters’ will violate laws that protect animals if left unchallenged
In a victory for animals and those who care about them, a California Court issued a permanent injunction prohibiting the San Diego Humane Society from refusing to provide shelter and care to kittens and lost cats and instead abandoning them on the street.
While the ruling supports the legality of community cat programs, including for feral cats, it requires shelters to comply with state laws regarding abandonment and animal care.
In a bid to recast the Court’s ruling against it, the San Diego Humane Society claimed victory in the case — a claim echoed by apologists for “shelter” malfeasance — even though the Court ruled against SDHS and prohibited them from making any changes to the program that would reduce protections for kittens and for adult cats who are social with people.
CBS originally wrote an article regurgitating SDHS’s false claim of winning:
They quickly removed the article when presented with the truth:
CBS subsequently reported that “A judge found the Humane Society’s Community Cat Program violated state law…” In fact, it wasn’t a community program; it was a program that turned its back on kittens and lost or abandoned friendly cats.
What the ruling means:
California “shelters,” like SDHS, are guilty of abandonment if they release, rather than admit, friendly cats with indications of ownership.
These include:
Sterilization (without an ear-tip);
Microchip (even if unregistered);
Wearing a collar, clothing, or accessories;
Signs of recent medical treatment; or,
Abandonment witnessed or credibly described by a finder.
The Court also ruled that kittens under 12 weeks old and social kittens aged 12 weeks to six months must be admitted into the shelter. It imposed a permanent injunction prohibiting SDHS from instituting changes that would reduce protections for cats and kittens.
The ruling prohibiting release does not apply to feral cats, sterilized cats found with ear tips, or friendly adult cats who do not exhibit any of the above criteria.
It wasn’t a complete victory. For example, “shelters” still have some discretion to determine which kittens must be admitted. They can also continue to kill them after admission, something that many California “shelters” do.
We need to continue insisting on — and passing laws that mandate — No Kill policies.
The case is Pet Assistance Foundation, et al. v. San Diego Humane Society, Case No. 37-2021-00007375-CU-MC-CTL. The ruling can be found here.
Together, we will create a future where every animal is respected and cherished, and every individual life is protected and revered.