Ohio Court of Appeals has issued its Opinion and Judgement Entry in the 2010 lawsuit filed
by the Ohio SPCA against the Commissioners and Dog Warden of Harrison County.
The lawsuit, filed in August 2010, was based on alleged violations of the Ohio Revised Code in
the County’s operation of the Harrison County Dog Pound.
The Opinion and Judgment, which grants a Writ of Mandamus, requires that the Harrison County
Board of Commissioners “make and maintain records as is required by Revised Code Chapter
955.” A weekly report of all dogs seized, impounded, redeemed, and destroyed must be
submitted by the dog warden in writing to the Board of Commissioners. The Court further ordered
a writ of mandamus as to unnecessary killings due to improper records. “Every dog must be accounted
for from the day it is impounded until it is adopted, sent to rescue, claimed by owner,
or euthanized,” states Teresa Landon, director of the Ohio SPCA.
Additionally, a writ of mandamus was issued requiring certified mail notification to owners of
registered dogs seized. The previous practice of making phone calls to owners of licensed dogs is
not equivalent to certified mail as required by law. Dogs seized wearing tags must be held for 14
days.
The Court said that it could not find that the present conditions of the pound were “unsuitable,”
based on photographs taken of the dog pound after it was cleaned (and empty) dated January 10,
2011, as well as photographs dated June 24, 2011, and an affidavit from the current dog warden.
However, the Court stated that, “…given Respondents acknowledgment of practices that
occurred under prior wardens, some of which may very well constitute unsuitability, we caution
respondents to maintain a suitable pound or a writ could be issued against them in future
litigation.”
A big win in this case is that the Court ruled that 959.131 does apply to dog wardens. “A suitable
dog pound must be a place that would not constitute cruelty to the dog as defined in R.C.
959.131.” John A. Bell, attorney for the Ohio SPCA, states, “County operated facilities are held
to the same standards as everyone else regarding animal cruelty and neglect. Dogs must be kept
in conditions that do not violate the Animal Cruelty and Companion Animal Cruelty provisions in
the Ohio Revised Code, free from unnecessary pain and suffering.”
Due to a dog owner’s rights of redemption, the Court also issued a Writ of Manadmus requiring
the commissioners, “to post the pound’s operational hours, including those times when someone is
normally there, and phone number.” Landon states, “The Harrison County Commissioner’s failure
in the past to have definite operational hours increased the possibility of animals that could
otherwise have been redeemed or rescued being euthanized.”
According to Landon, “The Harrison County Dog Pound will require continued monitoring to
ensure they comply with the findings of the Court. The Opinion and Judgement Entry serves as a
clear message to commissioners in other Ohio counties that county dog pounds must follow the
Ohio Revised Code and that humane conditions must be maintained.”
Copies of the full Opinion and Judgment Entry are available through Mr. Bell upon request.
http://www.wtov9.com/news/news/dog-pound-lawsuit-settled/nFpxb/
