Petition update

Update on Rusty

Dallas Pets Alive
United States

Feb 27, 2019 — 

We are very disappointed to report that the City of Dallas continues to spend who knows how much of its citizens’ tax dollars and use taxpayer-funded staff manpower in their now 15-month effort to kill Rusty.

The City filed two petitions for review in the Supreme Court of Texas on February 19th. They asked the Supreme Court to tell the Dallas Court of Appeals, two Dallas County Courts at Law, and Dallas Pets Alive that they are all wrong and that DPA has no right to appeal a City of Dallas Municipal Court Order of Euthanization.

DPA has filed a response waiver, essentially standing on the lower Courts' decisions, allowing the case to now go before the Court.

Unlike lower courts, the Supreme Court of Texas is not required to hear and decide every case that is appealed to it. Rather, it focuses on appeals that truly present fundamental questions of law that significantly impact the state of Texas and its residents. Does the city of Dallas’ ability to seize and kill a dog meet this threshold?

The Court can now request DPA file a response or it can deny the petitions for review.

Consider the irony of the situation:

The City continues to do exactly what they argue DPA cannot do even once: have a decision reviewed to ensure its legal validity and consistency with state laws and statues.

The City is allowed to play by a different set of rules than they expect DPA to follow.  Because of this, DPA--and Rusty--have been set up to fail before we've even begun. We're fighting for Rusty's life in a city court facing a city prosecutor and judges appointed by the city council. There's no incentive for any of them to be impartial. Quite the opposite, actually. Their only incentive is to focus on keeping their jobs. Does that seem right to you?

What is the harm in allowing the case to be heard in a court where the judge has actually been elected by the community he or she serves?

Here's what YOU can do to help Rusty:

*  Submit a City of Dallas Open Records Request at https://dallascityhall.com/government/citysecretary/openrecords/Pages/default.aspx to find out just how much time and money has been wasted.

* Contact every council member, the Interim City Attorney, and the City Manager, and ask your City leaders to explain the rationale justifying the ongoing use of your taxpayer money to fund their relentless pursuit to kill Rusty the dog. And if they prevail, could your dog be next?

* Ask them to explain how dragging out this case benefits the citizens of Dallas so much that it warrants an unprecedented level of taxpayer-funded manpower, time, and resources.

Rusty deserves the opportunity to be sent to sanctuary instead of being killed.


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