Trial date set in Pet Rescue case
By: Christy Gutowski, Daily Herald Staff
A DuPage County judge upheld the state animal welfare law Thursday in Bloomingdale's beleaguered Pet Rescue court saga, clearing the way for a summer trial.
Judge Ronald Sutter denied a defense request to declare the law unconstitutional and, thus, allowed misdemeanor charges to stand against two of the no-kill animal shelter's operators.
An Aug. 10 trial date was set.
The shelter, which opened three decades ago, has been a subject of controversy for years as former volunteers, workers and clients accused operators of improper care of the animals.
Pet Rescue president Dale Armon, 74, and her director, Penny Horak, 69, are facing criminal charges alleging misdemeanor animal cruelty and violation of their duties after several cats and dogs got sick, some to the point they had to be euthanized.
Armon and Horak maintain their innocence.
As part of the criminal proceedings, Judge Sutter earlier ordered regular inspections of the shelter. State agriculture officials and a licensed veterinarian inspect the facility at 151 N. Bloomingdale Road at least three times a month.
The state department also is seeking to revoke Pet Rescue's license and impose a fine after state officials last month filed 22 new violations.
The privately run shelter is accused of failing to provide records for 21 cats and one dog, named Mickey Blue Eyes, that state officials requested. A May 19 hearing is set in Springfield.
This is the second time state officials tried to shut down Pet Rescue in recent months. Operators were accused of four earlier violations involving sick animals and the lack of a pressurized water source in an annex building.
Pet Rescue paid a $200 fine for one violation. In a March 3 ruling, administrative law judge John Shull allowed the shelter to remain open when he dismissed two other violations but upheld one regarding the water source. Pet Rescue is appealing the $500 fine.
Thursday, April 16, 2009
Friday, April 10, 2009
Daily Herald, April 10, 2009
New violations filed against Pet Rescue
By: Christy Gutowski
Bloomingdale's beleaguered Pet Rescue is facing more state scrutiny.
The Illinois Department of Agriculture is seeking to revoke the no-kill animal shelter's license and impose a fine after state officials filed 22 new violations.
The privately run shelter is accused of failing to provide records for 21 cats and one dog, named Mickey Blue Eyes, that state officials requested. A May 19 hearing is set in Springfield.
"It is a record-keeping matter, but it's a basic requirement under the statute," said Jeff Squibb, the agriculture department's spokesman. "We believe it's critical on behalf of the care of animals."
This is the second time state officials tried to shut down Pet Rescue in recent months. Operators were accused of four earlier violations involving sick animals and the lack of a pressurized water source in an annex building.
Pet Rescue paid a $200 fine for one violation. In a March 3 ruling, administrative law judge John Shull allowed the shelter to remain open when he dismissed two other violations but upheld one regarding the water source. Pet Rescue is appealing the $500 fine.
The shelter, which opened three decades ago, has been a subject of controversy for years as former volunteers, workers and clients accused operators of improper care of the animals.
In fact, a Carol Stream woman is facing a misdemeanor theft charge after being accused of trying to steal a puppy when her adoption attempt was denied. Her lawyer said the woman was so troubled by Pet Rescue conditions that she feared for the puppy's safety.
Pet Rescue president Dale Armon, 74, and her director, Penny Horak, 69, also are facing criminal charges alleging misdemeanor animal cruelty and violation of their duties for several sick cats and dogs, some of whom had to be euthanized.
Armon and Horak maintain their innocence. A March 23 trial was postponed.
Defense attorney Rick Schoenfield argues the state animal welfare law is unconstitutional. Lawyers may argue before DuPage Associate Judge Ronald Sutter during an April 16 court hearing. Schoenfield said he feels so passionately about the shelter's importance, he is working for free.
"My reason for doing so is my belief that Pet Rescue saves hundreds of animals a year that would otherwise be on the street or be killed," he said.
As part of the criminal proceedings, Judge Sutter ordered regular inspections of the shelter. Squibb said state agriculture officials and a licensed veterinarian inspect the facility at 151 N. Bloomingdale Road at least three times a month.
Meanwhile, Bloomingdale officials said they are holding off on a hearing to review Pet Rescue's special-use permit until the court and state agriculture proceedings conclude. The issue is on the village board's agenda for its 7:30 p.m. Monday meeting.
By: Christy Gutowski
Bloomingdale's beleaguered Pet Rescue is facing more state scrutiny.
The Illinois Department of Agriculture is seeking to revoke the no-kill animal shelter's license and impose a fine after state officials filed 22 new violations.
The privately run shelter is accused of failing to provide records for 21 cats and one dog, named Mickey Blue Eyes, that state officials requested. A May 19 hearing is set in Springfield.
"It is a record-keeping matter, but it's a basic requirement under the statute," said Jeff Squibb, the agriculture department's spokesman. "We believe it's critical on behalf of the care of animals."
This is the second time state officials tried to shut down Pet Rescue in recent months. Operators were accused of four earlier violations involving sick animals and the lack of a pressurized water source in an annex building.
Pet Rescue paid a $200 fine for one violation. In a March 3 ruling, administrative law judge John Shull allowed the shelter to remain open when he dismissed two other violations but upheld one regarding the water source. Pet Rescue is appealing the $500 fine.
The shelter, which opened three decades ago, has been a subject of controversy for years as former volunteers, workers and clients accused operators of improper care of the animals.
In fact, a Carol Stream woman is facing a misdemeanor theft charge after being accused of trying to steal a puppy when her adoption attempt was denied. Her lawyer said the woman was so troubled by Pet Rescue conditions that she feared for the puppy's safety.
Pet Rescue president Dale Armon, 74, and her director, Penny Horak, 69, also are facing criminal charges alleging misdemeanor animal cruelty and violation of their duties for several sick cats and dogs, some of whom had to be euthanized.
Armon and Horak maintain their innocence. A March 23 trial was postponed.
Defense attorney Rick Schoenfield argues the state animal welfare law is unconstitutional. Lawyers may argue before DuPage Associate Judge Ronald Sutter during an April 16 court hearing. Schoenfield said he feels so passionately about the shelter's importance, he is working for free.
"My reason for doing so is my belief that Pet Rescue saves hundreds of animals a year that would otherwise be on the street or be killed," he said.
As part of the criminal proceedings, Judge Sutter ordered regular inspections of the shelter. Squibb said state agriculture officials and a licensed veterinarian inspect the facility at 151 N. Bloomingdale Road at least three times a month.
Meanwhile, Bloomingdale officials said they are holding off on a hearing to review Pet Rescue's special-use permit until the court and state agriculture proceedings conclude. The issue is on the village board's agenda for its 7:30 p.m. Monday meeting.
Thursday, April 9, 2009
Department of Agriculture seeks to shut down Pet Rescue, issues "Formal Complaint & Notice of Hearing"
On March 27, 2009, the Department of Agriculture issued Pet Rescue a "Formal Complaint & Notice of Hearing" (Docket No. AW-09-16). The Department has charged an additional 22 violations of the Illinois Animal Welfare Act. The hearing date is listed as April 14, 2009, although we have been informed that it has been postponed due to motions by Pet Rescue's attorney.
In its Complaint, the Department of Agriculture states:
The Department is seeking revocation of Respondent's license.
Pet Rescue's attorney seems intent on allowing the animals at this pet prison to suffer for as long as he possibly can. He uses every legal game to drag the case out. He has filed a motion to continue to proceedings to "perform discovery." Ironic because discovery is a device to obtain documents and information from the other side, but ALL 22 violations are for Pet Rescue's failure to provide records to the Department of Agriculture. So, even though Pet Rescue has not complied with the state's request for documents, counsel for Pet Rescue is seeking to delay the revocation of the pet prison's license by demanding documents from the state.
The schedule is as follows: discovery requests are to be submitted to opposing counsel by April 28. Responses are due May 8. Another scheduling conference is scheduled for May 19. Hearing most likely will be June 2.
In its Complaint, the Department of Agriculture states:
The Department is seeking revocation of Respondent's license.
Pet Rescue's attorney seems intent on allowing the animals at this pet prison to suffer for as long as he possibly can. He uses every legal game to drag the case out. He has filed a motion to continue to proceedings to "perform discovery." Ironic because discovery is a device to obtain documents and information from the other side, but ALL 22 violations are for Pet Rescue's failure to provide records to the Department of Agriculture. So, even though Pet Rescue has not complied with the state's request for documents, counsel for Pet Rescue is seeking to delay the revocation of the pet prison's license by demanding documents from the state.
The schedule is as follows: discovery requests are to be submitted to opposing counsel by April 28. Responses are due May 8. Another scheduling conference is scheduled for May 19. Hearing most likely will be June 2.
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