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On July
10, 2000, API, In Defense of Animals, The Trixie Foundation, and 19
other Kentucky plaintiffs sued the Kentucky Commissioner of
Agriculture and 70 counties for failure to protect and regulate dogs
throughout the state (The Trixie Foundation, et al. v. Billy Ray
Smith, Commissioner, et al., No. 00CI-00792). The case is
best summarized in plaintiffs' pleadings: "Kentucky dog pounds
come in two forms: (1) non-existent or (2) so pitifully inhumane
as to be worse than non-existent."
The
plaintiffs in this class action lawsuit are seeking to compel the
defendants to maintain a dog pound, employ a dog warden, and humanely
euthanize dogs, obligations which Kentucky officials have blatantly
ignored for nearly half a century. In fact, there is evidence
that several counties have permitted various forms of euthanasia which
are not only inhumane but barbaric.
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On
January 11 and March 6, 2001, the plaintiffs responded to defendants'
motions to have the case dismissed on various grounds, namely venue.
A ruling on these motions is expected soon.
Since
the filing of the lawsuit, at least two counties have taken steps to
improve conditions, including seeking grant money to build a new
shelter and appointing a new dog pound operator.
Katie
Marie Brophy, a Louisville attorney known for her work on behalf of
animals, is representing the plaintiffs pro bono in this case.
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