Update Dec. 10, 2009: New York Assembly Member Micah Z. Kellner and State Senator Thomas K. Duane have now introduced A.B. 9449/S.B. 6412 called Oreo's Law which would require public shelters, humane societies and societies for the prevention of cruelty to animals, to release animals to any 501(c)3 animal rescue or adoption organization that requests possession of them.

The only exceptions would be for animals that are suffering irremediably or which have signs of rabies.    

Both the New York state  Assembly and Senate versions have been assigned to the Agriculture  Committees. Go here to find House Agriculture Committee members and here to find state senate Agriculture Committee members. Contact your New York state senator here and state assembly members here.  Urge these legislators to vote no on A.B. 9449/S.B. 6412 unless there are restrictions and checks on the organizations requesting possession of the animals and some discretion of the public shelter, humane society or SPCA, to reject the request if the organization cannot manage or care for the animal and should not be given possession. 

For more on this bill and the problems it presents, read Animal Law Coalition's original report below. 

Original report: A bill to require public shelters to release animals they are planning to euthanize to any 501c3 animal welfare organizations that request them, will be introduced in the State Legislature this week by New York Assembly Member Micah Z. Kellner and State Senator Thomas K. Duane.

The bill is named Oreo's Law in memory of a dog who became well-known after she survived abuse at the hands of her former owner, Fabian Henderson, who in his final act of torture, threw her from the top of a six-story building. Oreo recovered from her injuries but was recently euthanized after the ASPCA determined she was too aggressive. The dog was, of course, very frightened and did not really trust anyone. Pets Alive Animal Sanctuary offered to take Oreo, but the ASPCA refused the request.

ASPCA President and CEO Ed Sayres said that in a sanctuary, Oreo would have had to live in isolation from people and other dogs. He said her quality of life would have been "virtually nothing". The Mayor's Alliance of NYC has issued a statement in support of ASPCA and that is attached below and can be downloaded.

Others suggested ASPCA should have delayed evaluation of the dog until she had gone through a rehabilitative process.

Fabian Henderson, 19, has pleaded guilty in State Supreme Court to felony animal cruelty to Oreo. He will be sentenced on Dec. 1.

"As a dog owner and a foster parent for an animal rescue group, I was heartbroken to learn that Oreo was euthanized." said Assembly Member Micah Z. Kellner. "I am hopeful that Oreo's Law will ensure that no animal is ever put to death if there is a responsible alternative."

"The humane treatment of animals in the care of shelters is an issue about which I feel very strongly," said Senator Thomas K. Duane, who will introduce Oreo's Law legislation in the New York State Senate. "No animal should be put down by a shelter if a reputable humane or rescue organization is willing to assume responsibility for its well being."

The problem is the bill does nothing to assure shelter animals will end up in "reputable" or "responsible" organizations. The bill simply requires public shelters to release animals to any 501c3 organization that requests them. A 501c3 status is simply an IRS designation meaning it is tax-exempt and donations are tax deductible. It has nothing to do with the quality of the operation and care provided. Indeed, many hoarders are 501c3 organizations.      

The bill is modeled after California's Hayden law which mandates that public shelters or agencies must release stray dogs and cats to any 501c(3) non-profit group that requests them. CA Food & Agr. Code §§31108, 31752   

But the California law was passed in 1998 as part of a comprehensive effort to save adoptable or treatable animals in shelters that refused to release them and instead euthanized them. The California law is guided by the intent to save adoptable and treatable animals. "Adoptable animals include only those animals eight weeks of age or older that, at or subsequent to the time the animal is impounded or otherwise taken into possession, have manifested no sign of a behavioral or temperamental defect that could pose a health or safety risk or otherwise make the animal unsuitable for placement as a pet, and have manifested no sign of disease, injury, or congenital or hereditary condition that adversely affects the health of the animal or that is likely to adversely affect the animal's health in the future." Cal. Code Sec. 599d.

"A treatable animal shall include any animal that is not adoptable but that could become adoptable with reasonable efforts." Cal. Code Sec. 599d.

In New York, however, Mayor's Allliance reports 1,500-1,700 animals each month in NYC alone are sent to rescues by Animal Care and Control. In other words, there is every indication that in New York public shelters are already placing animals with rescues. 

The New York bill, A.B. 9449/S.B. 6412, contains no limitations and would force ASPCA and other public agencies to turn over animals on demand to any 501c3.  There should be provisions to allow the public shelter or agency to make sure the organization is not hoarding or engaged in  criminal activity, that its owners and employees have no history of animal abuse or neglect and are capable of providing proper housing and care, veterinary and otherwise, and any training or socialization the animals may require. It would be important to assure the organization has an adoption program that places animals in carefully screened homes to find the best person to care for and manage each animal.  

Otherwise, this bill will not save lives but simply cause more suffering.