Middlebury Family Takes Addison County Humane Society to Vermont Supreme Court After Organization Seizes Horse

Author: Kelsey Rinehart

In September 2001, the Hegarty family of Middlebury filed a lawsuit against the Addison County Humane Society (ACHS) when Paka, Suzanne Hegarty's daughter's older horse, was seized by the organization due to the animal's extremely low weight. The horse was taken without prior notice from the family's East Middlebury home that August. When the Addison County Superior Court ruled that the ACHS's actions were appropriate, the Hegartys appealed to the Vermont Supreme Court, claiming that Paka's confiscation violated their property rights as guaranteed by the Fourth Amendment. The Hegarty case challenges the Vermont statute that permits direct seizure, without a warrant, of an animal from its owner by a humane society if the animal is suffering and in danger of dying.
As in most seizure cases, the ACHS did not inform the family of the seizure until after it had taken place. After a veterinarian noted Paka's protruding ribs and deemed that it was not being fed enough and might need medical treatment, the ACHS took the animal. Later, after verifying its health, the ACHS returned the horse to the Hegartys, but the family persisted with the lawsuit. Peter Langrock, the Hegartys' lawyer, initially sought monetary recompense for damages to the family. He stated, "My clients come first. But in order to protect them, I have to challenge the whole system." Langrock now questions the constitutionality of the animal cruelty statute in the Supreme Court.
On April 17, 2002, the State Senate Judiciary Committee passed two House bills to remedy animal cruelty laws. The first law banned the sale of animals on the side of Vermont highways and the second made torturing an animal a felony. This legislation came in response to many instances of animal cruelty, and, in particular, to the case of Peggy Stevens,who was previously convicted on animal cruelty charges and from whom dozens of animals were seized last summer.
The second law was enacted in an attempt to punish animal hoarders-those who collect many animals and then fail to provide them with proper food and care. Director of Vermont Volunteer Services for Animals in Bridgewater Susan Skaskiw has seen many cases of "animal hoarding" over the years. Last summer, Skaskiw worked to rehabilitate two dogs taken from Stevens that had lived in cages their entire lives and did not know how to walk. On one occasion, 90 cats, dogs and rabbits were seized from Stevens.
Animal advocates and state government officials now face the task of defining "proper" treatment, which is often hard to determine in court. The lack of a clear description of "adequate" often results in the acquittal of those charged with animal cruelty. The new laws seek to clarify "adequate" shelter and define how much space and daily exercise animals should get. Skaskiw said, "This law will make it easier for people to understand what's expected of them, as well as for law enforcement ... and prosecutors to bring a case to court."
The ACHS's lawyer, Jeff Lively, argues that since animals are not inanimate objects like cars or houses, they can and should be taken by Humane Societies without prior notice if their lives are in danger. "First of all, we believe that animals aren't pure private property, and because of that, they are entitled to much less protection than if you were to take someone's home," Lively commented. He said that the ACHS had tried several times to contact the Hegartys but received no response.
Langrock and Lively expect the verdict in the Hegarty case sometime during the summer or fall of 2003. Langrock and the Hegartys have confronted the present statute because they believe it permits groups to seize animals without a significant reason, and that a single person's assessment of an animal's situation should not determine whether an owner must give up the animal. Langrock said, "Basically, one person's perception of a situation is not necessarily the correct one." He also noted that the Humane Society should not be allowed to seize property without a warrant and should follow rules that police officers must obey.
Langrock also criticized the ACHS for taking Paka while a television crew taped the scene. He claims that the ACHS was seeking publicity. Humane Society Director Ric Kasini Kadour did not deny this charge, but countered that the crew was taping a program on the ACHS in general that was intended to inform the public of the issue of animal cruelty.
While the ACHS and other Humane Societies believe that it is important to draw people's attention to animal cruelty, Lively has urged his Humane Society clients to exercise caution when deciding to seize an animal. "Unless you see the most egregious act of animal cruelty in front of you, don't do it without a warrant," he advises them. Lively and others complain that the laws inadequately address the gray area between private property and animal rights. "You're dealing with animals. People are very passionate about their animals. Your dog isn't like a desk. [The laws] are not very progressive. They're not very responsive to today's problems," he said.
The ACHS is keenly aware of the problems facing animals and their owners today. A 25 year-old organization, the ACHS says they are "dedicated to fostering the humane treatment of animals in Addison County. This includes operating a shelter, promoting animal welfare, providing community resources and enhancing the connection between people an animals." Many Humane Societies, such as the Humane Society of Chittenden County (HSCC), take "cruelty reports" and employ a Cruelty Investigator who reviews cases and inspects animals. In 1999, the HSCC staff investigated 70 cases regarding the care of dogs, cats, farm animals, birds and other creatures. Humane Societies say that there is much information gathered, many warnings issued and several last-chance measures taken before an animal seizure.
The ACHS and many other Humane Societies believe it would be disastrous if they were forbidden to rescue suffering animals. Though he joined the ACHS six months after the horse seizure, Kadour was glad that the Addison County Superior Court decided in favor of the Humane Society. Still, Kadour worries that stakes are higher now that the case has moved to the state Supreme Court. If laws are changed, animals could be relegated to the position of "private property," and would be subject to the Fourth Amendment, thus discontinuing animal seizure. The ACHS recently took 15 horses, 16 dogs and two birds from the Panton Road home of Laura Lee Bushey, claiming that the animals were being neglected. The ACHS worked in collaboration with the Middlebury Police Department and on Jan. 23, after obtaining a warrant, took the animals to the ACHS and the Spring Hill Animal Rescue of Brandon to be cared for. The ACHS cited a variety of issues, such as improper shelter, medical concerns, lack of food and water and unsanitary living conditions as reasons for taking the animals. The Humane Society believes that it would have been very unfortunate if they were not able to rescue these animals.
Unfortunately for Kadour and others, animal protection comes at a price. "The [Bushey] case will put a squeeze on ACHS finances and facilities. We don't have emergency funds for a case like this," he said. "This has cost us a quarter of our animal cruelty [investigation] budget, and will probably be another $2,000 to $3,000 before the case is resolved."
Still, Kadour and others go on rescuing hundreds of animals because they believe that animal cruelty is an issue of the utmost importance. Many have noted the connection between animal cruelty and violent tendencies towards people. Burlington Animal Control Officer Jodi Harvey said, "The human relationship to animal cruelty and human violence whether that be child abuse, child neglect or spousal abuse, there has been a direct link to it ... Your noted serial killers have actually had links to severe animal abuse."
In response to this link, the United States Humane Society began the First St
rike Program, which educates the public about the association between violence towards animals and towards other people.