ASPCA's Scare Tactics
“It is time for all of us to lift our voices for those who cannot speak for themselves.”                     -Gail Longstaff, No More Homeless Pets KC
Because of revelations that Ed Sayres supported similar legislation in the past while in California and because of new amendments protecting animals against hoarders and dog fighters, Sayres has shifted tactics. He is now fear mongering that the law will lead to dangerous dogs being released into communities. Once again, this is nothing more than a diversionary tactic. And once again, history proves him wrong.

Oreo’s Law is based on nearly identical California legislation which has been in effect for over a decade. Despite similar dire predictions in California, there is no evidence this has occurred. The reasons for this are many:

1. Like Oreo's Law, the California law on which it is based, did not amend the state’s dangerous dog laws. In fact, Oreo’s Law excludes dogs deemed “dangerous” under New York State law. 

2. It is not appropriate to needlessly kill dogs due to fear that only the most docile of dogs will be safe in adoptive homes. Most institutional shelter employees are less able than rescuers to assess dogs because of differences in their training and the settings in which they test dogs’ temperaments. And rescuers who provide foster care for animals can more easily and accurately assess animals’ behavior than can most institutional shelter employees. Animals in foster care have a longer time to adjust, and they can receive attention that they do not normally receive in shelter environments. In contrast to foster homes, shelters are very loud, crowded, and stressful environments. Combined with pressure to make quick decisions, animals are not given time to settle/calm down in the new environment which would allow more accurate evaluation. As a result, it is not uncommon for animals to be deemed “aggressive” in a shelter environment, only to be found to be loving, friendly animals out of the shelter.                              
In a shelter
In a foster home
In his new home
3. Rescue groups often have among their members (or ready access to) behavior specialists who can provide better evaluation and rehabilitation options for dogs than can most shelters. In the case of animals with true behavioral problems that make them less suitable for most adoption opportunities, rescue groups work collaboratively to seek the best possible circumstances for each animal. 

4. There is no evidence that rescue groups take undue risks by adopting out dogs that pose a safety risk. Rescue groups have the same disincentives to adopting out truly aggressive dogs as shelters do and are well aware that doing so would risk continuity to their ability to rescue and find homes for animals. They are careful to preserve their right of access and their goodwill with the public.

5. On the other hand, there is evidence that shelters over-kill animals, denying them adoptive homes and denying their would-be adopters the ability to adopt them. Many shelters claim dogs are “aggressive” without using a specific test that has been shown to have predictive validity. In fact, some shelters as a rule label all dogs who they say look like specific breeds to be “aggressive,” regardless of their true temperament. Other shelters bang on the sides of cages and “fail” every dog who cowers. In other cases, shelters will simply claim dogs are aggressive when they are just shy or scared by the shelter environment. And still others claim dogs are aggressive, even when they are not in order to avoid public scrutiny and condemnation for the killing.  The puppy below was only a few weeks old and could not even eat on his own. Yet the agency argued that he was “vicious” and should be killed. The puppy was put to death even though rescue groups offered to save him. 
6. In California, the original version of the legislation did have an exemption for dogs a shelter claimed were “aggressive.” This was written in because the legislative sponsor did not believe he could pass the law without it, even though it was understood this would eviscerate the intent of the law by giving shelters an almost unlimited discretion to continue killing dogs despite a lifesaving and cost saving alternative. It was the shelters and municipalities that oversaw those shelters which asked legislative proponents to remove the provision because it opened a shelter up to liability. By specifically excluding dogs they deem “aggressive,” shelters and municipalities did not want the corollary to be assumed: that the dogs they did give to rescue groups were certified to be safe. 

7. There is no established temperament evaluation for cats (this is also true of hamsters, rabbits, and other animals covered by Oreo’s Law.) Cats have been labeled “severe” and “aggressive” in shelter environments only to commonly calm down and blossom in a foster care environment. Since a behavior evaluation of cats is largely pointless, reputable shelters do not evaluate cats for aggression. Moreover, cats deemed “unsocialized” or “feral” are routinely placed with cat rescue and feral cat groups by these shelters, since these cats do not attack, but hide. As such, they do not pose a public safety risk. The cat shown below, cuddling up to someone, was deemed “aggressive” by a shelter and sentenced to death.
Also: Click here to watch a short video of a cat deemed "severe" (high levels of agression) and "feral" at New York City's Animal Care & Control
8. The law will primarily save kittens and puppies, and healthy and friendly animals who make up the vast majority of animals entering—and being killed—by shelters. That is because rescuers will be able to place holds on animals who will then not be killed because “no one wanted them” in the short period of time that is available under the holding laws and policies. To oppose a law with such vast lifesaving potential for all animals entering a shelter based on dire predictions about aggressive dogs which have not materialized despite 11 years of experience in California is unethical and indefensible.
For further reading:

The Ghosts of Ed Sayres' Past Come Back to Haunt Him