To the Editor:

The Scotts ran Happy Cat Rescue in Guilderland for eight years, turning their home into a sanctuary for stray cats, abused cats, and abandoned cats. They nurtured and socialized the cats to make them adoptable. On Oct. 2, they were abruptly shut down by the Mohawk Hudson Humane Society.

I don’t know Marcia or Charles Scott personally, have never visited Happy Cat Rescue, and have no firsthand knowledge of their operation. But I share their compassion and love for cats. I also believe the testimonials of hands-on volunteers and the people who sent 73 letters of support to the Guilderland Town Court, including one by their longtime veterinarian, Dr. Carla Hernas, who wrote, “In my professional opinion, Marcia Kenneally Scott takes extremely good care of her pets …. The world needs more cat rescue organizations like hers, rather than fewer.”

In information provided on Form 990 for the year ending Dec. 31, 2017, the Mohawk Hudson Humane Society reported net assets of $7.9 million and an annual revenue of $3,318,344.

Something doesn’t feel right when a retired couple running a small volunteer rescue organization is railroaded by Big MHHS, Animal Control, Guilderland Police, nameless accusers, and a legal system rigged in favor of the wealthy.

The Scotts’ kennel and home was raided and their rescue cats and kittens seized along with 10 personal pets. They were arrested and charged with six counts of violating Agriculture and Markets law: “Torture/Injure/Failure to Feed an Animal.” They were accused of having cramped cages and “not great” air quality.

All of the authorities involved in the raid agreed that the Scotts were not hoarders. Rather, they said, they were “overwhelmed.” Since when is it a crime to be overwhelmed?

It’s unconscionable that the Scotts, whose life’s work has been taking care of unwanted cats, would be lumped by MHHS into the same category as those convicted of heinous crimes like beating, punching, kicking, mutilating, starving, and strangling animals.

The Scotts were threatened with jail time and intimidated into signing an agreement to cease operations and not own any animals for the rest of their lives. The two lawyers they hired did not appear to represent the Scotts’ interests.

The agreement clearly favors MHHS, which held their 10 special-needs pet cats hostage, allowing only five to be returned after the agreement was signed. It allows Mohawk Hudson Humane Society to search their home at any time. This in exchange for dropping criminal charges.

The photographs reportedly taken by the Guilderland Police on the day of the raid appear to have vanished. No one has seen them — not the Scotts, not MHHS. In any case, the photos represent a moment in time and would not prove the unsubstantiated allegations, since many rescued cats came to the Scotts in poor condition to begin with.

Complaints were initiated by an unnamed source who admittedly had only fleeting acquaintance with the rescue facilities and who said she “heard” things about them. Hearsay is not admissible in a court of law.

Others complained that Happy Cat Rescue charged an adoption fee. MHHS charges $100 to $200 for each cat adopted.

The longtime Happy Cat Rescue volunteer, Barbara Jager, was there on the day of the raid. Her duties included cleaning the kennel cages and interacting with the cats. She believes the charges are unfounded. She said that some people who complained may have been turned down for adoption because they were planning to declaw and that Marcia Scott was outspoken on the subject.

It’s ironic that people who profess to care about the welfare of cats value their furniture more, and would rather declaw than invest in a scratching post or spend the time teaching the cat acceptable behavior. Declawing involves amputating a cat’s toes back to the knuckle and is physically and psychologically debilitating. In July 2019, Governor Andrew Cuomo signed into law an anti-declaw bill, making New York the first state in the country to ban this barbaric and inhumane practice.

When the raid took place at Happy Cat Rescue in early October, the weather outside and the air quality inside the kennel was not extreme. Ag and Markets law gives as an example of “extreme“: “A person shall not confine a companion animal in a motor vehicle in extreme heat or cold without proper ventilation or other protection from such extreme temperatures where such confinement places the companion animal in imminent danger of death or serious physical injury due to exposure to such extreme heat or cold.”

MHHS said the cages were cramped and that the cats didn’t get enough exercise. How much space a cat needs is subjective. I’ve read that shelters should aim to provide enough housing space so that each cat has space to stretch to full body length, ideally with three foot separation between feeding, resting, and elimination areas with room for an adequately-sized litter box.

Most kennel cages are adequate for cats to sit up and stretch out. I’ve boarded cats at licensed veterinary facilities. There was not three foot separation between those areas in the cages. Should these veterinary practices be shut down too?

The cats were abruptly uprooted and removed from familiar surroundings. Cats are easily frightened and have long memories of traumatic experiences. How stressful do you think being in cages at a shelter is? How quickly will cats with special needs be adopted?

While an ultimate goal of the humane society may be to operate as a “no-kill” shelter, euthanasia is still performed because more animals are turned over than are adopted. According to a posting on March 7, 2019, approximately 7.6 million companion animals enter animal shelters nationwide every year and 2.7 million are euthanized. Approximately 3.4 million are cats of which 1.4 million are euthanized.

“Animal nonprofits, research veterinarians, and other experts agree: killing in pounds and shelters is the leading cause of death of all cats in the United States.”

I’ve known people who had to rescue animals from the humane society. Victor DiSanto is a recreational musher and historian in Schoharie County whose Second Chance Sled Dogs were all rescues. An article in the Enterprise (Dec. 21, 2006) describes how he acquired members of his rescue team:

“Apache Red was seized from a puppy mill, and had five owners by the time he was one year old. He was scheduled to be euthanized by the Mohawk Hudson Humane Society the day he was placed with DiSanto.”

The humane society does not limit how long cats can remain in cages at pet stores. The Mohawk Hudson Humane Society has an active partnership with the corporate PetSmart Charities. They opened an everyday adoption center at the Glenmont PetSmart store (and formerly at the Latham PetSmart). MHHS also holds periodic off-site adoption clinics at PetSmart.

A general caveat for consumers is to not obtain pets at pet stores. Among other reasons is the small size of their cages. Adult cats in pet stores can languish in cramped cages for weeks if they are not adopted right away.

These giant corporations deal in volume. Puppies come from mass-breeding puppy mills. Big-box pet-store chains like PetSmart and Petco have a long list of incidents involving animals that have been traumatized, allowed to escape, severely injured, and even killed in their grooming salons because of neglect or short-tempered employees who deliberately mishandled them.

Over the past decade, there have been 47 documented cases of dogs dying during or after PetSmart grooming sessions in 14 states. In a report published Sept. 20 on NJ.com An investigation conducted by NJ Advance Media the investigation uncovered “secret agreements,” poor training, and pressure put on employees to meet sales quotas.

There is also an investigative report published July 24, 2019 and updated Nov. 19, 2019 by PETA: “Dogs Killed, Injured at PetSmart and Petco Stores — Don’t Let Your Companion Be Next. “

In May 2018, the New York State Attorney General’s Office filed a lawsuit against another chain of pet stores, The Pet Zone, for improperly caring for its pets, selling puppies without necessary veterinarian exams, improperly medicating puppies, and deceptive business practices. After selling a puppy certified as “unfit” for sale by the consumers’ veterinarian, the store denied customers’ right under the Pet Lemon Law to reimbursement of veterinarian bills.

In November 2019, the New York State Supreme Court ruled that The Pet Zone isn’t currently allowed to get any new animals but they’re still allowed to sell what they have. The Pet Zone in Albany continues to operate at the Crossgates Mall in Guilderland.

The Mohawk Hudson Humane Society is curiously silent on the subject of rampant cruelty and abuses by pet store chains and continues to partner with PetSmart, all the while levying trumped up charges to shut down Happy Cat Rescue and malign its owners. 

Justice has not been served in Guilderland.

Rosemary Christoff Dolan

Schoharie