From Bob Yarnall, president of the American Canine Association:
The Professional Dog Breeders Advisory Council, along with Carl Gilgore, announced today the filing of a federal civil action against Dennis Wolff, secretary of the Pennsylvania Department of Agriculture; Susan West, director of the Bureau of Dog Law Enforcement at the Department of Agriculture; and Kristin Donmoyer, a Pennsylvania Dog Law Officer.
The federal civil suit alleges that since 2006, the Pennsylvania Department of Agriculture, through the Bureau of Dog Law Enforcement, systematically targeted and unfairly treated commercial dog kennel operations, particularly in Lancaster County, PA. The suit outlines a pattern of abuse by officials from the Department of Agriculture, and alleges violations of the First and Fourteenth Amendments of the United States Constitution.
"Unfortunately there are times when the courts must intervene to stop the abuse of the executive branch of government," said Bob Yarnall, president of the American Canine Association. "Since 2006, the Governor has directed the Pennsylvania Department of Agriculture to target commercial kennel operators and to find reasons to shut legitimate businesses down. While there are rightful interests in enforcing regulations and the Pennsylvania Dog Law, creating SWAT teams of dog wardens and ignoring the deficiencies in kennel operations other than commercial kennels is fundamentally unfair and patently discriminatory."
The federal civil action sets forth several explicit examples of abuse by the Department of Agriculture, including the issuing of citations for infractions of dog breeding regulations and the Pennsylvania Dog Law. Based on the Department's annual report to the General Assembly, in the year 2007, kennel operators in Lancaster County were more than three times more likely to be inspected, more than 10 times more likely to be cited for violations and over 100 times more likely to receive a warning.
Further evidencing the disparity is the fact that similarly situated counties, such as Lancaster County and Allegheny County, whose kennels housed 85,000 dogs and 82,700 dogs respectively, received significantly different treatment from the Department of Agriculture. From January 1, 2006, to May 31, 2008, 76 kennel condition citations were issued to Lancaster County kennels; zero citations to Allegheny County kennels. Similarly, Bucks County kennels and Montgomery County kennel operators also received zero citations during the same period, despite housing over 40,000 dogs each.
"There is an undeniable pattern of abuse by the Department of Agriculture in enforcing regulations and the law that is intended to protect all dogs -- not just dogs in one part of the state," said Yarnall. "By treating similarly situated individuals differently, targeting kennels to drive them out of business, and unequally applying the law to certain kennels, the Department has violated the equal protections and due process clause of the United States Constitution."
The federal suit also raises questions concerning the conduct of the State Dog Law Officers, namely Kristin Donmoyer. The filing alleges that in late 2007 Ms. Donmoyer accosted Carl Gilgore, a volunteer at a commercial kennel, during a kennel inspection. Recoginiz9ing the disparate treatment that commercial kennels receive during the inspection process, Mr. Gilgore attempted to videotape the inspection being made by Ms. Donmoyer. At that time, he was threatened with arrest, in violation of Mr. Gilgore's enumerated rights under the First Amendment of the United States Constitution.
The lawsuit seeks to have the federal courts declare the actions of the Department unconstitutional, as they represent a violation of their federal rights, award $1 in nominal damages for Ms. Donmoyer's unconstitutional threat of arrest, allow breeding kennel owners to videotape inspections of their property, and require that similar standards for inspection be applied to all other kennels, consistent with applicable regulations.
"The Association takes this necessary action in order to provide for the uniform application of the law, to preserve the rights of our embers, and to invite the Department of Agriculture to work with us to promote the best breeding operations in the nation -- based on a collaborative effort, instead of a punitive one," said Yarnall. "We have and will continue to support appropriate changes that will improve kennel conditions."
BOB YARNALL
AMERICAN CANINE ASSOCIATION PRESIDENT
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