The Legal Animal
Update June 21: Attorney receives injunctions for return of Katrina animals.
June 19, 2006 : 12:00 AM
Judges in New Orleans and St Bernard Parish ordered Wednesday that two Texas animal shelters must return Katrina dogs to their original owners, pending further hearings.
Nationally known animal rights attorney Steven Wise announced today that Army First Lieutenant Japeth Johnson and New Orleans resident Linda Charles have both received preliminary injunctions requiring the return of their dogs from humane societies in Texas. These injunctions will be reviewed at hearings next month.
See below for full story on these lawsuits.
Attorney Steven Wise with Lt Japeth Johnson, who holds a portrait of his dog Missy.
June 18 Story
Boston attorney Steven Wise is filing suit against two animal shelters refusing to return pets to their pre-Katrina owners.
Special to The Legal Animal
One of the top names in animal rights law is taking the cases of two Katrina victims seeking the return of their pets from humane organizations.
Boston attorney Steven Wise is holding a press conference in New Orleans Wednesday to announce that he is filing lawsuits on behalf of Army Lt. Jaypeth Johnson and Linda Charles, both of whom are seeking the return of dogs rescued during the aftermath of Hurricane Katrina.
A former president of the Animal Legal Defense Fund, Wise is a pioneer in the field of animal rights law. He has taught animal law at several universities including Harvard Law School, and is the author of several books, including Rattling the Cage: Towards Legal Rights for Animals. He is currently the president of the Center for the Expansion of Fundamental Rights, which is working toward obtaining fundamental legal rights for non-human animals.
“The plight of Lt. Johnson and Missy is emblematic of a number of cases where shelters throughout the country temporarily provided aid to rescued Katrina companion animals, then refused to return them to their original families, who remain stymied in their attempts to rebuild their lives,” Wise says.
Johnson is seeking the return of Missy, a Shih Tzu mix who was left in the care of his mother when Hurricane Katrina hit. Johnson was deployed in Iraq at the time, and began searching for Missy promptly upon his return. Charles is trying to secure the return of Precious, a German Shepherd dog who served as a companion for her disabled mother.
Wise says the ownership of both dogs is clearly established, and the dogs have been traced to humane societies that are now refusing to return them, or provide information on their current locations.
“These cases seemed so clear -- people managed to trace their companion animals pretty clearly to these humane societies, and then they went to get animals back and were clearly rebuffed,” he says.
Johnson and Charles were able to find the shelters that ultimately took in Missy and Precious with the help of the Stealth Volunteers, an Internet-based group that has specialized in reuniting Katrina pets with their pre-hurricane owners, and has helped to bring about more than 1,000 reunions.
Stealth Volunteer Donna Thomas says these two cases are representative of dozens in the Stealth case files, for which the locations and pre-Katrina owners of animals have been identified, but where humane organizations or private individuals have refused to give the animals back. Unfortunately, Thomas says, there aren’t funds to pursue all of these cases.
She says many of these people consider their pets to be full-fledged family members, and mourn their loss as they would the loss of a human family member.
“We are hoping with these two cases to send a message that it is important to return these family members to New Orleans,” she says. “These are people who have lost everything – their homes, jobs, and cities, and some have even lost human family members. For many of them, their dog or cat is all they have left.”
Wise says the initial suits are going to be filed against the humane societies involved, to obtain information on the current location of the dogs. If and when the organizations furnish this information, according to Wise, further action will be pursued against the people currently in possession of the animals, if necessary.
Wise is filing suit in Louisiana with the aid of local attorneys Sal Gutierrez and Mary Hand. The three attorneys will appear at the press conference along with Johnson, Charles, and Thomas, as well as New Orleans Councilmember Cynthia Willard-Lewis.
Wise says he hopes the lawsuits will help the many other Katrina victims who are still seeking the return of their pets.
“I really got involved because there were individual injustices that need to be corrected, and I was hoping that one or two successful lawsuits that were publicized would at the very least lead to shaming other organizations into doing the right thing,” he says.
Stay tuned to The Legal Animal for more stories about the legal travails of Katrina victims seeking the return of their pets.
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