This is a press release from my friend Barbara McGrady of the Society for the Protection of Animals...
S.P.A. Member Personally Sued for Rescuing Stray Dog!
The appeal will be argued to a panel of 3 judges of the appellate court on November 10th, 2008.
If S.P.A. loses this case, no one may be able to help stray animals without running the risk of being sued, even if acting on behalf of a non-profit organization. Please, if you are involved with rescue, take the time to read this. It is a very important court case.
For Immediate Release...
PLEASE READ THE FOLLOWING LEGAL BRIEF which is now public record! IT IS VERY INTERESTING AND COULD AFFECT EVERYONE IN RESCUE, ESPECIALLY IN OHIO!
~This hearing will be heard in the 6th District Court of Appeals~ Its outcome will affect ALL animal rescuers in Ohio and most likely all rescuers across the U.S! If SPA does not win the appeal, it may be necessary to take the case to the Ohio Supreme Court.
The outcome will set precedence for those who rescue stray dogs and cats!
TO REFRESH YOUR MEMORY:
Terry McGrady, an S.P.A. member, was sued for rescuing a stray dog and ordered to pay $500 to the man claiming to have lost the dog. This dog had been missing one week before he began to look for him and the dog was not licensed to him at that time.
Again, S.P.A. is appealing this decision because they feel they made every effort to locate the owner. This man who claimed that the dog got away from him A WEEK BEFORE called the number listed in the Found Ad in the local paper and accused McGrady of stealing his dog, and said that he needed to give him back.
When McGrady asked why he hadn't looked earlier for the dog he was missing, he said he was too busy farming to look for the dog earlier in the week. He said he was "trying the dog out" and that it actually belonged to a guy he worked with.
Mr. Terry Lodge, a top notch Toledo attorney (and an animal advocate) felt that Terry McGrady should appeal the ruling that Judge Adams made in the small, village court of Woodville, Ohio. He prepared the attached brief and will appeal this case soon before 6th District Court of Appeals.
Read the complete press release at: