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Looks Like Its Time to Find the Right Venue for The Trixie Foundation Lawsuit
--Lisa Dunbar, The Maysville Ledger Independent
May 6, 2005

When I came to work for The Ledger Independent almost six years ago, I was a reporter covering Bracken and Robertson Counties. One of the first issues that came up was a lawsuit by Randy Skaggs, founder of The Trixie Foundation, and other animal welfare organizations against 70 Kentucky counties for failing to comply with the state statutes on animal shelters.

At that time, all five Buffalo Trace counties were named in the suit. Having covered the issue, I can say that Skaggs' lawsuit had a very positive effect in Bracken County.

When I began covering Bracken County, the dog shelter consisted of some cages made from pallets and fencing at the home of the then dog warden Joe Kiskaden.

Feeling pressure from both the lawsuit and from local residents, the fiscal court reluctantly voted to build a new dog shelter on county property outside Brooksville.  The county spent over $43,500 to construct the shelter in 2001.

Upon completion of the shelter, Skaggs said that although other counties were making improvements "when you look at what Bracken County considered its 'dog pound' a year ago--and now look at the brand new, clean and modern facility--there surely is no other county in the entire state that has accomplished so much in one year's time."

Public complaints also led to the hiring of a new dog warden, James Moore.  Originally hired as a part-time dog warden, Moore is now retired and works full-time at the shelter.

Mason County was later dropped from the suit, when it was discovered that the county did in fact have a shelter and full-time dog warden.  Despite that, the Mason County shelter is certainly not a model shelter.  Hours when the public can visit the shelter are extremely limited and relatively few animals are adopted out.

The good news in Mason County is that a humane society is being organized.

Skaggs also shined a spotlight on Fleming County's shelter, which was inside a barn on the dog warden's property. Fleming County residents who discovered where the shelter was and visited it described the conditions as deplorable.

Former dog warden Eddie Jolly said of the 722 dogs he picked up in 2000, about 10 were adopted or picked up by their owners.

 

 

Fleming County has since contracted with Mason County for shelter services.  Fleming still has its own dog warden, Andy Allen, but the dogs are taken to Mason County Animal Shelter for housing for five days prior to being euthanized if not adopted.  The majority are still euthanized.

The bad news is, nothing has changed in Lewis County where Judge-Executive Steve Applegate made a promise when he ran for office that a new shelter would be built under his leadership.

Lewis County did apply for a state grant, but when it was not received the county made no more moves toward building a shelter.  Not receiving a grant is an inadequate excuse for not building a shelter.  Bracken County didn't have a grant to build a shelter. In fact, after reviewing the grant requirements, Bracken chose not to apply because the strings that were attached would have cost the county too much money in the future.

Lewis County Dog Warden Billy Bowles has three cages on his property to house dogs, and he is not qualified to euthanize animals.  In the past, Lewis County and other counties used gunshot as a method if euthanasia.  However, in 2004, the legislature outlawed this cruel method.  With little room to house animals and no way to euthanize them, it sounds as though Bowles' hands are tied.  Without a proper facility and training, there is little he can do.

Yes, a new shelter would cost money--about $50,000, probably.  However, Lewis County is obligated under state law to provide an animal shelter.  Despite Bowles' efforts, a few kennels cannot be confused with a shelter.

Robertson County does have a shelter near the county road barn, but there is some debate within the county as to whether it is adequate.  And, like Lewis County, Robertson was using gunshot as a method of euthanasia until is was made illegal by the legislature. It is unclear what Robertson County Dog Warden Randy McBride is now doing with unwanted animals.

The Trixie Foundation lawsuit was dismissed in April 2001, by Franklin Circuit Court Judge Robert L. Crittenden for having been brought in the wrong venue.  It is unfortunate when members of the public must file lawsuits to get their local governments to comply with state law, but apparently that is sometimes what it takes.  Since the suit was dismissed there has been little or no movement to improve public animal shelters in the area.

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