This post isn't about Best Friends. Well, not really. I have no interest in piling onto an organization that I have a lot of respect for in a time when they are getting a lot of criticism. I'm a fan of Best Friends. I've been fortunate to speak at their conference. I've learned a lot from their resources. Russ Meade, Ledy Van Kavage and others with the organization have been very supportive of our organization at times when we've needed the help. I've enjoyed their TV show - and their helping of the Vick dogs has been a huge study in how environment, not breeding, or breed, have the most to say about a dog's personality.
And this isn't a post about Oreo's Law. A law that was pushed hard by No Kill Advocates across the country and in the state of New York. A law that was opposed by the ASPCA in New York and became very controversial -- and two weeks ago was tabled by the New York Legislature.
This story isn't intended to draw lines -- although it might. But I think the two weeks that have followed the tabling of Oreo's Law, the following criticism of Best Friends' "Neutral" stance on the law, and Best Friends' response to the criticism are a perfect symbol of a couple of the problems I think are impeding progress toward us becoming a No Kill society. And that is what I want this post to be about.
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For those who are uninitiated, Oreo's law was named after a a dog in New York City, Oreo, that was dropped off the roof of a 6 story building. The dog's owner was never convicted of a crime, but Oreo become the property of the ASPCA (who handles animal control in NYC). After rehabilitating Oreo's physical wounds, they determined that they would never be able to heal her emotional ones -- and declared her too unstable to ever be adopted out. So they put Oreo on death row. A New York rescue group, Pets Alive, offered to take Oreo to their sanctuary -- where they would spend the time needed to rehabilitate her -- or, if never completely rehabilitated, would be allowed to live out her life at the sanctuary where she would get plenty of interaction and play time.
The ASPCA declined, and Oreo was killed at the shelter.
Oreo's Law was designed after Hayden's Law in California. The law would provide open access to rescue groups to city run shelters. So 24 hours before an animal would be killed at the shelter, the shelter had to let the public know about the animal, and a licensed, 501c3 rescue group would be allowed to pull the animal and make them a part of the rescue instead of being killed.
Somewhat predictably, the ASPCA opposed the law -- I think the name alone, and the widely public dog that was the namesake, was enough to put them on the defensive and try to defeat the law. Even with a name change, the impetus for the conversation was probably a deal breaker from the start for the ASPCA. It probably also didn't help that one of the champions for the law, No Kill Movement leader Nathan Winograd, has had previous personal history with ASPCA leader Ed Sayers that made the proposal of the law (even though Winograd, himself, didn't propose the law - or name it) seem personal. I think the feeling that the law was personal was its downfall and created divisiveness on the issue -- more-so than the merit of the law itself.
Because of the opposition, the bill failed. And in the aftermath, it was Best Friends, an organization that declared themselves "neutral" in the bill, that drew the ire of the those who supported the bill. Because their support may or may not have made the difference in the passing of the law.
And while Best Friends has every right to either support, or not support a law all they want, it is their stated REASON that troubles me most -- because it it appears to be very backward for a forward thinking organization.
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Via Best Friends' Facebook page, Best Friends CEO Gregory Castle released his statement on why Best Friends did not support the bill -- along with their history with lobbying on the bill. The entire statement is well worth the read -- so please go do so.
Now, I'm going to state for the record here that I'm not an insider in this case. I've met Mr. Castle and find him to be a smart man and have no reason to believe he is being anything but honest in his statements (which I wouldn't say about everyone I've met in the Animal Welfare movement). So I'm going to take his reasoning at his word.
In the statement, Castle notes that he, and Best Friends, favor open access laws for shelters:
"One good thing that’s come out of finding ourselves in the middle of a shelter access debate is that it confirms what we have long espoused: broad shelter access is a basic element of No More Homeless Pets. Moving forward we intend to support shelter access bills in New York and elsewhere."
In this statement we find that Best Friends supports the basic premise of Oreo's law -- even though they did not support the actual law. So why? According to their statement, it comes down to two basic things:
1) The ASPCA and the mayor's alliance didn't support the bill and Best Friends didn't support the personal hostility that existed on both sides of the equation.
2) The law was open to all 501c3s (unless anyone affiliated with the organization had ever been charged with animal cruelty) and Best Friends thought there should be a qualification threshold that would prevent some unsavory rescue organizations that are hoarders that mask themselves as rescues from participating.
And that's their statement. Their words. and I think both reasons show a shining example of what has been holding back the animal welfare movement in this country for decades.
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I'm a big fan of open access laws. It seems so basic. If one organization is "full" and doesn't have the resources to care for an animal any more, but another organization does, then surrendering that animal to the other organization just makes sense. While most shelters in the country work this way to some extent, there are still many municiple shelters that don't. And I've seen the dramatic difference it can make with my own eyes in Kansas City, Kansas.
Only 2 short years ago, the KCK animal shelter was one of the highest volume killers of animals in this metro. They didn't work with rescue groups and refused to do so. And animals died because of it - by the hundreds if not thousands..
A new shelter manager came in, allowed a local rescue group to pull all of the animals they wanted -- and within 6 months every healthy and treatable animal in the shelter was finding a home -- and it has been that way for over a year now. All of the animals weren't saved because the public instantly got more responsible, or because the city become more compassionate, or because the city created better laws. They got saved because one organization was given full access to the shelter to save lives.
If Kansas had an open access law that would have mandated this years ago, thousands of animals would have been saved from that shelter. And so the success that is happening today, could have happened if the shelter had just been open access before.
Open access laws are good to help rescue organizations deal with bad civic shelter directors and we could all probably name a few that fit the description..
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There is no doubt that there are some hoarding groups out there that mask themselves as "rescues". Every year, dozens of these groups are busted. Regardless of whether or not Oreo's law was passed, these groups will continue to operate in New York and elsewhere unless they are found, charged and prosecuted for animal cruelty. This should be done regardless of whether or not an open access law is passed. It makes no sense to me that we would not pass good legislation, that could potentially save thousands of animals' lives, because people are breaking laws in other areas. Enforce those too! But don't let a small minority of "rescues" that are doing it wrong prevent the passing of legislation that would help hundreds of other rescues do it right.
The whole overarching idea here is the same one that exists in dozens of other ole school ideas of sheltering. We have somehow determined that it is ok to kill animals to prevent the low-probability bad event from happening. That even though MOST rescues are good, we must kill the animals to prevent the few bad rescues from getting them, instead of taking the steps to stop the bad rescues. And we mask the killing by using a term that indicates the end of suffering, euthanasia, even though the animals aren't suffering.
This same "kill them to save them" idea is why many pit bull rescue groups SUPPORT the decision of civic shelters to not adopt out 'pit bulls' because they cannot do the same type of screening the rescue groups can do. They say they favor the shelters killing the dogs to prevent them from being adopted by dog fighters -- even though even the ASPCA notes that most dogs used in dog fights are bred specifically for that purpose and are seldom if ever adopted from shelters. I'm not saying it doesn't ever happen. I'm not saying that we shouldn't use some basic percautions, but killing thousands of dogs in a shelter to prevent the rarest of occurances is a classic "kill em' to save 'em" idea.
It's this same idea that causes many rescues to deny almost as many potential adopters as they accept because they're seeking 'perfect' homes for dogs to avoid the possibility that something might go horribly wrong (even though and extreme few adoptions end up going horribly).
Best Friends knows this. They know that the kill 'em to save 'em attitude exists and have spent countless hours in conference lectures and in writing website copy trying to overcome this attitude. And yet they used the very idea to support why they didn't support a law they philosophically believe in. It doesn't make sense to me.
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They also said they didn't support the law because they didn't want to be seen as divisive in their support of the law because the ASPCA opposed it -- even though, again, philosophically, they admit that they agree that open access laws are an important part of the No More Homeless Pets (or No Kill) equation.
I want to say, I'm all for everyone being on the same page when it comes to creating new laws -- it is certainly helpful that way. But if recent history has told us anything, sometimes the national organizations need to be dragged along to new ways of thinking. It wasn't because of collaboration that HSUS began supporting TNR programs or deciding that all dogs from fight busts should NOT be immediately killed. Oh sure, EVENTUALLY they got there through collaboration, but only after loud public outcry.
At some point we cannot let the organizatoins with the money and the big names continue to dictate animal welfare policies (or in this case) hold back a progressive one.
At some point you have to just push for what is right -- regardless of who agrees with you. And while collaboration is always preferred, we can't wait around forever, forgoing solid policies while animals die in uncooperative shelters because one organization's feelings were hurt and doesn't want to go along with it.
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So where do we go from here?
My hope is that a new open access law will resurface next year in New York and elsewhere. I think the people with a common interest in this should sit down together and figure out what are the necessary precautions to put into place to protect the animals from bad situations. Dooming them to death in the shelter if there are viable options for them is worse than the animal cruelty so many are trying to avoid.
And I would like to think that all parties involved should be willing to work on this together. If it's all about the well-being of the animals, then everyone should be able to put their personal feelings aside and do what is in the best interest of the animals -- and create something everyone can agree on. I hope.
And as an animal welfare commuity, we need to learn from this too. We need to get rid of the mindset that we need to 'kill 'em to save 'em", and we need to realize that creating policies that lead to thousands of animals being killed to protect them from remote possibilities of future danger is not good policy. Don't be careless, but don't kill them to save them either.
And we need to drag those who support bad policies (or don't support good ones) with us. Regardless of their name, or their bank account, we should push these national organizations to move toward policies that help end the killing. Or force them to step aside.
If we are a humane population, we will do just that.
For more info:
Winograd - Where have you gone Best Friends?
Best Friends - Shelter Access - Moving Forward
Best Friends - BFAS Statement on Oreo's Law
Winograd - Best Friends "Spin" Machine Goes into overdrive
YesBiscuit! - Best Friends Animal Society and Oreo's Law
For your Entertainment - On Oreo's Law
Change.org - Can there be a future for Oreo's Law?
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