Animal Control Watch

This is a post that occurred after a raid over Memorial Day weekend in 2006.  The pattern is to do these raids over a holiday weekend (much like the Littleton Incident) so that no attorney can be found. 

These raids on cat rescuers have been occurring for at least 2 years.  Interestingly, if the cats are all killed, typically no criminal charges are filed.  If the cats are all “rescued” by other rescue groups,  criminal charges are typically filed against the rescuer. 

The below is from a myspace blog post:

Disaster Strikes Purrfect Hearts!

Dear Fellow Rescuers and Animal Lovers,

It has been some time since I have been to the Purrfect Hearts myspace page. For all of you who have sent comments or friend requests I am sorry that they have not been read or approved.

There has been much happening here in Austin, TX. to many of the rescue groups including Purrfect Hearts. My heart has been ripped right out of me due to the circumstances I have been going through. This is going to be a very long post, but please read all of it so that you will understand the magnitude of what has happened to Purrfect Hearts in the past week.

Many of you who have viewed the Purrfect Hearts page and read the eulogy to Slinky and have had the opportunity to view the slideshows that I put together for Slinky and Zhivago are all quite aware of my true love for all the cats that I rescue and how special each one is to me. The album pictures I have posted are also a witness to the facility I provide for them. They are loved, cared for and protected from where they came from.

Recently, I have been accused of animal cruelty! It is the most painful thing that has ever happened to me. All Purrfect Hearts babies were seized by Austin police on a seizure warrant and taken to Town Lake Animal Control, a kill shelter, including my own personal pets that were at the facility at the time of the seizure.

This all took place during the time I was on a business trip in Seattle meeting someone who wanted to make a large donation to Purrfect Hearts and also invest in the profit side where Purrfect Hearts was going to offer a cat art gallery, coffee area and boarding.

Martin, whom a few of you have corresponded with, was not only my web designer but also I had recently made him the Assistant Director. During the time I was gone he was taking care of all the sweet little guys. Feeding, watering and keeping a clean environment for them, devoting as much time as he could between working his own job. I was able to devote all my time to the cats, due to the fact that the facility was in a light industrial strip center and I was able to convert one of the offices into a little apartment for myself, therefore I resided at the facility.

On Thursday of May 17th, while Martin was attending to the healthy cat room, feeding, watering and cleaning; which is my protocol, healthy rooms first then the unhealthy; Austin Police Animal Cruelty division showed up without a warrant and entered Purrfect Hearts. They began to interrogate Martin and took pictures of the facility, especially of the unhealthy cat room, where there were cats with coccidia that had defecated on the floor instead of the litter boxes.
Which anyone in rescue knows happens quite frequently, that is why cleaning is always taking place.

They gave him a difficult time about the room, which he explained that it was the last room to be cleaned due to their illness. They claimed that to be animal cruelty. There was also a kitten, Snoot, who was suffering from coccidia and a URI that was in a very large black cage in a different area of the building. The officer told Martin that the kitten obviously needed vet attention or to be euthanized. Upon that statement Martin presented him with paperwork from the vet who was treating Snoot stating that if the symptoms were not better within 7 days that he was to be brought back. Snoot was on his fifth day and Martin had decided he was going to take him back that afternoon when he was finished attending to the other animals.

The officers asked when I was to arrive back in Austin and said they would be back to talk with me at that time. I was to arrive back on Sunday but due to my Epilepsy I was feeling ill and was not able to return till Tuesday May 22nd in the evening. Martin called them to let them know about the change in my arrival. When I arrived, I found out from Martin that they had seized all the Purrfect Hearts cats including my personal pets that morning. I was livid.

We were given only one day to find an attorney and appear in court on Thursday. The prosecution wanted to press criminal charges against us where we would be in jail for 6 months to a year, fine us $11,000 for the vet work they supposedly did and the boarding at Town Lake. They also wanted to keep my personal pets and Martin’s also. The prosecution presented pictures of the terrified little babies on a stainless steel surgical table with their legs and lips pulled apart. It was horrible to see them like that. They even showed a picture of a cat with a gash in its leg that wasn’t even a Purrfect Hearts cat!

When I was called to the stand they asked me 3 times if I personally euthanized my sick cats. They brought up the myspace page with Slinky and Zhivago and the slideshows with a memorial to them. I respect animals when they pass and that is why I give them a burial. I place flowers and wrap them in silk or satin with a note before burying them. I had placed a note in Zhivago’s paws which they had retrieved and had me read. Claiming that from the letter that I must have euthanized him. In the letter I wrote that I could tell he was ready to leave and asked him to please forgive me. It was all in reference to the fact that I felt I was in the wrong and that I couldn’t get him back to health so he could be adopted. They grossly twisted my love for him, into me euthanizing him!

Both Slinky and Zhivago were placed in the freezer, which is a common procedure amongst rescue groups and vet clinics, as I was waiting for my friend to get back from Italy so that I could bury them on her property. She allows me to bury them there because she too is a cat lover and believes in burying. Of course, the police found them in the freezer and changed it into something horrible.

I was able to at least explain myself and also make the statement while looking at the cities Town Lake Shelter Animal Control Officers and say that I do not support them in throwing the animals in black trash bags and into a dumpster after they euthanize the animal.

Martin and I had an incredible attorney who successfully defended us against all the claims of animal cruelty. The police simply had no case. The judge agreed that animal cruelty had not taken place.

In the end her final decision was to deny the $11,000 Town Lake was demanding, and that there were no grounds for criminal charges to be brought against us. She ordered that all my personal pets be returned to me including my bird. Unfortunately, she judged that the Purrfect Hearts cats stay with Town Lake, because despite the fact that there was clearly no cruelty involved, she felt that I lacked the adequate resources of volunteers to continue operating the shelter at the level I had been attempting. Town Lake was to give the cats a 10 day extension to be adopted by the public and provide a webpage that was dedicated only for the Purrfect Hearts cats.

After the trial, we immediately went to pick up my pets. When my 3 dogs were brought to me they came running up to me and knocked me over causing my skirt to go up and gave me many slobbery kisses. Animal cruelty, hunh? When I went back to get my cats, that were in quarantine along with all the others, I was appalled to see the conditions that were being provided for all the Purrfect Hearts cats. They were in a small room without much ventilation, 2-3 cats per silver cage and they had placed the healthy cats in with the sick cats. They weren’t even administering meds to the ones that were sick. I could tell that they had become much sicker and even the healthy ones were showing signs of sickness. To me that seemed like animal cruelty, but what could I do? The place was run by the city. I left extremely angry but grateful that I least was able to get my little guys back.

Town Lake did not comply with the judges ruling (imagine that) and on Friday after the trial on Thursday they stated that only approved rescue groups on their list would be able to rescue the cats. The rescue groups were given till noon on Sunday to make their decision on what cats they would take. Otherwise, by 3:00 on Monday all Purrfect Hearts cats would be euthanized. And guess what: this was Memorial Day weekend, too! It’s pretty amazingly ironic that the people who were accusing me of animal cruelty couldn’t wait to kill all the cats! They also put a stipulation on the groups by saying that only 10 cats could be in the care of a rescue group, which meant that fosters would have to be found in order to have up to 10 because most of the groups already had well over 10.

Two Austin rescue groups ( Austin Siamese Rescue and Gramaulkin Rescue ) rallied together and met with the people at Town Lake on Sunday. They invited me to join. In that meeting the vet stated that the majority of the cats had not been spayed or neutered, which was completely not true. I so wanted to say something at that point but I had been advised by the groups to not say anything while we were in that meeting.

Anyway, the most amazing blessing took place on Monday. The two rescue groups showed up on Monday by 11:30am and rescued ALL 52 Purrfect Hearts cats! Not one was euthanized. They were all saved and now have the opportunity to be adopted through the rescue groups that saved them!

Though Purrfects Hearts at this time is not allowed to rescue and adopt, which saddens me, I can’t even begin to tell you how HAPPY I am that the sweet little babies are alive and doing well. I have even had the opportunity to hold each one and tell them I love them and that I am sorry they had to experience such an awful injustice!

At this point, I’m sure most of you have been wondering who it was who called the police and reported us for animal cruelty in the first place. We don’t have definite proof, but the most reliable reports we’ve gotten seem to indicate that it was the new tenants who on the very week of the raid were moving in to the unit next door. Evidently they are attempting to run a business catering to an exclusive clientele, and didn’t look favorably on being next door to an animal shelter.

I will continue to have the Purrfect Hearts myspace page because I want to stay in touch with all those that have befriended us.

I am going to keep the Purrfect Hearts babies pics still up for view because they will always be in my heart, though I will no longer be in their presence. I have been given an incredible blessing to have had the precious time I was able to share with each of them!!!!!!

Thank you to all of you that have befriended us, sent comments, messages, sent your sympathies when Slinky passed away and thank you for your many Paypal donations to help us during our time of need for the rent.

Everyone of you out there are truly special for the love you have for animals. I am grateful for this wonderful world of myspace and the networking of being able to meet those that honor animals as I do.

Many, many blessings to each and everyone of you!!!!!!!

From My Heart To Yours,
Hollye Hitt

And always Purrfect Hearts!!!!

source: http://blog.myspace.com/index.cfm?fuseaction=blog.view&friendID=178874528&blogID=276481255

After the most recent raid on a rescuer on November 8, 2007, the local pound made it even more difficult for  cats stolen under the color of law to be “rescued” than in the above case by  requiring a home visit (of their own approved placement partners) for any cats to be saved.  Most approved partners would not agree to this stipulation.

_______________________________________________________________

Here is the email that went out regarding the Purrfect Hearts cats:

TLAC received 50 plus cats as part of a cruelty seizure this week.

These cats have now been released to TLAC.  Due to extremely high volume of animals in the shelter right now, these cats need to leave asap.

This posting is to make approved TLAC Rescuers aware of the cats.

Most of these cats are social and look healthy.  However, they were likely exposed to ringworm and uri in the previous home.

If any of you are interested in evaluating them and confirming on them to pull for your group-this is your opportunity.

The cats are all in the RO Cat area of the shelter.

In order to do this, (again we are dealing with extremely high volume of animals right now), we are setting up the following process for this situation.

If interested in evaluating:

Send one authorized representative to TLAC during business hours to evaluate the cats.

To Confirm:

Contact TLAC by noon Sunday, 5/27 with confirmation, contact should be via email tlac.rescue@… or voice mail 512-972-6099.

Confirmation should include animal identification numbers and contact must be by authorized individual.

TLAC will microchip and adminster rabies vaccination to any confirmed rescues.

To pickup:

These animals will be available for pickup Monday 5/28, 11-3.

Keep in mind, that guidelines specify 10 animals per foster home-or a site visit may be necessary.  (These cats will not be released to any group plans to send them to a foster home that exceeds the 10 animal per home limit.)

TLAC requires that as with all rescues, these cats will go to approved foster homes only.

TLAC must approve any transfers to non - tlac rescue partners.

Thanks for helping the animals.

 Keep in mind this was over MEMORIAL DAY WEEKEND.  And that 50+ cats had to die to make room for these cats. 

The state of rescue in Austin is extremely tenuous right now, at least through “official” channels.   Very few rescue groups will rescue cats from Town Lake Animal Center.   This is leading to more cats dying when the kill rate was already over 70%.   Everyone is running scared, yet no one will join together.  It seems they think if they hide their heads in the sand their turn won’t come.  Well, there’s nowhere to run, nowhere to hide, at least if you live in Austin.

Remember,

First they came for the Jews
and I did not speak out
because I was not a Jew.
Then they came for the Communists
and I did not speak out
because I was not a Communist.
Then they came for the trade unionists
and I did not speak out
because I was not a trade unionist.
Then they came for me
and there was no one left
to speak out for me.

Pastor Martin Niemöller