Are there protections against hoarders and dog fighters?First
of all, it is important to understand that day in and day out, rescuers
show tremendous courage and compassion—visiting what is often the one
place on earth hardest for them to go as animal lovers: their local
shelters. And yet they go back, again and again. They endure the
hostile treatment. They endure the heartbreak of seeing the animals
destined for the needle. They endure having to jump through unnecessary
and arbitrary hurdles set by shelter directors who are holding the
animals they want to save hostage. They endure having to look the other
way at abuse of other animals, because if they don’t, if they speak
out, they will be barred from saving any animals. And this law would
make their lives easier—their work less difficult. It would empower
them, tip the balance more in their favor, and lessen their daily
burden. To claim that these dedicated, hard working rescuers are, in
reality, dog fighters and hoarders in disguise not only is offensive,
but a betrayal of these selfless, compassionate individuals—and a
betrayal to the animals whose lives the law would save.
Second,
over ten years of similar legislation in California has proved that the
fear mongering about animal hoarders and dog fighters is not
legitimate. You can read about why
by clicking here.
Third,
there are plenty of protections in Oreo’s Law to prevent this such as
the requirement that the rescue group has to be recognized by the IRS
as a not-for-profit 501(c)(3) animal rescue or adoption agency. This
requires incorporation, a Board of Directors, annual IRS filings, and
annual filings with the Attorney General. In addition, language in the bill specifically excludes organizations who have officers, board members, staff, or volunteers who have charges or convictions for neglect, cruelty, or dog fighting related conduct.
In addition, the proposed law would allow (though
not require) shelters to charge rescue groups adoption fees. Why would
hoarders and dog fighters pay those fees and make themselves known to
the very agencies which enforce dog fighting and cruelty laws, when
they can get animals for free anonymously through "Free to Good Home" ads?
Finally, nothing in
the law requires a shelter to give an animal to a particular rescue
group. They can give the animal to another rescue group they trust, or they can
decide not to give the animal to any rescue group. The law says that
they can’t kill an animal if a rescue group is willing to save that
animal. They can always find the animal a loving, new home themselves.
How much will the proposed law cost taxpayers?Nothing.
In fact, the law will save taxpayer money and even bring in additional
revenue. Killing an animal costs money. Saving an animal, either
through adoption or transfer to a rescue group, saves money—and also
brings in revenue. Rather than pay to hold, kill, and then dispose of
an animal’s body, the cost of care would shift to the private rescue
group, which would use private philanthropic dollars to care for the
animal. In addition, if the shelter charges the rescue group an
adoption fee, it will bring in revenue.
Oreo’s Law would save
lives and money! That is why the California law on which Oreo’s Law was
sponsored by both a Democrat and a Republican, passed with overwhelming
bipartisan support – 96 to 12 – and the state’s Republican governor
signed it into law.
Why is the ASPCA opposed?The ASPCA
killed Oreo despite a No Kill shelter and sanctuary offering to save
Oreo’s Life. Though the ASPCA couches its opposition by claiming the
animals are better off dead because they might go to hoarders, the
argument is not sincere as discussed above due to the many protections
already in the proposed legislation. In addition,
Ed Sayres defended similar legislation in California when he was President of the San Francisco SPCA, against such facile arguments.In reality, the ASPCA’s President
does not want people remembering the killing of Oreo. In fact, the
notion that a New York State legislator in the ASPCA’s own district
would have to pass a law to protect animals from an animal protection
organization is a scandal that threatens to define Ed Sayres’ tenure at
the ASPCA. He has threatened to kill the bill as a result. This is unethical.
As
it now stands, only one organization has publicly come out in
opposition to Oreo’s Law—and that is the ASPCA. While the animal loving
people of New York State flood the legislature with calls of support,
while the most progressive voices in the companion animal movement have
embraced and endorsed Oreo’s Law, and while rescuers anxiously await
legislation that will empower them to save the lives of thousands of
animals every year, the leader of the nation’s wealthiest SPCA stands
alone in defiant opposition, thumbing his nose at them all.
Have you reached out to the ASPCA to get them to drop their opposition?Yes, we have offered to request that the legislative sponsor change the name of the bill, cease all reference
to Oreo as it relates to the bill, and even give the ASPCA all the
credit for the law if they drop their opposition and support it. The
ASPCA has refused.
Read the No Kill Advocacy Center’s letter to ASPCA President Ed Sayres by
clicking here.
Who supports it?Not
only have thousands of animal lovers contacted Assembly Member Micah Kellner and Senator Tom Duane
thanking them for introducing Oreo’s Law, but the leaders of the No
Kill movement have unanimously embraced it as well.
To see a sampling of people and organizations,
click here.
What can I do to help make sure it is passed?Because
the ASPCA has threatened to kill the legislation, we need letters,
e-mails, and telephone calls to NYS legislators asking them to vote
“Yes” on Oreo’s Law.
To find out how you can help,
click here.
I don't live in California or New York, how can I get similar legislation introduced in my state?Visit the website of the
No Kill Advocacy Center and/or attend the
national No Kill Conference in Washington D.C. You will hear from animal law experts who
have challenged our legal system to help animals: Whether it's drafting
model laws, fighting breed specific legislation, eliminating the gas
chamber, filing impact legislation, or protecting condemned dogs, they will show you
how to use the legal system to save the lives of animals.
For more information and/or to register,
click here.
