This comes into GFN from the Florida
Federation of Aviculture, Inc.
JUDGE ORDERS PINELLAS COUNTY SPCA TO RETURN EXOTIC
BIRDS AND OTHER
ANIMALS CONFISCATED FROM HOME OF PINELLAS COUNTY
BIRD BREEDER
Lynn Andrews is a breeder of exotic birds who keeps
breeding birds and other pets in her home. Lynn is
licensed and regulated by the Florida Fish and
Wildlife Conservation Commission.
Lynn left for the weekend of September 9, 2006 to
attend a two day bird fair. Prior to leaving, Lynn
made arrangements with a friend, Cheryl Sawyer, to
come feed and water Lynn's birds, service their
cages over the weekend, and check on newly hatched
chicks in the nests. Lynn's teenage son, who stayed
with his older brother for the weekend while Lynn
was away, was also to come to feed and water the
other animals.
On September 10, 2006, while Lynn was away from
home, on a "tip" from a hostile neighbor who has
filed many unsubstantiated complaints against Lynn
in the past, Pinellas County Sheriff's Deputy Amy
White went to Lynn's home to investigate barking dog
complaint. Deputy Sheriff White, finding nobody to
answer her knocks at the front door, nevertheless
went through gates and entered the home through a
back door which she claimed was ajar.
Upon entering the home Deputy Sheriff Amy White saw
Lynn's birds, and she called Animal Control. Deputy
Sheriff Amy White was apparently not aware that the
Florida Fish and Wildlife Conservation Commission
has jurisdiction over exotic birds and licenses
exotic bird breeders and made no attempts to notify
the Florida Fish and Wildlife Conservation
Commission to investigate to see if Lynn's birds
were properly cared for. Although an officer from
Animal Control Officer came, they took no action.
Undeterred, Deputy Sheriff Amy White, who apparently
has no knowledge of breeding of birds, then called
the Pinellas County SPCA, to come to seize all of
Lynn's animals, including the birds, two dogs, a
rabbit, and a turtle, on the claim that they were
neglected and in distress. Most interesting was the
failure to even investigate any of the conditions
including an allegation that the dogs were chained
by Lynn and did not have adequate water available,
when the dogs were chained up at the insistence of
Deputy Sheriff Amy White. The seizure of all of
Lynn's animals was unnecessary as was later
determined by the Judge Dorothy Vaccaro after a full
trial. The SPCA called out the media to publicize
the raid on Lynn's home and to photograph and video
the removal of her animals included outlandish
statements of neglect and of a neighbors allegation
that she did not know of the birds when she had been
in the house with her children to see the birds.
Lynn's friend, Cheryl Sawyer, arrived on Sunday
morning, as planned to check on the eggs and
hatchlings and to check on food and water. She
arrived during the raid on Lynn's home, and was
handcuffed and arrested for animal cruelty.
The SPCA's confiscation of all of Lynn's breeding
and pet birds and other animals was without
reasonable cause or justification. The SPCA claimed
the son, birds, and other animals were in distress
and needed to be rescued from Lynn, without really
investigating the matter and discounting breeding
expert Frederick Smith, regional director of the AFA.
The SPCA filed a petition in court for custody and
control of the birds and animals. Lynn and Cheryl
opposed the SPCA's petition. Lynn hired attorney R.
Michael Robinson, of St. Petersburg, Florida, to
represent her in both the forfeiture civil action
filed by the SPCA and the criminal charges for which
she was arrested. The cost of defense far exceeds
the monetary "value" of her birds.
During the 4 days of hearings (spanning a period of
almost three months) on the SPCA's petition it
became clear that Cheryl Sawyer had nothing to do
with the case, other than being the person asked to
come feed, water and check on Lynn's birds while she
was away, and
Judge Dorothy Vaccaro dismissed the civil case
brought by the SPCA against Cheryl Sawyer after the
SPCA has introduced their evidence.
R. Michael Robinson, attorney for Lynn, obtained two
expert witnesses, Frederick Smith, an establish bird
breeder and Regional Director for the AFA, and Dr.
Margaret Wissman, a Board Certified Avian
Veterinarian, who testified at the trial that based
upon the testimony, over 50 photographs, and
veterinarian records to establish by clear and
convincing evidence that Lynn's birds were properly
cared for by Lynn while they were in her home and
had not been neglected or abused as alleged.
Testimony was presented to show that some of the
birds were injured during the raid and transport to
the SPCA facility, and that other birds later became
ill while in the custody of the SPCA due to their
care. During the raid, cages and nest boxes were
overturned, fertile eggs were destroyed, and baby
birds suffocated in their
overturned nest boxes. Testimony was presented that
SPCA personnel had virtually no knowledge of the
proper care and maintenance of exotic birds, that
they fed the birds unsuitable food, that they were
unfamiliar with bird diseases, and that they used
improper cleaning methods for the birds (i.e. they
used bleach to disinfect their bird holding area and
that the fumes from the bleach damaged the birds'
sensitive respiratory systems).
On December 13, 2006, Judge Dorothy Vaccaro ruled on
the Petition to Grant Ownership of Confiscated
Animals on each and every animal, (101 birds, 2
dogs, 2 turtles, and 1 rabbit) in Lynn's favor and
dismissed the SPCA's petition and denied the SPCA's
request that Lynn never be allowed to ever own
animals again, and ordered the birds and other
animals returned to Lynn. Judge Dorothy Vaccaro
ruled that Lynn was not neglectful, and that Lynn
was entitled to have her birds and dogs.
The Pinellas County SPCA, despite losing on every
count in their petition, was, and still is,
attempting to charge Lynn for the care of her
animals which they held hostage while they tried to
prosecute her. As of this date, these "charges"
exceed $6,000.00 according to Jeffery Jensen, one of
the attorneys for the SPCA. This is a tactic
commonly used by prosecutors against animal owners
in an effort to force the animal owner into
compliance with the demands of the prosecution. The
Pinellas County SPCA seems to think that even
though they were found to have wrongly seized the
animals, and have lost their petition to take
permanent legal custody of the animals, they are
entitled to have Lynn pay their inflated charges for
the care of the animals and for veterinarian care
for attempting to prove the animals were neglected
which was ruled by the Court as insufficient.
Additionally, the criminal charges against Lynn
Andrews and Cheryl Sawyer were dropped as the Office
of the State Attorney filed a "No Information" in
their cases on December 11, 2006.
In this case, Lynn Andrews, and her many avicultural
supporters, refused to be intimidated by bullying
tactics. Lynn Andrews, with the help and backing of
her many supporters, fought back. Lynn has won and
obtained a court order that she is entitled to her
animals back.
Aviculture has won an important battle in the war to
preserve the right to keep and breed birds.
