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. 

https://www.pbanys.org/pba/news-detail/press-release-state-environmental-conservation-officers-union-calls-for-calm-in-wake-of-wildlife-seizure/

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

https://www.tmz.com/2024/11/27/peanut-the-squirrel-owner-notice-intends-sue-new-york/

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

UPDATE: 11/10/2022 Ed Boks was somehow hired at Bayou Animal Services in 3100 Deats Rd, Dickinson, Texas. He's been there since May 2022. Did they not Google this person? He was fired from last three jobs. He's been sued multiple times and lost or was forced to settle. He lost the lawsuit I filed against him as the city settled on his behalf. On his last day on the job Ed Boks wrote and posted a fake city press release. City ripped it down the second they saw it then changed the codes. Had I seen it I would have sued him instantly for defamation. He was physically locked out of Yavapai premises. He was sued for racial discrimination in New York and lost. He was sued for sexual harassment and lost/was forced to settle. 

Ed Boks lied about improving New York, Arizona and Los Angeles. He lied about raising funds for the Los Angeles animal shelters. That money was raised ten years before he got here. He continues to defame and harass me yet Bayou Animal Services hired him. They clearly did not do their due diligence and will probably be sued when his mistakes, sexual harassment, defamation become public again. 

https://www.facebook.com/bayouanimalservices

https://www.bayouanimalservices.org/ 
@bayouanimalservicestexas 

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 ALBER Category: Traffic Court: Prescott Valley Municipal Filing Date: 6/21/2016 Judge: None Disposition Date: 7/8/2016

EDWARD ALBERT BOKS    DEFENDANT  -  D 1 Date of Birth: 08/1951 Citation Count Description Disp. Date Disposition C000000001602147 1 LESS THAN 65 IN 55 / WASTE OF FINITE RESOURCES 7/8/2016 BAIL/DEPOSIT GIVEN/FORFEITED

Case Activity

Date	Description	Party
7/20/2016	CAL: ARRAIGNMENT
7/12/2016	READY FOR PURGE
7/8/2016	FUND:PROBATION ASSESSMENT	D 1
7/8/2016	FUND: 2011 ADDTNL ASSESSMENT	D 1
7/8/2016	FUND: VICTIM RIGHTS ENF ASSMNT	D 1
7/8/2016	FUND: BASE FINE	D 1
7/8/2016	GLTY/RSPN. FINE PD. CODE 12	D 1
7/8/2016	FUND: COURT ENH FEE 83%	D 1
7/8/2016	FUND: 2012 SURCHARGES (83%)	D 1
6/27/2016	COMPLAINT FILED-UNIFORM CITATN	D 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

To: rmurray@yavapaihumane.org, ldarling@yavapaihumane.org, donate@yavapaihumane.org,vmcbrady@yavapaihumane.org, mstucker@yavapaihumane.org, jcoleman@yavapaihumane.org,volunteer@yavapaihumane.org, jobs@yavapaihumane.org

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 ANIMAL Writ - Administrative Mandamus (Unlimited) 03/12/2009 Governor George Deukmejian Courthouse BOKS EDWARD A. Writ - Administrative Mandamus (Unlimited) 04/18/2008 Stanley Mosk Courthouse 3 BOKS EDWARD ALBERT AUTO (Limited) 01/29/2008 Stanley Mosk Courthouse BOKS EDWARD Wrongful Termination (Unlimited) 07/20/2007 Stanley Mosk Courthouse 42 BOKS EDWARD Writ - Administrative Mandamus (Unlimited) 11/20/2006 Santa Monica Courthouse BOKS EDWARD Injunct Relief-not Dom/Harrassmt (Unlimited) 11/25/2008 Stanley Mosk Courthouse 19 BOKS EDWARD Writ - Administrative Mandamus (Unlimited) 12/23/2008 Stanley Mosk Courthouse 14 BOKS EDWARD Civil Harassment (Unlimited) 11/25/2008 Stanley 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-20000029	EDWARD ALBERT BOKS	DEFENDANT	08/1951	SCOTTSDALE, AZ 85257	Fredonia Justice
M-1347-TR-20161494	EDWARD ALBERT BOKS	DEFENDANT	08/1951	PRESCOTT, AZ 86301	Prescott Valley Municipal

Ed Boks DUI in Arizona

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

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Bill to ban debarking of cats and dogs to be voted upon in New York - Animal Advocates, Mary Cummins

New York assembly agriculture committee debark cats, dogs - Mary Cummins, Animal Advocates

This passed the assembly vote March 24, 2015 147/0 unanimous. It now goes before the New York Assembly Agriculture Committee. I'm trying to track it down and will post and update as an action alert. They meet Tuesdays are 9:00 a.m. New York time. It's not on any agenda yet. I'll keep checking. Here are members of the committee to politely contact. Tell them to vote yes on 1679 to ban debarking. I swiped the contacts from AKC website ;-)

Those who reside or participate in events in New York are encouraged to contact the Assembly Agriculture Committee TODAY and ask them to support, vote for Assembly Bill 1679.

COMMITTEE CONTACT INFORMATION

Click on the committee member's name below for Albany and district contact information.If you are a constituent, be sure to mention that when contacting them:

William Magee, Chair (District 121 - Oneida)
Didi Barrett (District 106 - Hudson)
Michael Benedetto (District 82 - Bronx)
Ken Blankenbush (District 117 - Carthage)
Harry Bronson (District 138 - Rochester)
Marc Butler (District 118 - Johnstown, Herkimer)
Clifford Crouch (District 122 - Binghamton)
Gary Finch (District 126 - Auburn)
Aileen Gunther (District 100 - Monticello, Middletown)
Stephen Hawley (District 139 - Albion)
Barbara Lifton (District 125 - Ithaca)
Peter Lopez (District 102 - Catskill, Schoharie)
Steven Otis (District 91 - Port Chester)
Jose Rivera (District 78 - Bronx)
Linda Rosenthal (District 67 - Manhattan)
Addie Russell (District 116 - Watertown, Canton)
Angelo Santabarbara (District 111 - Amsterdam, Schenectady)
Luis Sepulveda (District 87 - Bronx)
Michael Simanowitz (District 27 - Flushing)
Frank Skartados (District 104 - Newburgh)
James Skoufis (District 99 - Chester)
Al Stirpe (District 127 - N. Syracuse)
Carrie Woerner (District 113 - Saratoga Springs)

Borrowed from IDA when similar bill failed. I corrected the info so it's current.

Who to contact:

1) Assemblyman William Magee, Chair, Agriculture Committee:  518-455-4807,MageeW@assembly.state.ny.us

2) Your own Assemblymember. Don’t know who he or she is? Just click here and enter your address:http://assembly.state.ny.us/mem/?sh=search

3) Speaker Carl E Heastie: (518) 455-4218 Speaker@assembly.state.ny.us

How to contact them:

Calls (during normal business hours) are most effective.
If you get voicemail, leave your name, address (to prove you’re a constituent) and a short message: “I urge the Assemblymember to pass Assembly Bill 3431-A. Devocalization is cruel and must be banned!”
Then call again until you can speak with an aide.
If you email, put this in the subject line: Constituent Support for A1679 Banning Devocalization


What to say to your Assemblymember (or an aide):

In your words: “I urge you (the Assemblymember) to pass A1679, which bans devocalization of dogs and cats. Cutting an animal’s vocal cords by any means for any purpose except to treat a physical ailment causing the animal medical harm is cruel. Massachusetts has outlawed devocalization. It is illegal throughout the UK too. It’s time for New York to step up!"
Be an informed advocate: Read the Fast Facts below before calling.
Always be brief and polite!


Got another minute to protect dogs and cats? Ask your veterinarian for a letter supporting A1679 and be sure to get a copy! Urge him or her to take a humane stand for animals as more than 200 Massachusetts vets did by endorsing that devocalization ban. Surgery used to stifle a dog’s or cat’s voice is animal cruelty. The vets to whom we entrust our best friends should never sanction that.

Fast Facts About Devocalization

Devocalization can cause lifelong suffering or horrific death by choking or heat stroke.
The risk of infection is greater for devocalization than for other surgical procedures.
Complications are common regardless of the vet's skill, the instrument used - even laser - and whether vocal cords are cut through the oral cavity or an incision in the neck.
In fact, the less-invasive procedure has a higher risk of internal scarring that may obstruct the airway and impair swallowing and breathing.
Surgery to correct airway obstruction following devocalization is very costly - and may need to be repeated, subjecting animals to increased risks and their guardians to expenses they may not be able or willing to fund. 
Devocalized animals are given up just like any other dog or cat, such as when no longer useful for breeding or exhibition. This convenience surgery exposes them to great risks without any benefit.
Some breeders have sold animals without disclosing they were devocalized, leaving the new families to face great expense or the suffering and death of their beloved companion.
Devocalization is more common than most people think, primarily among those who use animals for profit or hobby, when they or neighbors don’t want to hear their animals or to keep show dogs quiet in the ring or in transit between shows. Unlike cut ears and tails, cut vocal cords are not visible, so most people assume these animals' raspy voices or labored breathing are the result of an illness. Who would imagine someone had their vocal cords cut?
Cats are devocalized too, though less often than dogs.

BILL NUMBER:A1679

TITLE OF BILL:  An act to amend the agriculture and markets law, in
relation to restricting the performance of surgical devocalization
procedures on dogs and cats

PURPOSE OF THE BILL: This bill will prohibit the devocalization of
dogs and cats unless there is a medical condition that requires the
procedure.

SUMMARY OF PROVISIONS: Section one of the bill creates section 365-a
in the agriculture and markets law that prohibits the devocalization
of cats and dogs unless medically necessary.

Section two of the bill relates to forfeiture of animals.

Section three of the bill authorizes the commissioner of agriculture
and markets and the commissioner of education to promulgate rules and
regulations to enforce this section.

JUSTIFICATION: The devocalization of animals is an invasive procedure
that involves the surgical removal of a dog or cat's vocal cords.
This procedure often leads to serious and long term respiratory and
throat ailments. It silences the dog or cat and prevents communication
between other animals and their owners.

This bill will outlaw "convenience" devocalization and restrict the
invasive surgery for cases where it is medically necessary to treat or
relieve an illness or injury.

http://assembly.state.ny.us/leg/?default_fld=&bn=A01679&term=2015&Summary=Y&Actions=Y&Memo=Y&Text=Y

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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