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December 28, 2012
... Letter of Intent
NYC Department of Health
New York Animal Care and Control under the auspices of the NYC Department of Health continues to be the bane of abject failure. Thousands of cats and dogs are slaughtered yearly, perfectly adoptable puppies and kittens, with nary an average New Yorker even knowing that they are available.
Legal action against the NYC DOH to be filed by myself pro se in a municipal action will constitute the following improprieties:
1) Removal of the word “euthanasia” from your website as it constitutes fraud. The definition of the word euthanasia is as follows: the act or practice of killing or permitting the death of hopelessly sick or injured individuals (as persons or domestic animals) in a relatively painless way for reasons of mercy. Therefore, the destruction of perfectly healthy dogs and cats could not possibly receive this categorization.
2) Lack of anesthesia applied to animals being destroyed and lack of experience, certification and qualification by technicians to destroy animals require an investigation which in our belief could only be rectified with installation of a full camera system and a full review of all personnel involved in these procedures. To date, NY ACC has failed to release the true statistics with regard to the destruction of cats and dogs, preferring to categorize out certain animals and not include in their numbers. For example, animals that become sick and/or behavior animals that are killed might not be included in their statistics for destruction.
3) Lack of any semblance of moral and ethical veterinary care. Animals suffer in their cages and kennels for the three-day hold without proper diagnoses and therefore without proper IV treatments and pharmaceuticals prescribed. The lack of veterinary care constitutes negligence.
4) Wrongful deaths of dogs such as “Penelope” A0944545 and “Blake” A0850317 needlessly destroyed due to lack of any semblance of a professional and competent communications department between appointed rescues of the “Mayors Alliance” and their New Hope Department, New York ACC facility and the public. The deaths of these two dogs are documented by affidavits and we will seek a full investigation. We consider the deaths of these animals to be felony animal cruelty according to state law which also brings attention to the ASPCA and their lack of enforcement of same. We are seeking possible criminal charges to certain individuals that may have been involved in these wrongful deaths.
5) Lack of transparency with regard to the release to Mayors Alliance rescues without follow-up dispositions on veterinary care and destruction of animals after their release for reasons lacking ethical fortitude. Recently a rescue called “Waggin Train Rescue” announced that they were having a three-year-old German Shepherd named Nikki killed by a veterinarian after only 2.5 months of release to that rescue, apparently due to behavior issues, ignoring testimony from witnesses of the surrender of said dog having been gentle and sweet to a child and offers from other entities to place the dog into training and rehabilitation programs. Although the rescues under the Mayors Alliance are their own private entities, we feel that the lack of transparency constitutes a lack of the public’s best interest in releasing said animals to these entities. The ASPCA and the Mayors Alliance were against the passage of Companion Animal Access Rescue Act sponsored by Micah Kellner, Assemblyman, et al, and lobbied hard to have the bill tabled at the state level thereby negating outside rescues to have the ability to pull these dogs and cats off of death row.
6) Rampant disease including canine influenza/pneumonia and feline bartonellosis without any type of control of said diseases, lack of any attempt to diagnose these diseases properly and hence the lack of proper veterinary care that results in these disease-infested conditions. Employees and volunteers are also placed at risk. Inspections of the NY ACC in Manhattan and Brooklyn by Occupational Safety and Health Act inspectors have not been forthcoming with regard to these conditions. OSEA requires all private-sector employers to furnish a safe workplace, free of recognized hazards, to their employees.
7) Lack of any type of meaningful spay/neuter program for the citizens of the five boroughs for their dogs and cats. Although the ASPCA has a van, it is woefully short of the need. Nothing less than a massive free and/or low cost spay neuter program will bring the destruction of thousands of dogs and cats in NYC under control. Also the institution of such a program would actually save tax dollars overall.
8) Lack of Animal Care and Control facilities in Queens and the Bronx. Though the NY City Council passed 0699/057 in its bid to appeal and win the privilege of not building these facilities, the Department of Health has failed to advocate for the citizens of NYC to have any semblance of a meaningful service in the public’s best interest.
Additionally, the NYC DOH has failed to comply with Freedom of Information Law requests for the records of approximately 35 animals and a legal challenge in a federal court is being investigated.
Please note that this Letter of Intent is waged very thoughtfully after several years of investigation. Our group will host a first-ever 900-person black-tie protest and rally on February 23, 2013 at Cordon Bleu in Woodhaven, Queens, NY to continue to bring attention to the travesty and tragedy of New York Animal Care and Control. We hope that bringing these issues into a court of law will shed light on a system so dark, it is unspeakable for most human beings to even wrap their minds around. We also appeal to the NYC Council for their compassion to finally consider effecting revolutionary change for our precious cats and dogs in NYC.
Kay Riviello, Co-Founder,
New York Animal Rights Alliance America
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