Paws Up!

New York Assemblyman Blumencranz has proposed “Peanut’s Law: Humane Animal Protection Act” to strengthen protections for sanctuary animals seized by state law enforcement.

     The lives of sanctuary animals in New York may soon receive greater legal protection.

     A proposed amendment to Section 11-0512 of New York’s Environmental Conservation Law, known as Peanut’s Law: Humane Animal Protection Act, would change how the state handles animals seized from sanctuaries.

     The bill follows the widely reported case of Peanut the Squirrel. Peanut was a rehabilitated squirrel who gained a large following online. During an investigation by the New York State Department of Environmental Conservation (DEC), Peanut was seized and later euthanized.

  At NHES, we believe wild animals that can survive on their own should be released whenever possible. However, wildlife sanctuaries also serve an important purpose. Animals living in these facilities deserve humane and fair treatment.

 

What Would Peanut’s Law Change?

     One of the first goals of Peanut’s Law is to clearly define what qualifies as an animal sanctuary.

     Under the proposal, a sanctuary would include a wild animal care facility recognized under federal and state law and operating under a valid tax identification number, such as a 501(c)(3).

     This definition is important because it helps determine which organizations qualify for legal protections.

     Qualified sanctuaries would also have the right to an administrative hearing before animals are seized.

A 72-Hour Waiting Period

     If passed, Peanut’s Law would also change New York’s rules for euthanasia following an animal seizure.

     The bill would require a 72-hour waiting period before an animal could be euthanized. The only exception would involve an immediate public safety risk confirmed by a licensed veterinarian.

     During those 72 hours, families and sanctuary operators could file an emergency appeal with the DEC.

     An emergency review board would then examine the case. The board would include a licensed veterinarian, a public health official, and a sanctuary representative.

     Together, they would determine the most appropriate course of action.

More Transparency and Accountability

     Peanut’s Law would also create new reporting requirements for the DEC.

     The department would be required to publish quarterly reports explaining animal seizures and their outcomes.

     If euthanasia and rabies testing were necessary, the bill would also require those test results to be made public.

     If an animal tested negative for rabies, licensed sanctuaries would have the legal right to seek redress.

     These protections were inspired in part by Peanut’s case. The people who cared for him at P’Nuts Freedom Farm Animal Sanctuary had little legal recourse after he was seized and euthanized on the same day. Peanut later tested negative for rabies.

Protecting Animals While Addressing Public Safety

     In a letter to New York Governor Kathy Hochul, Assemblyman Blumencranz said he hopes Peanut’s Law will balance animal protection, public safety, and respect for sanctuary operators.

     The proposed bill could provide meaningful protections for animals living in licensed sanctuaries. However, it remains unclear whether New York lawmakers will ultimately support the legislation.

     In the meantime, there are still ways you can help wildlife in your own community.

     Support local conservation efforts, respect wildlife habitats, and contact qualified wildlife rehabilitators when an animal needs help. Small actions can reduce the number of wild animals that eventually require sanctuary care.

 

Paws Up! To the Overland Park, Kansas, City Council for ending a decades-long breed discrimination law.

September 28, 2021

A City Council in Kansas has just unanimously agreed to repeal their decades-long breed discrimination law which banned pit bulls from residing in the city since 2006. Overland Park, Kansas, began its war on pit bulls in the 1980’s when the city council deemed them “dangerous.” Sadly, many people are prejudiced against pit bull dogs because that type of breed is predominantly bred and trained in dog fighting. This prejudice carries over into the media and then bleeds into legislation and ordinances throughout municipalities and cities across the country.

Over the past several decades, more studies have indicated that aggressive behavior in dogs occurs for a variety of different reasons, not just based on the breed of dog. According to an article by the American Veterinary Medical Association, there are a number of factors that determine how a dog will behave: “…a dog’s tendency to bite depends on at least five interacting factors: heredity, early experience, later socialization and training, health (medical and behavioral), and victim behavior.” Only one of the five factors relates to the genetics of the dog. The rest are factors under the control of the dog owner. This is precisely why community breed bans are based more on fear, and less on fact.

Why Breed Bans Do Not Prevent Dog Bites

  • Dangerous dogs come in all sizes, shapes, and pure and mixed breeds.
  • Breed bans leave the community with a false sense of security.
  • Breed bans do not penalize irresponsible owners, only owners of certain dog breeds.
  • Breed bans fail to require responsible pet ownership practices.
  • Dogs of every breed can bite, just as dogs of every breed can live harmoniously with people.

In addition to ending the breed ban, the new law includes improvement to existing animal welfare ordinances, such as restrictions on dog tethering and incentives for residents getting their pets spayed or neutered and microchipped.

Contact Mayor Carl Gerlach and thank him for ending the breed ban as well as passing new ordinances to improve animal welfare in Overland Park, Kansas!

Red squirrel sitting on a tree stump eating seeds.

Take Action

Contact Governor Hochul and show your support for Peanut’s Law.