Mary Cummins Animal Advocates Los Angeles California Wildlife Rehabilitation Real Estate

Friday, September 30, 2016

California Department of Fish & Wildlife new bat listings, conservation

Townsend's big-eared bat (Corynorhinus townsendii) photo credit: Ann Froschauer/USFWS

Previously the Cal Dept of Fish & Game (now called Fish & Wildlife) was going to list the Townsend's bat as threatened.

https://www.biologicaldiversity.org/news/press_releases/2013/townsends-big-eared-bat-06-27-2013.html

Per the current commission agenda they will not be listing it as threatened or endangered.

http://www.fgc.ca.gov/meetings/2016/Oct/10192016agd.pdf

21. Ratify findings on the decision to not list Townsend’s big-eared bat (Corynorhinus
townsendii) as a threatened or endangered species
(Pursuant to Section 2075.5, Fish and Game Code)

They will be giving an update on California bat conservation.

30. Informational presentations on bat conservation
(A) Scott Osborn, Department of Fish and Wildlife, concerning the California
Bat Conservation Plan
(B) Dr. Dave Johnston, H.T. H

Mary Cummins of Animal Advocates is a wildlife rehabilitator licensed by the California Department of Fish and Game and the USDA. Mary Cummins is also a licensed real estate appraiser in Los Angeles, California.


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Sunday, July 24, 2016

Coyotes, foxes, bobcats with mange, missing fur, mites in California - How to treat, care, diagnose - Mary Cummins Animal Advocates

Coyotes, foxes, bobcats with mange in California

Fox, coyote, bobcat, mange, mites, ivermectin, treatment, mary cummins, animal advocates

Here in Southern California Animal Advocates gets a few calls a day about foxes, coyotes and bobcats with mange. They will be missing fur and scratching themselves. We even get calls about raccoons, skunks, opossums and squirrels with mange 

There are two types of mange i.e., demodectic and sarcoptic. Demodectic mange is caused by a compromised immune system from eating poisoned animals. The demodex sp mite is always present in the animal. The mites get out of control if the immune system is compromised from eating animals that have eaten anti-coagulant rodenticide used to kill mice, rats, gophers and ground squirrels. This also causes sores and injuries to not heal like this coyote below.


The treatment for demodectic mange is supportive care and Ivermectin. Extreme cases may need dips, baths and antibiotics. Generally wildlife with demodectic mange are still ambulatory and can't be caught easily. The mange should resolve over time if they stop eating poisoned animals. We generally can't catch them for treatment unless they have an injury and are down. The best way a member of the public can help animals with demodectic mange is to not poison mice, rats, gophers or ground squirrels. Even if we could trap them, treat them they will get mites again if they continue to eat the poisoned animals.

The other type of mange is sarcoptic. The skin is infected with the microscopic parasitic mite sarcoptes scabei. It causes extreme itchiness, redness, skin scales and infection. It is contagious. This type of mange is treated with baths, dips, drugs and supportive care. 
Sarcoptic mange, Mary Cummins, Animal Advocates, dog, coyote, fox, bobcat, wildlife, mites, ivermectin
coyote, bobcat, fox, dog mange mites sarcoptic demodectic treatment ivermectin drug medication



We get a lot of calls for bald, emaciated coyotes. Adult coyotes weigh 30-35 pounds. They naturally appear thin because they have long legs. When they lose their fur they look even thinner. If you can see ribs, spine, they are too thin. Native grey foxes weigh eight to 15 lbs. Non-native red foxes weigh five to 30 lbs. 

If the animal with mange is ambulatory, they will be almost impossible to catch to treat. We can't get them in Hav-a-Hart box traps. Only humane snares work but now all snares are illegal in Los Angeles. While we can rodeo lasso, know how to use nets, but coyotes are too fast and quick. 

Again, the best thing someone can do is not poison animals. Cities and counties still poison animals especially in areas such as Griffith Park. Griffith Park is regulated by the park system. The only thing one can do in this situation is to petition to stop the poisoning in the park. 

We are not a veterinarian. This is just FYI. Contact your vet for veterinary advice. 

Ivermectin comes in oral, topical and injectable. The easiest way to treat wildlife with mange in the wild is with Ivermectin oral. Ivermectin is prescription medicine for dogs. One can legally use horse ivermectin off label for dogs, wildlife. It is over the counter for farm animals such as horses, cows, swine. You can find a tube of Ivermectin paste 1.87% at the Red Barn or any farm or feed store, Drs Fosters & Smith for $2-10. This is a paste form for a horse up to 1,250 lbs. Read the package. Every brand is different. 


http://redbarn1.com/catalog/product/91211/iverchoice-ivermectin-paste-1.87-equine-wormer#.V5UoDPkrLIU

http://www.drsfostersmith.com/product/prod_display.cfm?pcatid=16121&cmpid=06cseYY&gclid=CKK_-aX9jM4CFU9gfgodxHsJ2g

Now for dosage. We give dog dosage for coyote, fox, dogs. Certain breeds of dogs such as Collies, Collie mixes, are hypersensitive. Do not give this to sensitive breeds. Pitbullls, labradors, german shepherds are fine with this medication. Those are generally the dogs we find feral roaming the streets as strays. This is only for animals you can't catch and get to the vet. 

"Dosage using Ivermectin Paste 1.87% for treatment of demodectic mange in dogs:

30-40 lbs 1 weight marking CUT IN HALF
84 pounds and above: 1 weight marking
Calculations: Dosage is 300 to 600 mcg/kg of body weight. Each tube of ivermectin 1.87% contains 113.7 mg (113,700 mcg) of ivermectin; each weight marking on the syringe delivers 22,740 mcg ivermectin, enough to treat dogs weighing 38 to 76 kg (84 to 176 pounds)." The dosage to treat mange with Ivermectin is higher than the dosage to treat heartworms and other parasites. 

You don't want to give too much. It will make the animal sluggish for a couple of days. If you give way too much, i.e. 4x normal dose, you could make them very ill. 

We measure with oral syringes. The medication is very bitter. They fortunately now sell an apple flavored version. Still, we put it inside a cooked meatball mixed with bacon. Coyotes, foxes are very attracted to the smell. This will guarantee that they eat it instantly. We inject the paste into the middle of the meatball after the meatball is cooked and cooled to room temperature. Generally people toss this to the specific afflicted coyote, animal they are treating. We never support feeding wildlife. Medicating wildlife is a different situation. If you are treating wildlife with this medication, always confer with a local wildlife rehabilitator or your veterinarian.

Thanks for caring about wildlife!

Animal Advocates

Mary Cummins of Animal Advocates is a wildlife rehabilitator licensed by the California Department of Fish and Game and the USDA. Mary Cummins is also a licensed real estate appraiser in Los Angeles, California.


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Tuesday, July 19, 2016

Ed Boks, Edward Boks "resigned" FIRED from Yavapai Humane effective immediately

UPDATE: Word is Edward Boks, Ed Boks' exit from Yavapai was rather contentious. Yavapai was smarter than Los Angeles. In LA Ed Boks negotiated two months salary if he left the building immediately. LA forgot to change the door locks and website, blog passwords. Ed Boks on his last day put up a fake LA City press release. Ed Boks also refused to turn over the Dept blog. I made this blog for the city. http://laanimalservices.blogspot.com  Ed Boks deleted all of the many blog posts and hard work by employees. He kept the traffic by using it to refer to his new blog i.e. "LA's top dog." http://latopdog.blogspot.com/ Definitely not "LA's top dog." He doesn't even live in LA.

Lest anyone forget the City Council of Los Angeles made a motion for a vote of no confidence in Ed Boks before he was fired. Link to the city motion in city website.

http://clkrep.lacity.org/onlinedocs/2009/09-0697_mot_3-31-09.pdf

This motion was made by Councilmember RICHARD ALARCON and Seconded by Councilmembers TONY CARDENAS, BERNARD PARKS, GREIG SMITH, DENNIS ZINE. All councilmembers were for the motion.

Here is a link to a YouTube video where Ed Boks is called out by a Santa Monica City Councilmember about that vote of no confidence. Boks' reply is ridiculous.

https://youtu.be/Np0DUXLHC_A?t=5m56s

Image of the motion.

Ed Boks, Edward Boks vote of no confidence by entire Los Angeles City Council
Anyone who hires Ed Boks for anything related to animals ought to have their head examined. I can't think of a worse person in relation to animals. He doesn't even like animals.

July 23, 2016: More news about Ed Boks' departure from Yavapai Humane. Turns out things ended very, very ugly when Boks was leaving. There may be litigation. He told people he had no job lined up and has nowhere to go. In the meantime Ed Boks did the same thing he did when he was fired from Maricopa, New York and Los Angeles. He doesn't remove his title from his Facebook page. Oddly enough Yavapai instantly removed his name. If you go to this link, it says "page not found."

http://www.yavapaihumane.org/team/executive-director-ed-boks/

Being fired from his last few jobs doesn't bother Ed Boks at all. He did the same thing he did when he was booted out of LA Animal Services. He started offering his wonderful consulting services.

Ed Boks begging for work
I think I can help Ed Boks out with some "examples of what I can do." Scroll below and you can see the many lawsuits caused by Ed Boks. Every shelter was sued because of Ed Boks' actions. The shelters LOST the lawsuits. When the city wanted to settle with me I told them I didn't want the money from them. I wanted it only from Ed Boks as the suit was caused by his behavior. They got back to me that he had no money. If I was to get any settlement, the city would have to pay the entire amount and they did.
__________________

I think I may have found out why he was fired, resigned. He got a DUI while working for Yavapai. He just got another traffic ticket for speeding. Knowing Boks he was probably in the city car both times. He got in an accident with the city car here in LA, was sued and lost. Here is info on the very recent Arizona case. Boks may have been on probation for the DUI. Maybe this was a probation violation? Just read it more carefully. Ed Boks will be arraigned tomorrow 07/20/2016. Maybe he will be sentenced to jail tomorrow?

I just read his old DUI a little better. He was over .08 at .13, may have also been on drugs. He was driving on the wrong side of the road. That is super drunk. They sent him to jail for that. The Judge warned Boks about being a repeat offender. Judge said the charges will be harsher next time. His probation was 11 months. I think it's been over 11 months so maybe not probation violation but repeat offender. Here is link to last case.

http://71.216.160.127/csp/pcc/csp4.csp?BOKS,EDWARD_ALBERT&DKT=2013090073C&REP=3140&TOT=1

Edward Boks, Ed Boks criminal record, DUI, DWI, traffic accident, fired, resigned, Yavapai Humane
Here is the current case. I searched here. His birthdate is August 1951. Search Edward Boks. It says "Cal: Arraignment." I take that to read calendar arraignment.

https://apps.supremecourt.az.gov/publicaccess/caselookup.aspx

Case Number:M-1347-TR-20161494
Title:ST OF AZ VS BOKS EDWARD ALBERCategory:Traffic
Court:Prescott Valley MunicipalFiling Date:6/21/2016
Judge:NoneDisposition Date:7/8/2016
EDWARD ALBERT BOKS    DEFENDANT  -  D 1Date of Birth: 08/1951
CitationCountDescriptionDisp. DateDisposition
C0000000016021471LESS THAN 65 IN 55 / WASTE OF FINITE RESOURCES7/8/2016BAIL/DEPOSIT GIVEN/FORFEITED
Case Activity
DateDescriptionParty
7/20/2016CAL: ARRAIGNMENT
7/12/2016READY FOR PURGE
7/8/2016FUND:PROBATION ASSESSMENTD 1
7/8/2016FUND: 2011 ADDTNL ASSESSMENTD 1
7/8/2016FUND: VICTIM RIGHTS ENF ASSMNTD 1
7/8/2016FUND: BASE FINED 1
7/8/2016GLTY/RSPN. FINE PD. CODE 12D 1
7/8/2016FUND: COURT ENH FEE 83%D 1
7/8/2016FUND: 2012 SURCHARGES (83%)D 1
6/27/2016COMPLAINT FILED-UNIFORM CITATND 1

Here is/was Ed Boks' mugshot. It is his booking photo.

Edward Boks, Ed Boks mugshot


Ed Boks, Edward Boks resigned or was most likely fired from Yavapai Humane effective immediately. Ed Boks resigned/was fired from Maricopa Animal Control in 2003. Ed Boks resigned/was fired from New York Animal Control 2005. Ed Boks resigned/was fired from Los Angeles Animal Services in 2009.

http://www.dcourier.com/news/2016/jul/19/ed-boks-resigns-executive-director-humane-society/

Here is his goodbye column. Every time he leaves a shelter he writes the same ridiculous article.

http://www.dcourier.com/news/2016/jul/20/carrying-legacy/

I'm posting this so another animal shelter doesn't make the mistake of hiring him. Ed Boks here negotiates his resignations so he can get a job somewhere else. He was so hated at Yavapai Humane that they were willing to state he resigned instead of firing him just to get rid of him. He did the same at Los Angeles, New York and Maricopa. Ed Boks threatened to sue the city if they fired him even though they had cause.

Yavapai Humane did not bother to check out Ed Boks' history before they made the big mistake of hiring him. Ed Boks told them HE raised the $150,000,000 to build the new animal shelters in LA. The Prop F fund raised the 150 million. Ed Boks had nothing to do with the new shelters which were planned over ten years before he arrived in Los Angeles. Ed Boks was hired a few weeks before one opened yet he took credit for it.

When the city settled with me Ed Boks had the audacity to forge a city press release. I was told it was on the city site for less than half an hour. The city took it down. Ed Boks posted it his last day on the job. His last two months on the job were at home. He illegally accessed the city computers to post the fake press release. The blog entry is below.

Below are a few articles written about the many troubles of Ed Boks.

2009 Sued for racial discrimination. Judge found Ed Boks did racially discriminate against a black employee.
http://cleveland.indymedia.org/news/2009/04/37536.php

Mary Cummins sues Ed Boks. Yes, this is my lawsuit against him. What Ed Boks actually did was much worse.
http://marycumminsrealestatemarycummins.blogspot.com/2014/06/mary-cummins-cobb-vs-city-of-los.html

2009 Mayor Antonio Villaraigosa fires Ed Boks. Ed Boks begs to resign.
http://cleveland.indymedia.org/news/2009/04/37571.php

Ed Boks another DUI
http://animaladvocatesmarycummins.blogspot.com/2015/06/ed-boks-edward-boks-edward-albert-boks.html

Ed Boks fails in Los Angeles
http://la.indymedia.org/news/2007/03/194547.html

More of Ed Boks' failures
http://la.indymedia.org/news/2007/08/205730.html

Ed Boks Wikipedia page removed
http://animaladvocatesmarycummins.blogspot.com/2014/11/ed-boks-edward-boks-edward-albert-boks.html

Ed Boks' false shelter statistics
https://www.indybay.org/newsitems/2008/01/23/18474388.php

Ed Boks' failure in Los Angeles
https://www.indybay.org/newsitems/2008/04/21/18494347.php?show_comments=1

Ed Boks about to be fired in Los Angeles
https://www.indybay.org/newsitems/2008/10/06/18543174.php?show_comments=1

Mayor accepted bribe in exchange for hiring Ed Boks
https://www.indybay.org/newsitems/2009/11/29/18630796.php

Petition people at Yavapai made to get Ed Boks fired
https://www.change.org/p/yavapai-county-board-of-supervisors-remove-ed-boks-as-director-of-yavapai-humane-society

Ed Boks was sued for unlawful termination. I was told the city spent $285,000 in legal fees fighting the case. Ed Boks and Yavapai Humane's attorney partially settled the case for money. The complaint is linked in there. Wherever Ed Boks has worked he manages to get sued.

http://www.acluaz.org/issues/free-speech/2011-12/1556

Ed Boks, Edward Boks faked an official LA City press release. He tried to get a job as shelter director in Bellingham, Washington after he was fired from Los Angeles. One of them was wise enough to Google his name and saw my lawsuit against him which I won. They asked him to explain. He then said my lawsuit was "frivolous." He then gave them this fake, forged, fraudulent press release dated the last day he was on the job. See the image below. They of course gave the press release to me.

Ed Boks, Edward Boks fakes an official LA City press release - fraud, forgery
The official press release which was released that day is on the left. See the LA Animal Services logo and the seal of the City of Los Angeles? See the phone number, address, weblink? Notice the one of the right is missing all of that. Also note the phone number is Ed Boks cell phone number. He wants you to verify his fake press release with him. His fake press release is 100% totally false! I went over every sentence and statement proving it was totally false in writing to the shelter. They did not hire Ed Boks. If Ed Boks and his wife Adele Langdon were not totally broke, I would have sued them. Alas they are penniless.

Ed Boks' stories get even more grandiose! He applied for a job with Yavapai Humane. He told them that HE got the $150,000,000 bond for new animal shelters in LA. I was on the Prop F Committee. He had NOTHING to do with this.

He said he designed, constructed, raised the $150,000,000 himself and opened them in 2006. The bond was promoted by Don Knapp the GM from over ten years earlier. He and many others including the fire department got it approved. Since then Jerry Greenwalt, Guerdon Stuckey worked on approving the plans and constructing the shelters. Ed Boks just happened to be on the job two weeks before the first shelter opened.

Ed Boks told Yavapai that he raised $150,000,000 for LA. He said if they hired him, he could raise millions for them. If he could, it would cover his salary. Makes sense? No, he of course lied. The board believed him and hired him even though others warned them.

Since then Ed Boks has done a shit job of again juggling animals, numbers, getting sued and losing. Now he has defamed me (thank god as the GM of Yavapai Humane) and they will have to pay again. They just lost a lawsuit against him recently."
Below is a cease and desist I had to send again to Yavapai Humane. Ed Boks posted the identical thing in his Facebook page. After I sent the first cease they forced Ed Boks to remove it. Then he just posted it again. Ed Boks faked an LA City press release. How pathological can one get?
From: Mary Cummins <mm*****@aol.com>
Date: May 11, 2014 1:55:30 PM PDT
Subject: Second Cease and Desist Ed Boks Yavapai Humane Society

Ed Boks posting as the GM of Yavapai Humane has again defamed and libeled me. He posted his forged and faked City press release again. Below is an image capture of the post he made yesterday.


You will see that it the same fake, forged City press release he previously made. He forged a City document.  The City told me in writing they did not write that. They did not post that. That is not their letterhead or phone number. They had already FIRED Boks. He wrote this forged release the last day he was on the job before they booted him out the door. The below link proves this.

In fact Boks threatened to sue the City if they did not state "Boks is done with his work here. Thanks." He hired his own lawyer in those proceedings. Boks wanted me to sign a gag order but I refused. 

Ed Boks is posting even worse items about me on Facebook calling me a criminal who commits animal cruelty. What he posted is completely untrue.

Farther below is this older email I sent to you which discusses my case. I sued for sexual harassment. As soon as the City saw all of his drunk, revolting, inappropriate emails and his written admissions of guilt, they offered to settle and they did. I got $130,000. 

Please, force your GM to remove his libelous post. He is posting as the GM of Yavapai. If not, I will have to file a complaint. All of my Facebook friends emailed me what he posted. Thanks.

Mary Cummins
Animal Advocates"
I found a copy of my first cease and desist. He really makes up some huge lies. Ed Boks currently is friends with and supports people who commit animal cruelty.

 http://www.animaladvocates.us/Second%20Cease%20and%20Desist%20Ed%20Boks%20Yavapai%20Humane%20Society.pdf

Here are some of Edward Boks' lawsuits just in Los Angeles County. It appears Ed Boks and the city of LA were sued for a car accident caused by Ed Boks. Looks like they lost. The restraining order was from Cherylynn Costner an animal rescuer against Ed Boks.

BOKS EDWARD A.(GENERAL MGR. OF ANIMALWrit - Administrative Mandamus (Unlimited)03/12/2009Governor George Deukmejian Courthouse
BOKS EDWARD A.Writ - Administrative Mandamus (Unlimited)04/18/2008Stanley Mosk Courthouse3
BOKS EDWARD ALBERTAUTO (Limited)01/29/2008Stanley Mosk Courthouse
BOKS EDWARDWrongful Termination (Unlimited)07/20/2007Stanley Mosk Courthouse42
BOKS EDWARDWrit - Administrative Mandamus (Unlimited)11/20/2006Santa Monica Courthouse
BOKS EDWARDInjunct Relief-not Dom/Harrassmt (Unlimited)11/25/2008Stanley Mosk Courthouse19
BOKS EDWARDWrit - Administrative Mandamus (Unlimited)12/23/2008Stanley Mosk Courthouse14
BOKS EDWARDCivil Harassment (Unlimited)11/25/2008Stanley Mosk Courthouse
   


Here is the auto accident case. Ed Boks used to get drunk and drive the city car drunk. This was also right before he was fired.

Case Number:  08K02099
MORALES, HECTOR VS BOKS, EDWARD ALBERT

Court:   Stanley Mosk Courthouse
Filing Date:  01/29/2008
Case Type:  AUTO (Limited Jurisdiction)
Status:  Disposed

Future Hearings

None
History Information


Parties
Plaintiff:  MORALES HECTOR
Attorney:   LAW OFFICES OF JOHN C YE & ASSOC

Defendant:  BOKS EDWARD ALBERT
Attorney:   ROCKARD J DELGADILLO CITY ATTORNEY

Defendant:  CITY OF LOS ANGELES
Attorney:   ROCKARD J DELGADILLO CITY ATTORNEY

More lawsuits in Arizona

J-0303-TR-20000029EDWARD ALBERT BOKSDEFENDANT08/1951SCOTTSDALE, AZ 85257Fredonia Justice
M-1347-TR-20161494EDWARD ALBERT BOKSDEFENDANT08/1951PRESCOTT, AZ 86301Prescott Valley Municipal
Ed Boks DUI in Arizona

http://animaladvocatesmarycummins.blogspot.com/2015/06/ed-boks-edward-boks-edward-albert-boks.html

Mary Cummins of Animal Advocates is a wildlife rehabilitator licensed by the California Department of Fish and Game and the USDA. Mary Cummins is also a licensed real estate appraiser in Los Angeles, California.


Google+ Mary Cummins, Mary K. Cummins, Mary Katherine Cummins, Mary Cummins-Cobb, Mary, Cummins, Cobb, wildlife, wild, animal, rescue, wildlife rehabilitation, wildlife rehabilitator, fish, game, los angeles, california, united states, squirrel, raccoon, fox, skunk, opossum, coyote, bobcat, manual, instructor, speaker, humane, nuisance, control, pest, trap, exclude, deter, green, non-profit, nonprofit, non, profit, ill, injured, orphaned, exhibit, exhibitor, usda, united states department of agriculture, hsus, humane society, peta, ndart, humane academy, humane officer, animal legal defense fund, animal cruelty, investigation, peace officer, animal, cruelty, abuse, neglect #marycummins #animaladvocates #losangeles #california #wildlife #wildliferehabilitation #wildliferehabilitator #realestate #realestateappraiser #realestateappraisal #lawsuit

Saturday, June 25, 2016

Los Angeles will not trap, kill coyotes, suggests humane and more effective alternatives - Animal Advocates

Animal Advocates, coyote, canis latrans, Los Angeles, California, Mary Cummins
"Despite sometimes alarming reports of a growing coyote presence in pockets of the metropolis, Los Angeles animal services on Friday proposed little change in its approach to urban coyote management.
The revised coyote plan was requested by Los Angeles Councilman Joe Buscaino, whose district has been hard hit with coyote reports this year.
The 20-page document, which was posted online Friday by the city’s Department of Animal Services, calls for more community education along with more city wildlife staff and warning signs and covered trash cans to be placed in affected city parks — but no trapping or removal of coyotes.
It will be discussed at 9 a.m. Wednesday at a special meeting of the Personnel and Animal Welfare Committee in downtown Los Angeles."


RESISTS TRAPPING TREND

Our website shows you how to exclude and deter coyotes

Click to continue article

Mary Cummins of Animal Advocates is a wildlife rehabilitator licensed by the California Department of Fish and Game and the USDA. Mary Cummins is also a licensed real estate appraiser in Los Angeles, California.


Google+ Mary Cummins, Mary K. Cummins, Mary Katherine Cummins, Mary Cummins-Cobb, Mary, Cummins, Cobb, wildlife, wild, animal, rescue, wildlife rehabilitation, wildlife rehabilitator, fish, game, los angeles, california, united states, squirrel, raccoon, fox, skunk, opossum, coyote, bobcat, manual, instructor, speaker, humane, nuisance, control, pest, trap, exclude, deter, green, non-profit, nonprofit, non, profit, ill, injured, orphaned, exhibit, exhibitor, usda, united states department of agriculture, hsus, humane society, peta, ndart, humane academy, humane officer, animal legal defense fund, animal cruelty, investigation, peace officer, animal, cruelty, abuse, neglect #marycummins #animaladvocates #losangeles #california #wildlife #wildliferehabilitation #wildliferehabilitator #realestate #realestateappraiser #realestateappraisal #lawsuit

Monday, May 9, 2016

Marcy Winograd wins appeal in freedom of speech case in Santa Monica, California - Animal Advocates

Marcy Winograd wins appeal in Freedom of Speech lawsuit, Tawni Angel, Tawnis Ponies and Petting Zoo, pony rides, animal cruelty, los angeles, california, b261707, sc123378, Donald Chomiak, Jason Nestor,  
UPDATE: Tawni Angel filed petition to rehear and was denied May 19, 2016. Marcy Winograd filed motion to publish the opinion.

Santa Monica animal activist Marcy Winograd just won her appeal in an animal cruelty freedom of speech case. Marcy Winograd had filed reports against Tawni Angel and her company Tawnis Ponies and Petting Zoo. Winograd stated that Tawni Angel's ponies were not receiving proper care. Winograd started a campaign asking the city to not renew Tawni Angel's lease at the Santa Monica Farmers Market. The City of Santa Monica did indeed end the lease and the pony rides.

Marcy Winograd should have easily won this case after filing an anti-SLAPP motion in Santa Monica court. Judge Lisa Hart-Cole dismissed the other defendant from the case and other causes of action yet allowed two causes to remain i.e., libel per se and intentional interference with prospective economic advantage. 

In review Justice Sanjay Kumar who wrote the opinion stated that Winograd's statements were protected by legislative privilege. Winograd made these statements while petitioning the city to end the pony rides on city property. The statements were therefore not defamatory. 

This case once again shows that you cannot silence freedom of speech with defamation lawsuits. People are allowed to report others to authorities. People are allowed to petition against businesses they feel are cruel to animals. Let this case be a lesson to others who are thinking of suing someone for defamation for merely exercising their freedom of speech. 

Animal Advocates has written previous articles about this case and the pony rides. 

Animal Advocates supports petition to end the pony rides


More information about Tawnis Pony Rides


Marcy Winograd files appeal in anti-SLAPP case


IN THE COURT OF APPEAL OF THE STATE OF CALIFORNIA

SECOND APPELLATE DISTRICT

DIVISION FIVE


TAWNI J. ANGEL et al.,

            Plaintiffs and Respondents,

            v.

MARCY WINOGRAD,

            Defendant and Appellant.

      B261707

      (Los Angeles County
      Super. Ct. No. SC123378)


            APPEAL from an order of the Superior Court of Los Angeles County, Lisa Hart-Cole,Judge.  Reversed.
            Horvitz& Levy, Jeremy B. Rosen, and Felix Shafir, for Defendant and Appellant.
            TalismanLaw, and Donald E. Chomiak, for Plaintiffs and Appellants.

            Plaintiffs and respondents Tawni Angel, Jason Nestor, and Tawnis Ponies and Petting Farm, Inc. operated a pony ride and petty zoo at the Main Street Farmers’ Market in Santa Monica.  Defendant and appellant Marcy Winograd opposed “animal attractions” and initiated a campaign to cause the City of Santa Monica to end plaintiffs’ participation at the farmers’ market.  The campaign accused plaintiffs of animal cruelty in violation of the Penal Code and included protests at the farmers’ market, emails to City of Santa Monica officials, and articles posted on local media websites.  The City of Santa Monica investigated defendant’s claims and found no evidence of animal cruelty.  Defendant nevertheless continued her campaign.  The Santa Monica City Council ultimately voted to explore activities to replace the pony ride and petting zoo at the expiration of the city’s contract with Tawnis Ponies andPetting Farm, Inc.
            Claiming defendant’s statements about animal cruelty and other statements defendant made about them were false, plaintiffs brought an action against defendant asserting causes of action for libel per se, intentional interference with prospective economic advantage, intentional infliction of emotional distress, and injunctive relief.  Defendant moved to strike plaintiffs’ complaint under the anti-SLAPP (Strategic Lawsuits Against Public Participation) statute—Codeof Civil Procedure section 425.16.  The trial court granted the motion as to the intentional infliction of emotional distress and injunctive relief causes of action and denied it as to the libel per se and intentional interference with prospective economic advantage causes of action.  Defendant appeals.  Because defendant’s statements were privileged under the legislative privilege in Civil Code section 47,subdivision (b) (section 47(b)), we reverse the order denying defendant’s motion to strike the libel per se and intentional interference with prospective economic advantage causes of action.

Link to released opinion in pdf.

http://www.courts.ca.gov/opinions/nonpub/B261707.PDF

Link to appeal summary

http://appellatecases.courtinfo.ca.gov/search/case/disposition.cfm?dist=2&doc_id=2099378&doc_no=B261707

Below is one of the amicus briefs by Reporters Committee for Freedom of the Press

http://spj.org/pdf/news/winograd-amicus-brief.pdf

Animal Legal Defense Fund also wrote an amicus brief.
https://www.laprogressive.com/wp-content/uploads/2015/12/ALDF-Brief-Filed-Dec.-21-2015.pdf

Marcy Winograd's "Free The Pony" website.

http://www.freethepony.org/

Mary Cummins of Animal Advocates is a wildlife rehabilitator licensed by the California Department of Fish and Game and the USDA. Mary Cummins is also a licensed real estate appraiser in Los Angeles, California.


Google+ Mary Cummins, Mary K. Cummins, Mary Katherine Cummins, Mary Cummins-Cobb, Mary, Cummins, Cobb, wildlife, wild, animal, rescue, wildlife rehabilitation, wildlife rehabilitator, fish, game, los angeles, california, united states, squirrel, raccoon, fox, skunk, opossum, coyote, bobcat, manual, instructor, speaker, humane, nuisance, control, pest, trap, exclude, deter, green, non-profit, nonprofit, non, profit, ill, injured, orphaned, exhibit, exhibitor, usda, united states department of agriculture, hsus, humane society, peta, ndart, humane academy, humane officer, animal legal defense fund, animal cruelty, investigation, peace officer, animal, cruelty, abuse, neglect #marycummins #animaladvocates #losangeles #california #wildlife #wildliferehabilitation #wildliferehabilitator #realestate #realestateappraiser #realestateappraisal #lawsuit