In the state of Kansas, it is illegal to knowingly kill an animal. There are various exceptions provided under the law for such things as veterinary procedures and food animal slaughter. There is also an exception for “humane societies”:
the humane killing of an animal which is diseased or disabled beyond recovery for any useful purpose, or the humane killing of animals for population control, by the owner thereof or the agent of such owner residing outside of a city or the owner thereof within a city if no animal shelter, pound or licensed veterinarian is within the city, or by a licensed veterinarian at the request of the owner thereof, or by any officer or agent of an incorporated humane society, the operator of an animal shelter or pound, a local or state health officer or a licensed veterinarian three business days following the receipt of any such animal at such society, shelter or pound;
I’m looking at that last part: a so-called humane society may kill an animal without violating Kansas state law if they receive an animal and hold that animal for 3 business days. I’m not a lawyer but that’s how I read it.
In the case of Lucy, the Kansas Humane Society received Lucy and killed her immediately upon receipt. The Kansas Humane Society did not wait 3 business days before killing Lucy. They did not wait any days – or even hours – before killing Lucy. Lucy was killed immediately upon receipt – not because she was medically hopeless and suffering but because the surrendering party had reported that Lucy exhibited typical inappropriate chewing behavior for a dog of her breed and age who is left alone all day.
Although the Kansas Humane Society claims it did nothing wrong and that the owner signed all the forms allowing them to kill Lucy immediately and without cause, I question whether a pound can use a surrender form as a means for violating state law. Again, I’m not a lawyer but it seems to me that if the laws of the state of Kansas could be violated as long as someone signs a piece of paper saying so, there would be no real value to the law.
In my opinion, the killing of Lucy must be condemned in the strongest terms. Obviously the ASPCA is not going to do it so, as usual, it is up to the unwashed masses to take up the cause. I further feel the state attorney general should open an investigation into Lucy’s killing to determine if the Kansas Humane Society violated state law.
Please contact Kansas Attorney General Derek Schmidt and politely request that he open an investigation into the killing of Lucy and other pets by the Kansas Humane Society. Contact info and sample letter below:
Attorney General Derek Schmidt
120 SW 10th Ave., 2nd Floor
Topeka, KS 66612
(785) 296-2215
1-888-428-8436
Fax: (785) 296-6296
Sample Letter:
Dear Attorney General Derek Schmidt,
On Tuesday, December 27, 2011, the Kansas Humane Society reportedly accepted a friendly, healthy, 1 year old Labrador Retriever named Lucy from a surrendering owner. The owner apparently reported that the dog was left alone all day while the owner worked and during the day, the dog would chew on furniture and other inappropriate items. This is typical behavior for a dog of Lucy’s age and breed who is left alone all day.
The Kansas Humane Society did not hold Lucy for the minimum 3 days as required by state law but instead killed her immediately upon receipt, while the owner was still in the parking lot. The Kansas Humane Society did not deny this fact when asked by the Wichita Eagle, nor did the representative indicate this was an isolated incident, an error, or a practice the organization vowed to eliminate in future. In fact, the representative “said she couldn’t say how often an animal is put down in the relatively short time frame that [Lucy] was”. A logical interpretation would be that the immediate killing of surrendered pets is a common practice at the Kansas Humane Society.
I am requesting you open an investigation into Lucy’s killing and the practices of the Kansas Humane Society to determine if Lucy and/or other pets have been killed there in violation of Kansas state law.
Thank you,
_______________
Added: My friend John Sibley created a petition asking the KS AG to investigate pet killings at the Kansas Humane Society. Please sign and share with your pet loving friends.
The immediate killing has another concern – how do you know someone surrendering an animal is the true owner? How do you know it’s not a jealous boyfriend who is putting his girl friend’s cat down out of spite? A neighbor frustrated by barking, brings a dog in to get rid of his problem…
True. And how do you know the person isn’t going to change their mind in 5 minutes?
Indeed. Somehow they think that a $30 fee is required for them to give you a call before they kill the pet you signed over to them. There’s something quite dodgy about that.
This should be turned into a Change.org petition.
Something like this:
https://www.change.org/petitions/ask-ks-attorney-general-to-investigate-the-killing-of-lucy
Awesome! Thanks John. I have signed.
BTW, a personal phone call, fax, or letter is ALWAYS better than a petition… so if you’re so inclined, be sure to do that as well.
I read the previous post with the owner’s account, and I think I’m mostly freaked out by the fact that some shelter worker is waiting… needles/gas switch in hand… to killkillkill when a dog like Lucy is surrendered.
Our local shelter’s staff can’t clean kennels as fast as the above shelter can kill.
Mighty scary…
Ahh, but you see, it doesn’t matter how fast you can clean kennels, since that dog (and that one, and maybe that one over there) aren’t going to be needing them, what with being dead and all. The only space you use then is the freezer.
I had read online somewhere about a shelter that changed its rules to hold an animal 24 hours because an x-husband brought in the x-wife’s dog and the shelter killed it within minutes and then the x-wife found out about it.
Main thing needed is for our “shelters” to become shelters and not just a disposal units.
He’s on Facebook. http://www.facebook.com/DerekSchmidtKS.
I posted the sample letter to his wall… we’ll see if he answers or deletes.
Looks like he deleted!
Maybe he took the ASPCA course on how to deal with those wacky extremists who believe in saving pets’ lives.
It’s not deleted – you can only post to his wall under his comments. If you click open the 2012 New Year message you will see Dot’s, Lynn’s and my comments to him.
Thanks.
no he didn’t.. he has been on his wall since Dec 31.. it in the very first post on his wall.. hit the drop down in the comments.. it’s still there.
.http://www.facebook.com/DerekSchmidtKS.
opps.. he hasn’t been on his wall since Dec 31 so .. I can’t wait till he does see it.
I emailed him, so hopefully that will do something. He may not even see his FB page and an employee may be updating it.
It’s actually a good idea to do as many types of communication as you can – FB, email, write a letter via snail mail AND call!!! The more forms of communication sent the better our chances of being heard!
I wonder how many other animal shelters/humane societies are obeying state law!
I mentioned above I post on the Attorney General Derek Schmidt, Facebook wall the sample letter…. This was a comment posted..!
Kevin Sleuth Hello to the staff who read this FB page, the above commenters live in another state and serve an agenda that has no benefit to yours. They are followers of the No Kill Movement which brags on Nathan J Winograd about disrupting services all over the country. They don’t accomplish anything but they cost the taxpayers a lot of money while they chatter about their capes ( changed in phone booths, no doubt ) on a blog called YesBiscuit on wordpress. This cal be verified by contacting the DA in Memphis and the AG in Tn. To much time on their hands and to little knowledge. Please google Nathan J Winograd flash mob to see other disruptions besides the one they are starting on you.
4 hours ago · Like
WTF? Why are they bringing Nathan Winograd into this? Don’t be discouraged. Continue to seek justice for Lucy.
here’s the latest post on Derek’s wall.
.Kevin Sleuth No offense meant to the mushing trainer, simply a concerned citzen who is tired of seeing animals hurt while disrupting civil service. they are on to you in Kansas Dortothy.
Just read Mr. Kevin’s comment myself – and responded to it. Then I checked on FB (might want to make your stuff “private Kevin) – he’s friends with….Jeanne Fraser Chancellor, Priscilla Walker, & Robert Burgess – surprise surprise – ALL MAS folks! How interesting Kevin would “chime” in on the KHS issue on the Kansas AG’s FB page!
No more than a MAS troll! (And since I KNOW Kevin reads this – be warned Kevin: we love animals and between the majority of us on here we WILL be heard…you can’t silence the majority when it comes to us ‘crazy’ no kill folk.)
I guess the disrupting services would be to stop the killing of adoptable animals but I do not consider that to be a service!
duh… he can’t even spell Dorothy…lol
I ignore people like this. As Nathan Winograd once said to me (since he was brought into this, why not?!): They are rocks tied to your ankles when you’re trying to swim.
Please don’t be distracted by these kind of small-minded tactics. Lucy had a right to live and the Kansas Humane Society took away that right, possibly in violation of the law. An investigation is needed.
do you think I will get a reply about the post and request?
Dorothy – read my comments above.
Shirley – I LOVE Nathan’s comment about rocks on our ankles! Thanks for sharing! I normally call them cement shoes because they obviously love the idea of killing the poor animals.
Our shelter requests a proof of ID from everyone surrendering, a driver’s license is the best and people who are doing something wrong are very reluctant to give ID–that makes you “smell a rat” so to speak. People often turn in their ex-spouse’s pet and/or their neighbor’s pet and once it is abruptly killed, much heartache follows. If there is positive ID on the signed receiving form, it is proof of their horrible deed that cannot be denied.