Lawsuit Against Palm Springs Animal Shelter Begins Legal Journey

Attorneys will make their first court appearance today in a lawsuit filed by an animal rights group accusing the Palm Springs Animal Shelter of euthanizing animals too quickly and of lax recordkeeping.

The complaint alleges that the shelter violated the Palm Springs municipal code by euthanizing animals before the required five-day holding period. The suit by the Animal Legal Defense Fund names four Riverside County residents who volunteered at the shelter as plaintiffs.

“There is a holding period required by law that says animals must be held for a certain amount of time so that somebody can come in and find them and adopt them,” said Michelle Lee, an attorney with the Animal Legal Defense Fund. “These animals are not given that chance.”

Attorneys will meet today to set up a schedule for litigating the lawsuit, in which the plaintiffs are seeking a writ of mandate to force the shelter to comply with state regulations.

“We’re asking for a court order to step in and say ‘These are the rules, you need to follow them’ and do what they’re supposed to be doing,” said Marla Tauscher, another attorney with the Animal Legal Defense Fund.

Palm Springs City Councilwoman Ginny Foat, a member of the Friends of the Palm Springs Animal Shelter, has called the allegations in the lawsuit “ludicrous.”

“We never, ever euthanize adoptable animals,” she has said.

She said the shelter only euthanizes animals that are vicious or very ill, deeming them “unadoptable.”

The complaint alleges that, between August and December 2009, 40 cats were killed in violation of the five-day waiting period. That number jumped to 64 between July and November 2010, according to the ALDF.

During both of those periods, 40 cats total were euthanized in less than 72 hours, Lee alleged.

The shelter has an unusually high euthanization rate, according to the ALDF, which claims that records it uncovered from the shelter show more than 80 percent of unclaimed cats and 50 percent of unclaimed dogs were euthanized over certain time periods.

“The municipal shelter bills itself as a no-kill shelter, but it has a pretty significant euthanasia rate,” Lee said.

The complaint also alleges that the facility violated a state law requiring shelters to provide prompt veterinary care and adequate nutrition, water and shelter and to maintain proper records for each animal impounded.

According to the ALDF, about 25 cats and 15 dogs were found dead in their kennels in 2009, without any indication those animals received proper veterinary treatment. Between July and November 2010, about 25 cats and four dogs were found dead without any record of treatment, according to the lawsuit.

The complaint states that, between July and November of last year, 15 cats and 11 kittens were euthanized before the fifth day of impoundment, with the shelter citing medical reasons in each case.

However, “the majority of the impound records related to those animals gave no further details on specific medical conditions or veterinary treatment rendered,” the lawsuit says. “(Defendants) did not provide any indication that the animals were not treatable or were irremediably suffering.”

The lawsuit names as defendants the city of Palm Springs — which operates the shelter, the Palm Springs Police Department — which is responsible for animal control — and the Friends of the Palm Springs Animal Shelter.

The city has plans on opening a new shelter by the end of the summer, although Tauscher said that will have no impact on the lawsuit.

“A new shelter won’t change the procedures; the current procedures are what need to change,” she said. “An animal doesn’t really care if it’s living in a $7 million shelter or a $7 dollar cardboard box, as long as they are being treated appropriately.”

As well as the injunction, the lawsuit is seeking monetary damages to the four individual plaintiffs as reimbursement for the time they gave to the shelter. The lawsuit states they would have not volunteered at the facility had it not misrepresented itself as a no-kill shelter.

“Filing suit is our last resort to help this city’s desperate homeless animals,” Tauscher said.