Legally Brief: Animals Freezing to Death Outdoors in the Polar VortexPosted by Stephen Wells, ALDF Executive Director on January 16, 2014
With record-breaking chills, the “polar vortex” has meant dogs left outdoors have been subjected to brutal cold. Some areas, like North Dakota and Minnesota, have recorded temperatures as low as 40 degrees below zero. In Chicago, a polar bear at the Lincoln Park Zoo had to be brought indoors. Sadly, dogs have been freezing to death outdoors, from New York to Marion County, Tennessee—where one poor dog even tried to chew his way out of his wire cage. Criminal charges have been filed in the New York Flat Creek Border Collies case under New York Agriculture and Markets Law 353-b (2) and dogs at this facility have either been removed or moved indoors. Meanwhile, state bills are being introduced in response to this case, which would mandate stiffer penalties for failure to provide adequate shelter.
In the past week, an ALDF investigation has revealed some of the worst commercial animal breeders in Nebraska and New Jersey. Last fall, ALDF called out the scariest houses of animal houses of horror in Missouri and in Minnesota, and we are following up with more facilities soon. Public scrutiny and law enforcement are our best tools, and that is why we are exposing such neglect and the failure of the U.S. Department of Agriculture (USDA) to act on the findings of its own inspections.
What the Law Says
State laws differ dramatically when it comes to standards of care for animals. Some don’t include “shelter” as basic care, and others exempt some animals from protection. New York state law, for example, prohibits animal neglect but does not specifically include “shelter” in its cruelty statute.
Although state laws differ in minimum standards of protection for animals, one thing is clear: it should be illegal to let animals freeze to death. And states like New Jersey and New York, which have seen natural disasters like Hurricane Sandy, should know better. That is why it is so important to hold bad actors—like law-breaking breeders, shelters, zoos, and individuals—accountable to the law.
What You Can Do
ALDF has received many letters and phone calls from outraged citizens concerned about freezing animals in their area. While prosecution of these offenders is generally left to the discretion of the USDA or local law enforcement and prosecutors, ALDF provides direct support and training to law enforcement and prosecutors in the handling of such cases, including financing forensic investigations, locating and funding essential expert witnesses, doing research and writing briefs, and even making appearances on behalf of prosecutors in court. These services—and your voice and support—are often the primary factor in whether a case is prosecuted at all.
Safety tips: the best way to keep companion animals from freezing to death is to bring them indoors, where it is warm.
- Don’t leave companion animals outdoors when the weather drops.
- Wipe the paws of your furry companion—salt that melts snow can be a serious irritant for them.
- Antifreeze is both deadly and delicious—its sweet taste attracts animals and will kill them.
- Keep an eye on parked cars—animals may crawl under the hood to find warmth.
- Plastic—rather than metal—water bowls can prevent an animal’s tongue sticking to the bowl. Remember: animals cannot drink frozen water; cold water lowers body temperature rapidly.
- Shivering, weak pulse, dilated pupils, stupor, and unconsciousness are signs of hypothermia. If an animal exhibits these symptoms please contact a veterinarian right away!
Resources: Check out ALDF’s compendium of Animal Protection Laws in the U.S. and Canada to see where your state falls on laws regarding animal neglect and abuse.