Editorial of November 23, 2023
Finally.
Animal cruelty laws nationwide have long been underenforced. Animal abuse often goes undetected and, even when discovered, is rarely prosecuted. According to animal law experts, here in New York State animal abuse and cruelty laws are hidden away in an obscure section of our legal framework (Article 26 of New York State Agriculture and Markets law), making enforcement and prosecution difficult at best.
In Otsego County, though, we are seeing slow and steady improvement, beginning with the formation of the Otsego County Animal Cruelty Task Force in 2019. Several high-profile abuse cases prompted the partnership between the Susquehanna Society for the Prevention of Cruelty to Animals, Otsego County District Attorney John Muehl, Otsego County Sheriff Richard J. Devlin Jr. and area veterinarians. The following year, SQSPCA Executive Director Stacie Haynes was recognized by the Animal Legal Defense Fund as one of the top 10 animal defenders in the nation. Since then, county law enforcement and the SQSPCA have responded to 72 animal cruelty reports, rescuing and rehoming 94 animals—everything from dogs and cats to cows and horses.
To be clear, the SQSPCA cannot seize or take people’s animals. When warranted, that falls under the purview of the Otsego County Sheriff’s Office or, in other cases, the New York State Police. And in September of 2022, evidence of animal abuse and neglect—including a dead llama left unattended on the property—led sheriff’s deputies to seize 23 animals from a Town of Butternuts farm: 18 horses, two pigs, one donkey, the surviving llama and a cat.
The owner’s name doesn’t matter. What does matter is that the system worked. Neighbors reported their concerns regarding the animals’ welfare to local law enforcement. Sheriff’s deputies followed up with the owner and offered assistance. When conditions continued to worsen, the animals were seized and put under the care of the SQSPCA, at which time they received medical attention and other necessary services. Following a court appearance in October 2022, 12 of the horses were returned to the owner, who was later charged with 10 counts of animal cruelty. The SQSPCA continued to oversee the care of nine of the animals, awaiting the judge’s final ruling.
That decision came on September 14, 2023, when the defendant was found guilty on two charges of animal cruelty. Two fines, albeit small, were levied. The other eight charges were dismissed, with the caveat that the remaining animals would be surrendered and rehomed by the SQSPCA.
At first blush, this doesn’t sound like much of an achievement. But it is. This is a clear indication that when local law enforcement and animal welfare organizations work together, they can make a measurable difference for animals that are suffering. There are other signs, too, that the tide is turning.
On December 15, 2022, Governor Kathy Hochul signed the Puppy Mill Pipeline bill, which bans the sale of puppies, kittens and rabbits in pet stores throughout New York State, effective December 15, 2024. According to the New York State Animal Protection Federation, Gov. Hochul also signed the Companion Animal Care Standards Act for Shelters and Rescues, which will raise the standard of care for homeless companion animals across New York; Return to Owner, which will allow animal and dog control officers return a dog to its own in the field rather than bringing the dog to the local shelter; and a bill banning homeowners insurance discrimination based on the breed of dog one owns, closing a loophole that insurance companies thought they found to deny coverage.
All of this becomes especially relevant as a class action civil RICO complaint was filed against Rescue Dogs Rescue Soldiers on November 2. The suit alleges that the Cherry Valley-based rescue—which trains dogs to be companions to veterans—is defrauding donors and neglecting the dogs under its care. Local law enforcement received an animal cruelty report against Rescue Dogs Rescue Soldiers in August, at which time a deputy conducted a wellness check. Living condition issues for the 63 dogs housed there were addressed at the time by RDRS founder Elizabeth Keller and the case was closed on September 9.
Our county officials have proven their commitment to animal welfare and demonstrated that the system can and does work. Moving forward, we have every confidence that Otsego County’s animal cruelty prevention partners will remain vigilant. If there is substance to this lawsuit, we trust the case will be reopened. Regardless, we thank Sheriff Devlin, DA Muehl, and the SQSPCA for making this county a leader in animal protection efforts and a growing force to be reckoned with.