Oh,, Michelle, again, thank you so much for your offer -
I am so grateful for everyone being so generous and concerned…
I am going to do everything I can so that I can win on 12/19 ---- if not, I guess I will worry then, right?

I once found a fortune cookie.. saying that “never trouble troubles, until a trouble troubles you…”.. so I will always think of back up plan.. I can’t help not thinking.. but I am hoping that I won’t have to use it..

 


From: [EMAIL PROTECTED] [mailto:[EMAIL PROTECTED] On Behalf Of [EMAIL PROTECTED]
Sent: Thursday, December 08, 2005 5:32 PM
To: felvtalk@felineleukemia.org
Subject: Re: Hideyo's court case 19th??

 

I think it is good to always have a back-up plan.  But the court has to allow time to file an appeal.  The court does not have to agree, however, to stay a bad decision while an appeal is pending, i.e. to leave the cats alone while the appeal pends.  However, a refusal to stay the decision can also be appealed on an emergency basis. And in this case, where there is no one complaining and the neighbors have signed a petition in support, there would be no justification for a court to deny a stay during an appeal.  Not that courts never do unjustified things, mind you.  But legally, she should be able to fight this all the way while keeping her cats with her.  But she may need legal help to fight effectively, which is why I mentioned ALDF.

 

One way to help might be to help financially with legal fees if Hideyo can find someone experienced but they do not agree to take the case pro bono. I would be willing to send some money.  I would of course be willing to send some money for transport too, but I do not think it should have to come to that, with zealous advocacy.  And to tell the truth, so many of her cats are feral and special needs that unless we ourselves took all of them, I can not imagine her finding places for them.  Maybe people on this list could take all of them, in an emergency, and maybe we should figure that out now.  But I can not take any at all, due to my own living situation and my partner.  And transport across country would be pretty bad for cats as compromised as some of her cats are.

 

Michelle

 

In a message dated 12/8/2005 7:25:40 P.M. Eastern Standard Time, [EMAIL PROTECTED] writes:

I think it would be a good idea to set up a contingency plan, in case the court decision goes against Hideyo.

 

She may not be given the time to file an appeal.  She may not have the money to file an appeal.  The cats may be taken away from her within a matter of days after a negative decision.

 

Perhaps we can help her place her cats, if the need arises.  How many does she have?  What are their medical problems, shyness quotients, and ages?  Is she willing to get them to an airport and air-freight them to us?  Will we help her with the airfare?  I've air-freighted cats in the past, and have no hesitation about doing so, nor any hesitation in paying the fee.  Others may not feel the same.  Do you have room in your homes to take in one or more of her cats?  Is she liable to take in more cats after a negative decision and clearance of her household?  In short, might she end up back in the same position?

 

Is she in an apartment, or a house, and if she's in a house, does she own the house?  What is the legal limitation on the number of cats she is allowed to possess within the zoning for where she lives?  Are her cats allowed to roam outside, or not?  What were the circumstances of the inspection (I assume there was one) that led to this situation?  Was the primary concern about cleanliness (time to hire a cleaner) or about sheer numbers? 

 

Zoning ordinances can be very difficult to beat.  When Everett and I bought our house three years ago, we made sure in advance that the town had no limitation on the number of cats allowed per household.  It's zoned for farming.  Can Hideyo afford to move?

 

We may need to kick in and offer homes to some of her cats.

 

She will be a far more effective speaker at her trial if she has a back-up plan and isn't scared to death by the possibility that her cats may be taken away from her and killed.  She shouldn't mention the back-up plan, of course.

 

I'll chip in on air-freight fare if anyone else is willing to take in one or more of her cats.  Let's put our money where our mouths are.  I really would prefer not to take in any more cats myself, because we have thirty-six at present (in a very well-managed, clean house--no problems).  There's only so much I can do, physically.  But I can give financial assistance in transporting the cats, provided that Hideyo doesn't get herself into this situation again.  And saying "No" to a needy cat is extremely hard;  I know that full well.

 

Suggestions?

 

Presto

 

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