A statewide effort to improve conditions and decrease euthanasia at municipal animal shelters is picking up steam after cease and desist letters were sent to dozens of shelters over Valentine’s Day weekend.
Orange County animal shelters were among the roughly 150 California facilities that received a letter from the Fix Our Shelters nonprofit and Ryther Law Group, calling out a slew of alleged unlawful practices and demanding reform.
Cease and desist letters included allegations like animal abandonment, unlawful euthanasia, inadequate conditions and retaliation against rescue partners and other members of the public.
This first round of letters listed a series of allegations without getting too specific toward any individual jurisdiction or shelter.
Representatives from the Sacramento-based Fix Our Shelters nonprofit said they’re working on sending out more detailed letters targeting specific shelters. If shelters don’t take action to comply with state law, nonprofit officials say they will bring legal action against what they consider the most egregious players.
Julie Virga, president of Fix Our Shelters and a lifelong animal advocate, said it isn’t their goal to bring any lawsuits.
But that’s the only course of action if shelters don’t roll out reforms, she said.
“The goal will be … once we give the more specific examples of violations of law, that they will cure those violations,” Virga said in a phone interview. “And if they don’t, I think we’re going to be in a position where we will have to file lawsuits. We would rather not.”
Virga said the group first got started when she saw her local shelter at the state capital was slow to reopen after the COVID-19 pandemic, similar to the county-run shelter in OC.
[Read: OC Animal Shelter to Allow More In-Person Visitors]
One of the major concerns mentioned in the cease and desist letters is the concept of “reduced/managed intake” that minimizes the overall number of animals coming into the shelter in an attempt to reduce euthanasia.
Managed intake often involves shelters turning away animals or encouraging members of the public to keep the animal themselves, put it back where it was found or contact a rescue organization.
Virga said reduced intake is happening all over the state and is creating more strays and homeless pets.
“We realized it wasn’t just our Sacramento shelter that was suffering like this,” she said.
“All these different jurisdictions were suffering from the same affliction. Not all, but many shelters were violating state law with impunity on a regular basis and felt that these reduced intake programs were essentially above the law.”
OC Animal Care, the county-run animal shelter in Orange County, received a cease and desist letter dated Feb. 13.
The county shelter — which has been the subject of numerous grand jury investigations and resident protests over the past several years — practices managed intake for stray cats.
[Read: Grand Jury: OC Animal Shelter Needs Updated Policies to Stop Killing More Animals]
The shelter does not accept healthy stray cats. Instead, it only accepts sick, injured or underage cats.
Virga said this could be a violation of the Hayden Act, a 1998 state law that outlines certain requirements for animal shelters like mandatory veterinary care and holding periods for stray animals.
It was meant to prioritize adoption over euthanasia in public shelters.
“Hayden’s Act requires that shelters accept stray animals — both cats and dogs — and that they keep them for the mandatory 72-hour holding period to make sure that they can be reunited with an owner,” Virga said.
“Turning away cats and kittens is illegal.”
Virga is working with a number of local advocates across the state’s various jurisdictions.
In Orange County, she’s working alongside residents who’ve spent a majority of their lives speaking up for homeless pets and fighting for local reform.
“The Hayden Act is not aspirational or open to interpretation,” said Sharon Logan, an animal advocate in Orange County. “It’s binding law. It was enacted to ensure that animals in public shelters received basic protections, including adequate holding periods, care and fair opportunities.”
[Read: Are Appointment-Only Policies in Animal Shelters Across America Driving Up Kill Rates?]
Jonathan Volzke, the new spokesperson for OC Animal Care, said the shelter received a letter and is in compliance with all state laws.
“While any decision to reply will be made in consultation with County Counsel, OC Animal Care operates in full compliance with all applicable laws,” Volzke wrote in a statement to Voice of OC.
“Our work is guided by our mission to promote responsible pet ownership, ensure the safety and well‑being of animals, and strengthen the bond between animals and the communities we serve,” Volzke said.
To read the cease and desist letter sent to OC Animal Care, click here.
Orange County Supervisors also weighed in on the shelter’s conditions during their Feb. 24 meeting.
Supervisor Janet Nguyen said the shelter has made improvements over the past year, but it’s a work in progress.
“Please know that we appreciate you, but there is still some work to be done,” she said at that meeting.
Nguyen said animal shelter staff are working on a report regarding the 2018 strategic plan and asked for an update within the next 30 days.
Supervisor Vicente Sarmiento thanked residents for pushing for improvements at the shelter and said staff should issue regular updates to make sure OC Animal Care is meeting goals laid out in the strategic plan.
“I think we need to do something on a periodic basis, almost as a dashboard, and make sure we’re able to see how we’re doing on these different concerns that we have that are outlined in the strategic plan,” he said.
[Read: Orange County’s Troubled Animal Shelter Slated for Overhauls]
The Laguna Beach Animal Shelter also received a cease and desist letter from Fix Our Shelters.
“The letter insinuates general non-compliance with animal shelter laws; however, it does not give any specific allegation of any violation at the Laguna Beach Animal Shelter,” Monika Ghaly, jail supervisor for the Laguna Beach Police Department, wrote in an email to Voice of OC.
The police department oversees the city’s animal services division.
“The City takes the operations at the Laguna Beach Animal Shelter very seriously and makes it a top priority to ensure compliance with all related laws,” Ghaly continued. “As such, the City denies all the vague and unsubstantiated allegations in the attached letter – which once again was a form letter that was sent to numerous other public entities across the State.”
Maria Dales, founder and director of the German Shepherd Rescue of Orange County, has been advocating for homeless pets and calling for shelter reform for 25 years.
She said the high costs for veterinary care, rising costs for pet food and limited access to affordable housing that allows dogs has created a boom in the number of homeless pets across Southern California.
“With uncertainty in the economy, it’s always animals that pay,” Dales said in a phone interview. “When people are struggling, animals are probably struggling more. Everyone is tight with their purse strings and can’t always donate.”
While Dales’ organization is based in Orange County, they also work to save dogs in Los Angeles, San Bernardino and Riverside Counties.
[Read: A Look at Orange County’s German Shepherd Rescue]
She said the number of dogs getting dumped in Southern California has skyrocketed as some shelters reduce their intake numbers or direct people to rescue organizations, making the situation worse for residents and nonprofits that are already stretched thin.
“This is reality,” Dales said. “When people are desperate, they don’t have any other options. They’re thinking survival for themselves, not their dogs … The only other option is dumping. It’s heinous, it’s costly to the taxpayers and it’s a danger to the community.”
She said California shelters are not improving over time and need more oversight; there’s a “desperate need” for low cost spay and neuter services and municipal shelters need to accept all owner surrenders.
“Shelters should be learning from their mistakes and moving forward and adopting the more enlightened approaches that some of the other shelters in other areas are adopting,” Dales said. “We’re not seeing that in California on the whole.”
Angelina Hicks is the Voice of OC Collegiate News Service Editor. Contact her at ahicks@voiceofoc.org or on Twitter @angelinahicks13.