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Wednesday, November 27, 2024

Peanut the Squirrel's Owner Sues New York. Major Flaws in their Potential Lawsuit, by Mary Cummins of Animal Advocates

Photo: Wikipedia, Peanut (squirrel)

Mark Longo and Daniela Bittner filed their notice of intention to make a claim against the New York State Department of Conservation for the death of Peanut the squirrel and Fred the raccoon. You must file a notice within six months of filing a lawsuit to give state a chance to solve issue. They allege unlawful search and seizure, violation of freedom of speech, and other due process violations.

Longo and Bittner stated the incident was the result of alleged "negligence, carelessness, and recklessness" by the state of NY and its agents. They stated they may have violated due process laws by not revealing to a judge their intention to kill the animals after raiding Longo and Bittner's home.

Another alleged issue is that Longo and Bittner stated Peanut and Fred were "companion animals" under the law and not wild animals. This claim was allegedly never discussed in court before the raid, which was another oversight, in their opinion.

"Peanut and Fred were not euthanized, according to the notice, because they weren't sick. Mark and Daniela say the two animals were "executed." That said, Longo and Daniela say they were acting in good faith by trying to get Wildlife Rehabilitators licenses and other permits before the raid occurred.

They will sue for emotional distress, pain and suffering, violations of their constitutional rights and lost wages since Peanut's online presence supplemented their income."

Longo and Daniela's attorney needs to look at relevant Fish & Wildlife laws. They have major flaws in their notice of intent to file a lawsuit. While I agree that the Department handled the situation poorly at least from a public relations standpoint Longo and Daniela knew they never had the legal right to possess wildlife. They were very irresponsible to be widely publicly exhibiting wildlife to the public online especially in a pet-like manner. I warned them as did others. FYI I never reported them. NY rehabbers reported them.

Turns out they were reported over a year ago by NY licensed wildlife rehabilitators. The Department of Conservation contacted them January 2024 and told them to transfer the animals to a licensed facility. Allegedly Longo stated he released them which was a lie.  Longo admitted he knew he needed a permit but didn't have one. He stated he was in the process of getting an "educational permit." Longo and Daniela knew the laws yet continued to violate them which endangered Peanut and Fred who were killed as a result of the actions of Longo and Daniela.

Wildlife is under the jurisdiction of the state Department of Fish & Wildlife. Wildlife is owned collectively by the state. People cannot legally own wildlife. They can never be pets or companion animals. Longo and Daniela did not have permits to possess wildlife. You must have the permits before you possess wildlife. 

Ill, injured and orphaned wildlife must be turned over to licensed permitted wildlife rehabilitators within 48 hours. Wildlife must be possessed according to the law in specific types, sizes of enclosures. How to get a NY wildlife rehabilitation permit. It's not legal to possess wildlife as "pets" or "companion animals." You cannot display animals to the public with the rehabilitation permit. They never would have been allowed to show the animals in a pet like manner because it encourages illegal and improper behavior. 

It is legal in some states to have an exhibit or sanctuary permit for wildlife. You generally need at least two years experience with a permitted person or facility. NY may not allow it though most states do. You need two years experience to rehab Rabies Vector Species animals such as raccoons in New York. You must be approved before you obtain the wild animal. Wildlife that cannot be released back to nature can legally be euthanized. This is not a pet which can only be euthanized due to medical or behavioral condition. Squirrels and raccoons can be dangerous in captivity. I've rehabbed them for over 20 years and know this personally. I've written articles about ex pet squirrels and raccoons. I no longer take them in to try to wild them up for release to the wild. It's too difficult, time consuming and stressful for the animals and me. 

They never had an exhibit permit so they can't sue for lost earnings. They legally were not allowed to make money off or exhibit the animals even just on internet video. All their pain and suffering was the result of their own actions. If they really cared about the animals, they would have gotten them to safety. They could have then gotten proper permits and maybe taken the animals back. I even warned them about these issues and was attacked just for telling them that this would happen. I'm amazed someone didn't report them sooner. I really hoped this couple would do the right thing after people had warned them.

Below is a press release about the situation from PBA of NYS. Longo was given ten months warning before any action was taken. He lied to state agents about the squirrel. The health department ordered the animals killed about the squirrel bit someone when Longo refused to put the squirrel in a carrier. 


I do believe that the situation was handled poorly. The state should have taken the animals to a wildlife rehabilitation facility until things were handled in a better manner. California learned not to instantly kill stray mountain lions and bears. They relocate even thought it's against their own regulations. When they used to euth they got too much hate mail and threats.

References:

STATE COMPILATION OF CODES, RULES AND REGULATIONS OF THE STATE OF NEW YORK
TITLE 6. DEPARTMENT OF ENVIRONMENTAL CONSERVATION
CHAPTER I. FISH AND WILDLIFE
SUBCHAPTER J. MISCELLANEOUS REGULATIONS
PART 184. WILDLIFE REHABILITATORS


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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