Arlington TX SPCA bust - General Discussions

[ilovemytwochins]

I know this might be a stupid question, but Rick, when do you start the journey? I might have missed that somewhere in this thread..

Thanks again for all the updates and I have passed the word along about the PayPal donations!

 

[alpayton]

Noone knows WHEN this journey will begin yet. You haven't missed anything just yet.

 

[NOLA Chins]

We are still waiting for the 'if' to go away, too. A couple more days and the window for a possible appeal closes.

 

[Chinnies]

Wow. There's soo much to keep up on! I've just recently clued myself in on this epic rescue mission (I've been absent from the forum for a little while! Haha). I was wondering if there were any more need for a home for a chinnie or hedgie? I have the bottom half of an FN that has been empty for a long while and would love to be able to give someone a lifetime of love that they deserve. However, I live in Michigan, which is a loooooong way away from Texas! I'm not sure if there's a railroad going anywhere near the SE portion of Michigan, but if there is, there is a loving home waiting for someone who needs it.

I apologize if I'm repeating anything already mentioned, but this is a massive thread now and there's so much to it!

 

[Kalandra]

If you are interested in a hedgehog visit http://www.hedgehogwelfare.org. HWS have adoption applications on their website, fill it out and submit it. The last I heard there were hedgehogs headed towards Michigan.

For the hedgehog train visit: http://pets.groups.yahoo.com/group/hedgehogtrain2/

 

[NOLA Chins]

http://www.freep.com/article/201001...5/Detroit-Zoo-may-take-rescued-exotic-animals

This story says that GE has until tomorrow to appeal. 10 business days would be the Jan 20, or close, but 10 days runs out tomorrow. I have no idea which one is right.

 

[Riven]

I know the hedgie side was talking the 20th too...

Paper might not have all their facts lined up... ??

 

[fanov8]

I don't know how it works in this circumstance, but anytime I have dealt with court issues when they say 10 days to respond then that is what you get. Not 10 business days but 10 actually calandar days. But like I said, could be different in this case versus family law.

 

[Mt. Zion Chins]

So how do things stand now ???

 

[NOLA Chins]

From Dr. Brown (I posted this on the status page, too.)

As most of us expected, Shaw's lawyers filed an appeal at the last possible minute today. We have no idea what this means in how much more time that the animals will have to sit and wait. Last week I was told that they have 15 days to put together another hearing but I also know the city attorneys were trying to press the judge to get this speeded up. Plus there is the complication I was told when I was there last week that in fact there may be no place in that county for them to actually appeal...but no one really knows what that means.

I think we are in for quite a bit more wait. Fortunately losses are WAY down...to zero most days in the small mammals and very small in the reptiles. Things seem stable for the moment, with of course the exception of the ADDITION of new animals in all the births of hedgehogs, some guinea pigs and I am sure soon to be seen gerbils, prairie dogs, spotted ground squirrels and possibly short tailed opossums.

 

[NOLA Chins]

For anyone still thinking that a single employee was able to manipulate the care to cause the catastrophe: http://www.spca.org/site/News2?page=NewsArticle&id=27387&security=1&news_iv_ctrl=1481

You can also download the judgment from that page.

 

[obcsed]

According to the judgement, the City of Arlington and/or the SPCA have not requested repayment for the care of the animals since seizure. Is it possible for them to counter sue for those costs? Not that I expect them to ever see any money from Global but it might be a deterrent for continuing the appeals.

 

[smhufflepuff]

I had read something about this before, but can't find the document at the moment.

I think the law said something about once an appeal is filed, the owners have to start paying for the animals' upkeep at whatever the going rate is.

I figured that's one reason the owners would put off filing an appeal for as long as possible.

 

[NOLA Chins]

From the Texas Rat Rescue:

"we found a sanctuary to take all of the prairie dogs,"

 

[JennyBug]

http://www.star-telegram.com/local/story/1897836.html

Animal-store owners to appeal ruling

ARLINGTON — The owners of U.S. Global Exotics notified the Arlington Municipal Court on Friday that they plan to appeal a ruling that gave custody of more than 27,000 animals to the city. Municipal Judge Michael Smith ruled Jan. 5 that animals seized Dec. 15 were inhumanely confined and denied food, water and veterinary care. Lance Evans, an attorney for owners Jasen and Vanessa Shaw, filed the notice late Friday and said the Shaws believe that the city should return any animals it could not prove were cruelly treated. "The Shaws believe the evidence presented by the city of Arlington was insufficient as a matter of law to require forfeiture of the animals," Evans said. "We’re very concerned that PETA has been allowed to take over a branch of government in order to further its agenda, which is basically the end of the exotic pet trade." Smith has five days to send transcripts of the hearing to Tarrant County court, said Linda Frank, a city attorney.

********
NOLAChins posted this article in the Updates section, but I have a few questions.

1. So they are admitting to cruelly treating some of the animals, just not all of them, so those they didn't have a chance to mistreat should be returned? Isn't that like beating one of your kids but not the other?

2. Are these people back in the country, or are they still abroad? If they are not here, can they be tried for cruelty in absentia? If not, how can they file an appeal in absentia? I'm just really confused.

3. While I know the chins were not in bad condition, they still were denied food, water, and adequate housing. They, most likely would fall under the "couldn't prove cruelty" part of this article. Is anyone else angry about this?

2.

 

[smhufflepuff]

1. So they are admitting to cruelly treating some of the animals, just not all of them, so those they didn't have a chance to mistreat should be returned?

Well... who'd want the cruelly mistreated ones back? Back in the day, they would have just died... no problem. But now that they've survived, the Shaws would be stuck with three-legged hedgies, blind chins... can't sell that. So, then, just ask for the ones that are okay back... right?

:CSarcasm:

 

[NOLA Chins]

Dr Brown feared from early on that the animals might be split up with some being returned. Evidently it is not unusual for such a split to happen in large cruelty cases. She thinks that the mammals are safe from return.

 

[Bethany]

Smith has five days to send transcripts of the hearing to Tarrant County court, said Linda Frank, a city attorney.

Is that five days from Friday?

 

[Kalandra]

According to one of the people involved in the hedgie side the law states calendar days. We are hoping that this next set of hoops will be completed by hedgehog day . It would be a great way to celebrate hedgehog day by having them released.

 

[JennyBug]

I just don't understand why people who abuse one animal are allowed to keep another... it just boggles the mind!

By the way, who would honestly buy ANYTHING from these people after this massive brouhaha? Most people are horrified by this, and I can tell you that if I was in the area or knew of a pet store near me who continued to buy from them after all this, I would find a new place to shop!