May 2019 | Fractured System Leaves Pennsylvania Animals at Risk of Cruelty—and Worse
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Fractured System Leaves Pennsylvania Animals at Risk of Cruelty—and Worse

Amy Worden - May 2019

Anyone working in humane law enforcement knows that the heartbreaking and disturbing nature of the cases they handle will almost certainly be fodder for heated discussion on social media.

Those accused of abuse and their supporters rally in defense. Animal welfare advocates aim their comments at the accused and often the humane officers themselves.

That’s exactly what happened last year in Gettysburg, PA when complaints surfaced regarding the care of miniature horses at an equine attraction. But investigators, including the Pennsylvania State Police, found no evidence to support a cruelty case. So-called “Facebook Warriors” took out their frustration on Abigail Avery, Adams County SPCA’s lone humane society police officer (HSPO). When the increasingly hostile posts escalated to death threats, Avery decided after ten years in her job to throw in the towel.

Avery, who had handled large-scale equine cruelty cases, including the Star Barn thoroughbreds starvation case, continued as shelter manager of the SPCA, but told county residents they would now have to call local or state police to report animal cruelty.

Avery’s departure illustrated a larger issue: the decline of humane society police officers (HSPOs) in Pennsylvania. There are 19 counties now out of a total of 67 with no humane society police officer, leaving vast swaths of the Commonwealth with only state or regional police coverage. That number leapt up earlier this year when the Pennsylvania SPCA announced it would no longer be providing law enforcement in five central and northeastern counties (Huntingdon, Centre, Berks, Tioga and Juniata) after an increasing number of costly cases involving large animals.

Relying on Shelters

Unlike neighboring Maryland and Delaware, where counties employ animal control and cruelty officers, Pennsylvania humane society police officers are attached to local shelters, which are privately operated and generally receive little or no government funding. That means not only do the shelters have to raise money to pay the officers, they have to assume the liability and the costs incurred for caring for animals, often for long periods of time, and prosecuting cases.

“Pennsylvania is an outlier because of crazy home rule,” said Karel Minor, president and CEO of Humane Pennsylvania, which operates shelters in Berks and Lancaster counties, and the former president of the Federated Humane Societies, which trains humane society police officers. “Humane law enforcement is a government function and the government Is not doing it,” he said. “Private SPCAs can’t afford to do it as a charity. That brings inconsistency and instability.”

The HSPO registry published on the Pennsylvania Department of Agriculture’s website illustrates the randomness of distribution.  Westmoreland County in southwestern Pennsylvania has 10 humane society police officers, while neighboring Armstrong County has none. Other counties are dependent on the PSPCA officers traveling long distance from Philadelphia.

Humane Society Police officers must undergo training that occurs only once a year and be sworn by local judges as law enforcement officers before starting work.

Fix for New Jersey

Until this year New Jersey had a similarly fractured system with a statewide SPCA ostensibly providing cruelty enforcement and local municipalities providing animal control. In 2018 New Jersey Gov. Chris Christie signed a bill dissolving the NJSPCA after years of questionable practices including failing to file tax returns and to submit to government oversight. Its static website tells readers to call their local police to report animal cruelty. Under the bill, cruelty enforcement beginning in 2019 is to be handled by county prosecutors.

In Pennsylvania, the animal cruelty law was strengthened even as there were fewer humane officers dedicated to enforcing it. “Libre’s Law,” the sweeping animal protection bill signed by Gov. Tom Wolf, increased penalties for cruelty, including adding a felony offense of aggravated animal cruelty and added horses for the first time under the law with cats and dogs, but contained no provision for improved enforcement or funding.

As shelters dropped law enforcement entirely or HSPOs quit or retired and were not replaced, an increasing amount of humane law enforcement is in the hands of the Pennsylvania State Police (PSP).

Cpl. Michael Spada, the animal cruelty officer for the Pennsylvania State Police Bureau of Criminal Investigation, said whether there is a humane officer in a county or not troopers will work with local agencies to investigate cruelty. 

“We will respond to the crimes we are called to, we will step up and handle the calls,” said Spada, adding that the PSP has increased training for its troopers who want it.

He said there is a greater awareness among troopers who now better understand the link between violence against animals and violence against people. “I’m comfortable with where Pennsylvania is. There have been a lot of improvements,” Spada said. “Troopers are aware of the new laws and are not backing away from them.”

In 2018 the PSP responded to 1,000 cruelty complaints, a significant increase over prior years, said Spada. Among the 16 troop stations across the state, all but one has an animal cruelty liaison.

He urged concerned members of the public who want to report cruelty to document what they have seen, to note the appearance of the animal, the date and time and contact law enforcement.

“Sometimes horse is skinny and he turns out to be elderly and under vet care,” Spada said. “Sometimes the caregiver is meeting the letter of the law, but that doesn’t mean we look the other way. “

Minor said state police typically will act if the case is critical, but that having a humane society police officer on the scene can stop less serious animal care problems from escalating.

“We need to prevent small problems from becoming major cruelty,” he said. “That’s where the humane society police officer steps in.”

Minor, whose SPCAs stopped providing humane law enforcement a number of years ago because of financial and liability concerns, said he is now considering bringing officers back again due to new civil immunity language in the cruelty code. Libre’s Law gives civil immunity to HSPOs, meaning they cannot be held personally liable in cruelty cases.

But ultimately he said, Pennsylvania needs more county oversight of animal control and enforcement, as well as funding.

“We need legislation to empower county commissions to have authority over HSPOs,” said Minor.

Hundreds of Judges Trained

Animal cruelty training for Pennsylvania law enforcement officers and judges has gotten a big boost thanks to the help of The Humane Society of the United States (HSUS). In an effort to better inform magisterial district justices, who are on the front line of the judicial system and see virtually all cruelty cases, the HSUS and Humane Society of Harrisburg Area have trained 555 judges in animal cruelty law.

In partnership with the PSP, HSUS trained a total of 201 officers from 120 agencies in 2018 with more trainings underway this year.

Of course, there is little protection from relentless online critics.

After the incident involving the equine attraction, Adams County endured nine months with no humane society police officer. But in March, Avery was talked into returning to her old job.

She said county leaders convinced her to put her badge back on as an enforcement officer with the assurance of certain protections that she declined to discuss.

“We just weren’t being covered,” Avery said.