Paw Protectors Response via one of our attorneys to LA County Animal Shelter. NCB Law, APC 3509 Riviera Drive San Diego, CA 92109 Nicole C. Baldwin, Esq. nicolecbaldwin@gmail.com 619-512-6341 April 10, 2017 To: Ms. Marcia Mayeda mmayeda@animalcare.lacounty.gov cc: JUbario@animalcare.lacounty.gov ACardona@animalcare.lacounty.gov JGutierrez@animalcare.lacounty.gov areal@animalcare.lacounty.gov PWebb@animalcare.lacounty.gov MarkRidley-Thomas@bos.lacounty.gov MLopez2@animalcare.lacounty.gov jguzman@animalcare.lacounty.gov AMota@animalcare.lacounty.gov Re: Euthanasia Practices of the County of Los Angeles, Department of Animal Care and Control Dear Ms. Mayeda: This letter is written on behalf of Paw Protectors, an animal rescue organization, with regard to the recent communications by the County of Los Angeles Department of Animal Care and Control (“Animal Care”) about Animal Care’s euthanasia practices. In particular, it appears that Animal Care’s euthanasia operations violate the Hayden Act, which is codified in particular sections of California Civil Code, Penal Code and Food and Agricultural Code. Specifically, it has come to light that Animal Care is euthanizing animals without making such animals available for adoption by animal rescue organizations, as required by California Food and Agricultural Code §§ 31108 and 31752, which mandates that any cat or dog, “prior to the euthanasia of that animal, be released to a nonprofit, as defined in Section 501(c)(3) of the Internal Revenue Code, animal rescue or adoption organization if requested by the organization prior to the scheduled euthanasia of that animal.” The only two exceptions to Food & Ag. Code §§ 31108 and 31752 exist in Food & Ag. Code § 17006 with regard to: (1) “[a]nimals that are irremediably suffering from a serious illness or severe injury shall not be held for owner redemption or adoption”, and (2) “[n]ewborn animals that need maternal care and have been impounded without their mothers may be euthanized without being held for owner redemption or adoption.” Recently, Mr. Danny Ubario of Animal Control made the following statement to an animal rescue organization: “I wanted to take the time to inform you that effective immediately there will be some changes in the animals in which you have been notified. All animals that are deemed not safe for placement due to behavior will no longer be made available to rescues. You will not receive notifications on these animals, and animals that fall under this category will be euthanized after their holding period is up. You will continue to receive notifications on animals that are behaviorally sound and available.” (emphasis added) Simply put, Animal Care is not permitted to refuse to release animals to rescue organizations because the animals are arbitrarily deemed “not safe for placement.” Instead, the rescue of animals must be allowed in all situations except for the two categories expressed in Food & Ag. Code § 17006 regarding animals suffering from a serious illness or injury, or newborn animals without their mothers. However, if Animal Care is relying on other specific legal authority to deny placement of animals with rescue organizations, please provide such legal authority in response to this letter. Additionally, in order for animal rescue organizations to further assess the aforementioned compliance concerns - the following records are sought: 1. Copies of any and all of Animal Care’s policies and/or procedures pertaining to the euthanizing of animals. 2. Any description, information and documents showing how animals are determined “not safe for placement due to behavior” as indicated by Mr. Danny Ubario’s recent correspondence. I appreciate your prompt attention to this matter regarding Animal Care’s euthanasia practices. Please feel free to contact me to discuss this matter further at 619-512-6341 or nicolecbaldwin@gmail.com. Sincerely, Nicole C. Baldwin, Esq.