Re: Hideyo's court case 19th??

[Lernermichelle]

The problem is that the city probably does not really care whether these cats live or die, and certain city actors are probably of the opinion that cats with long-term illnesses, like FeLV should not be allowed to live anyway and only nuisance-causing crazy cat ladies keep them alive.  Shocking and awful as that is, that may be what Hideyo is battling.  I think it is very helpful that the head of an animal agency is apparently going to bat for Hideyo and stating this very thing in a letter, but it probably is not the clincher in reality. The clincher, in reality, is probably the condition of the house and the cats, whether neighbors are complaining or supportive, and whether the right people in the community (ie people who work with and are respected by city government) are supporting her.  The other thing that could be the clincher is whether there is any rational basis for the city to make a nuisance determination based on numbers alone.  The PA court case Hideyo mentioned could be persuasive (though a NM court has no obligation to follow it).  Because animals are, appallingly, our property in legal terms, the city can not just take away animals or impose criminal sanctions because it feels like it-- it has to have, in the least, a rational basis for making these determinations. Hideyo might be able to prove they don't. But this is where it would be helpful to have an ALDF attorney who has either done these cases or has access to ALDF's database of court pleadings and decisions and can pull up similar cases from other parts of the country. Michelle   In a message dated 12/8/2005 5:48:38 P.M. Eastern Standard Time, [EMAIL PROTECTED] writes: i would think it would help to bring out more forcefully what has been mentioned in passing: that hideyo, you are taking in animals that no one else wants, that you are caring for creatures that may be ill or undesirable (to others) but deserve to live, and that you are NOT the people who are letting their cats roam to spread disease, cause damage and repopulate the earth.... (i can't figure out why it's the conscientious people, who try to make good on the problems created by others, who get penalized....)