Vicki Steiner, UCLA School of Law | June 18, 2011

OBJECTIVES
Best practices for shelter

RESCUE 2.0
What is Rescue 2.0? Advantages Disadvantages

rescue Working together to develop best practices for Rescue 2.0

CASE STUDIES

SHELTER RESCUE

Background Knowing applicable law Documenting incidents Reporting incidents Fear of retaliation

Friends or foes? Out-of-state placements Pulling without a plan Chip-ins and fraud Other problems?

DUE DILIGENCE
Free online resources
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Background on Litigation
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Mimsey and Buddy Nguyen Litigation

Los Angeles County Department of Animal Care and Control Change made possible by rescuers willing to come forward to report facts of incidents under penalty of perjury

DACC ordered: To comply with the holding period

To provide vet care to ill/injured animals

To comply with rescue release provision To restore pull rights
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Sources:

A Dogs Life Rescue v. County of Los Angeles, LASC Case No. BC 357617 Nguyen v. County of Los Angeles, LASC Case No. BS 112581

An animal with a medical condition who has a poor or grave prognosis for being able to live without severe, unremitting pain despite necessary veterinary care. Stipulated definition intended to remedy the killing of animals with treatable medical conditions.
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Necessary and Prompt Vet Care

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Shelters must provide necessary and prompt veterinary care, as well as treat animals kindly and provide nutrition, care, and shelter

Source: California Civil Code, 1815, 1816, and 1834

Know applicable shelter laws

Document incidents

REFORM
Report incidents Right against retaliation
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Name

Name, date, time Animal ID

Shelter

Location Employee name

Nature of violation Violation Detailed description

Source: No Kill Advocacy Center, http://www.nokilladvocacycenter.org/pdf/StipulatedOrderViolation.pdf

HELPFUL

NOT HELPFUL

Stick to the facts Be specific: names, dates, and detailed descriptions of incidents are crucial for proper investigation Be professional Be willing to stand up for the change you seek

Personal attacks Vague statements based on rumor that you have not personally verified Inflammatory language Making complaints, but refusing to testify as to their truthfulness
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These are all natural responses and legitimate concerns. However . . .

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There is a cost for silence

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Silence may save individual lives, but at what cost? The possible cost of many other lives each year and the cost of having a chance to make meaningful change for the animals.

Without witnesses with firsthand knowledge and specific details about shelter incidents, it is difficult for:

Shelter managers to investigate and address wrongdoing Elected officials to take action Attorneys to seek legal recourse
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Terrific essay written by Sheldon Eisenberg, one of the attorneys in the Nguyen v. County of Los Angeles case.

Source: No KillAdvocacy Center, http://www.nokilladvocacycenter.org/pdf/Sec1983_000.pdf

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Shelter took adverse action that caused injury

Engaged in constitutionally protected conduct Protected conduct was a substantial factor in shelters decision to take adverse action

Can state viable Section 1983 claim

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Network Animals

Build Community

Crowd Funding

Rescue 2.0 is the use of social media as a tool to build community, network animals, and to raise funds to support rescue activities.
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Recent survey showed that internet users are more active participants in their groups than nonusers. Higher rates of:
Charitable donations
Volunteering Attending events

Pride in group

Source: Pew Internet, http://pewinternet.org/Reports/2011/TheSocialSideoftheInternet.asp

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Embedded in group life in the U.S.:

9 out of 10 nonprofits report

having Facebook presence Environmental/Animal groups report largest average community size on Facebook compared to other nonprofits

Internet users who use social media for group activities:

62% use Facebook, while only

12% use Twitter

Sources: Common Knowledge, http://www.nonprofitsocialnetworksurvey.com Pew Internet, http ://pewinternet.org/Reports/2011/TheSocialSideoftheInternet.asp
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ADVANTAGES

DISADVANTAGES
Compassion fatigue Peer pressure Anonymitycan lead to:

Fundraising fraud
Harm to animals Bullying and harassment

Easy to use Facilitates community, sharing, and connecting Increase rescue network beyond local to national Increase transparency in rescue practices Knowledge sharing Develop brand/goodwill

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WORKING AS A COMMUNITY TO DEVELOP BEST PRACTICES

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PROBLEM

SOLUTION

Rescuer X makes arrangements for transporter Y to take Henry the Hound from the shelter to his arranged foster home on Monday. Transporter Y demands payment in full up front. Days pass, and Rescuer X gets a worried phone call from foster asking where Henry is. Neither Henry nor the transporter can be located.

What best practices should have been followed to avoid this situation?

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PROBLEM

SOLUTION

Rescuer X posts a NEEDS HOME NOW OR WILL BE KILLED plea on Facebook for Pete the Pit Bull, whom the shelter claims is aggressive. A new Facebook friend of Rescuer X responds and says she really wants a pit bull and that she lives in Kirksville, MO. At the same time, out-of-state Sanctuary Z says it will take Pete as it specializes in rehabilitating so-called hard-case animals.

What best practices should be followed in this situation?

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PROBLEM

SOLUTION

Rescuer X receives an urgent email about a dog named Guido who is said to have $200 in pledges. Rescuer X pulls Guido, but is unable to find a suitable foster or adoptive home. Rescuer X cannot keep Guido because he doesnt get along with his other dog. Also, none of the pledged money is ever sent. Guido ends up in boarding, where he has lived now for more than a month.

What best practices should be followed in this situation?

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PROBLEM

SOLUTION

Rescuer X is new to rescue and wants to help a special needs cat named Sally. Facebook Friend Z offers to help Rescuer X by setting up a chip-in to raise money. Friend Z sets up a chip-in to raise $4,000, even though the nature and extent of Sallys medical needs are not fully known. Rescuer X calls on her friends to donate, and the goal is met. However, Rescuer X never hears from Friend Z again.

What best practices should be followed in this situation?

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Other Rescue 2.0 Situations?

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What other concerns do you have about Rescue 2.0?

What best practices could be employed to address such situations?

When entrusting the lives of animals in others care, due diligence is a MUST!

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Home checks Veterinarian references Adoption or Foster Agreements that include strategic questions to help you assess the suitability of possible adopters/fosters Others?

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RESEARCHING NONPROFITS:

Google Better Business Bureau, http://www.bbb.org/ CA Registry of Charitable Trusts,

http://rct.doj.ca.gov/MyLicenseVerification/Search.aspx?facility=Y

Charity Navigator, http://www.charitynavigator.org/ Guidestar, http://www.guidestar.org/ IRS, http://www.irs.gov/app/pub-78/ 990 Finder, http://foundationcenter.org/findfunders/990finder/
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RESEARCHING INDIVIDUALS:

Google BoardReader, http://boardreader.com/ Social Mention, http://www.socialmention.com/ Whos Talkin, http://www.whostalkin.com/ For additional suggestions, see LexisNexis Zimmermans Research Guide on Finding People http://law.lexisnexis.com/infopro/zimmermans/disp. aspx?z=1484
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California Legislative Counsel. California code. Database at http://leginfo.ca.gov/calaw.html California Legislative Counsel. Know your legislators. Retrieved from http://leginfo.ca.gov/yourleg.html (tool to locate the contact info for your representative) City Council, City of Los Angeles. http://lacity.org/YourGovernment/CityCouncil/index.htm Common Knowledge. (2011). Nonprofit social network benchmark report. Retrieved from http://www.nonprofitsocialnetworksurvey.com Eisenberg, S. (2008). Section 1983 to the rescue. Retrieved from http://www.nokilladvocacycenter.org/pdf/Sec1983_000.pdf Los Angeles County Board of Supervisors. http://bos.co.la.ca.us/Main.htm Michigan State University College of Law. (2011). Breen-specific legislation in the United States. Available at http://www.animallaw.info/articles/aruslweiss2001.htm No Kill Advocacy Center. (2008). Stipulated order violation form. Retrieved from http://www.nokilladvocacycenter.org/pdf/StipulatedOrderViolation.pdf Pew Internet & American Life Project. (2011). The social side of the internet. Retrieved from http://pewinternet.org/Reports/2011/TheSocialSideoftheInternet.asp Steiner, V. (2011). Animal law research guide. http://libguides.law.ucla.edu/animallaw

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Thank you for your participation today and for all you do for the animals! E-mail: animallaw@law.ucla.edu

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