A blog by spcaLA president, Madeline Bernstein

May 27, 2014

aspca et al bribed witness which costs us all


Many of you have been sending me this story and asking about it. Many of you also think that aspca and hsus are national/umbrella organizations. They are not. They are not connected in any way to the other spcas and human societies across the country. Your spcaLA has nothing to do with this egregious conduct. 

That said, 14 years ago aspca and others sued Feld for issues regarding the improper treatment of their elephants. As standing is required to be heard in court - a plaintiff was identified and the case was allowed to proceed. When it was learned that there was an issue regarding the legitimacy of this plaintiff, Feld countered under the Rico statute which is a federal criminal racketeering law alleging bad behavior and conspiracy on the part of aspca, hsus et al. This is the result:


aspca,  hsus and others collectively have to pay Feld, the parent company of Ringling Brothers circus almost 25 million dollars (9.2 and 15.5 million respectively) to settle a lawsuit in which, as stated by the Wall Street Journal Law Blog, " the groups and their lawyers bribed a former circus employee to make up allegations that Feld abused Asian elephants in its circus."

This number does not include 14 years of legal fees, trial costs,  and other assets wasted for over a decade, expenses often not covered by insurance as they were the initiators of the suit. (Insurance surely would not cover the almost 300,000 in inappropriate witness payments.)  I say wasted because they knew from the start that they had a tainted witness and continued anyway. I would not be upset if it was a bona fide ethically handled lawsuit to help circus elephants that just was lost. That happens. In a world where Ringling Brothers had to pay the largest exhibitor fine ever to USDA for their treatment of animals and where Sarah the elephant collapsed on stage - the aspca et al had to mess with a witness to allege a problem? 

It is not enough that aspca is criticized for unethical fundraising practices, not disclosing that they are not a national umbrella organization which hurts animals all over the country who suffer from lack of resources, but their unethical behavior in this law suit has hurt  the reputation of animal welfare organizations everywhere who are mistakenly believed to be their "chapters",  the elephants, other circus animals who are slaves to the entertainment industry and trapped in pom-poms and chains, and has set back efforts to help these animals. This is particularly vexing as it hands the bullhook to Ringling Brothers with which to beat us.

That said, here in Los Angeles, without lawsuits, and millions of dollars your spcaLA, PAWS, Voice for the Animals, other local charities and you, the citizens of our city, dealt a blow to the circus by successfully enacting a bullhook ban in the city of Los Angeles, which, according to Ringling Brothers, means they can't come here anymore. 

Of course, this is not enough, but, we didn't have to bribe anyone to do it.

Ugh - so disappointing.

May 23, 2014

Veterans as Our New Vulnerable Class

On November 8th and 9th  spcaLA again partnered with Animals for Armed Forces® to give pets to members of the military and their families at no charge.

Photo courtesy of spcaLA
Many veterans can benefit from a bona fide service dog to assist with head injury issues, and all can be helped by the therapeutic healing powers of a family pet. Unfortunately, the difficulties encountered by veterans in getting treatment for, or even recognition of their injuries, such as PTSD, have become insurmountable as we learn more each day about the ineptness of the Veterans Administration.

As the daughter of a World War II veteran, I grew up hearing of the indignities and injustices delivered to our troops instead of  the support they deserve. My father served in the Air Force on a bomber crew. His plane was shot down and they landed behind enemy lines. They miraculously reached the allied forces wounded, hungry, scared and happy to be alive. While waiting for medical attention, they were greeted by the Red Cross who offered the boys coffee and doughnuts for a charge. Yes - for money. Of course, they refused the refreshments and continue to hold a grudge against the Red Cross to this day. Upon his return stateside, my father was hailed as a hero and labeled a member of the great generation but immediately encountered the difficulties and dangers of being "helped" by the VA. One could survive getting shot out of a plane but die waiting for a doctor. Suffice it to say that whenever my father needs medical care -he says - "if I am unconscious, don't take me to the VA."

Why is this important today? spcaLA opened 135 years ago protecting the vulnerable in our society. Women, children and pets - were all considered property, and were all bullied by those in power. Our veterans, some who are as young as 18, are over-driven  (3 tours of duty), exploited and discarded and are returning home injured, traumatized, suicidal and vulnerable. They are not treated as employable or useful but rather left to be homeless, exploited by lending companies and ignored at epidemic proportions.

This must not stand. I have spoken against military dogs being treated like equipment, being denied veterinary care and being left behind when their service is over. Today, I am imploring those with the doughnuts and the power to not do the same with our veterans. It is cruel and inhumane.

spcaLA will continue to do what we can to provide solace and comfort to our veterans with our dogs. We will continue our work with other military groups to pair veterans in need with service dogs. And we will continue to speak out on behalf of the vulnerable.



May 14, 2014

Do Not Leave Children and Pets in Cars -Even For a Minute



Courtesy Google Images


Every year children and pets are left in hot cars - often left to die. Just last week a dog was found dead in a car in Riverside California. The owner was charged with felony animal cruelty.

In warm weather the car heats up quickly and cracking the windows is useless in cooling it down. Furthermore, your shady parking spot can quickly be in the sun as the earth rotates. The shortest of errands can be too long for your loved ones to survive the oven like conditions of the vehicle.

In these cases we see people who love their pets so much that they take them everywhere only to become distracted and realize the horror of what they have done.

Please leave your pets at home and view spcaLA's hot weather tips.


Apr 30, 2014

Don't Judge a Law by its Title

Courtesy Google images
In my capacity as both your spcaLA President and as chair of the State Humane Association of California legislative committee, it has been my responsibility to draft, study, support, oppose, testify, and ponder new or amended legislation affecting the welfare of animals. As many of you know it can be a very taxing, confrontational and contentious business. That said, when all involved behave professionally, with integrity and without personal animus – a lot gets accomplished and our constituency benefits. Unfortunately, that is not always the case and it is very disappointing to see members of our animal welfare community conduct themselves in a sub-standard manner.

It is common for  exogenous parties, out of state organizations, lobbyists, and public relations operatives with no knowledge of local laws or the industry to place bills with attractive and important captions before the legislators and the public, which, if read carefully, actually say something else or accomplish nothing. They award plaques, form little clubs and flatter the elected officials, which, might be tolerated if Californians and our animals benefited from these efforts. It is, however, more common that the passage of a title is all we get and our pets get nothing. Frequently, it is ONLY the headline that is necessary for these operatives to spin an agenda and try to claim a hero's reward when passed.

Most people don't or should not have to read the laws carefully, but should be able to rely on the representations made by their elected officials and those advocates they assume are trustworthy and allow for the honest difference of opinion. It is easy to say a bill is lifesaving for cats or provides funding to shelters. It is harder to study the language and see how that is not so and that the funding may be illusory. Most people want to believe the spin but also resent when they have fallen for it. A good example was the attempt to pass a mandatory spay/neuter bill a few years ago to reduce pet overpopulation. Sounds good - right? When the text included a clause that permitted every household to have one litter it became necessary to oppose the bill. Not so good. Many thought we were insane to oppose the bill because they were unaware of what the language actually said.

We must not play the role of pawn in these games or election campaign strategy. Let us resolve not to support bills where the title promises protections that the text does not deliver or that are motivated by intentions contrary to the best interests of California and its residents.

It is incumbent upon our elected officials to regulate meaningfully. They must understand what is relevant and necessary for us and not be fooled by those who would misuse the legislative process to promote an agenda that is not commensurate with those interests or misuse the process themselves. Let us resolve to let these legislators know that we will read the drafts, speak our minds, and expect them to be mindful that their written words match their verbal assurances.




   “Laws, like the spider’s web, can catch the fly and let the hawk go free.”      Spanish Proverb







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Apr 26, 2014

Are There Bugs in My Bangs?

I have been inside more "hoarding houses" than anyone should ever have to. They are scary, dark, smelly and exude
anguish, sorrow and hostility. Junk is piled from floor to ceiling, and, if animals are also hoarded, covered in poop, pee, puss and puke. Dead animals lie in the debris mixed with live pets that are starving, sick and suffering. A "true" hoarder considers this a loving environment and neither seeks nor accepts intervention willingly. They often attack.

Though the A&E Network series has generated awareness of this phenomenon which spans all socioeconomic classes, it has made the problem "cool". Cat lady action figures, board games, art projects and clothing have all populated the market place and people feel comfortable referring to themselves as 'hoarders" if they have a lot of shoes.

It should not ever be "in" or "hip" to be a hoarder. Ironically, "true" hoarders think they are fine and become insulted at the mention of that word. That is why they never ask for help, volunteer to participate in a study or agree to star in an A&E reality show. If they possessed that level of awareness - they could be helped.

Rather, we find them, usually on the receiving end of a warrant. By the time they see me it's a law enforcement matter and too late to fix - even if they ever acknowledged that they needed to.

So please, let's try to locate these souls when intervention is possible. If you see or smell something, say something. Think before you drop an animal with that nice person down the street instead of driving to a shelter. When you notice unusual infestations, piles of junk and nauseating odors, report it to the authorities. Every living thing in that house needs help

After stepping outside one of these houses to talk to someone - I thought I saw something move in my bangs. Don't send me back inside one of those places. It is not entertainment. It is horrible.



Apr 17, 2014

Convicted! You Can't Just Beat an Opossum to Death Because She is an Opossum



Courtesy Google Images


It doesn't matter if you think an animal is a nuisance or a pet, gratuitously injuring or killing her is a crime in California.

Jose Chavez, took a wooden stick to a fence outside his apartment where a mother opossum and her babies lay.   Chavez then struck the mom in the head, knocking her from the fence.  She attempted to escape, but Chavez took her, with babies attached to her, to and beat her until he killed her. Then, Chavez placed the dead mom and her live babies in a plastic bag and put them into a dumpster.

Your spcaLA Humane Officers investigated after which Chavez was charged with misdemeanor animal cruelty where he ultimately struck a plea bargain.

It doesn't matter that some animals may be characterized as nuisances, used for food, displayed in circuses or scare you for no reason. It does matter that they be treated humanely. It is simply shameful, particularly, as in this case the opossum was scared, protective of her litter, and tried to escape that this beating occurred. 

Were I able to wave my wand and outlaw all abuses and exploitation of our animals - i would. Until then - show a little respect or expect to be prosecuted.











Apr 3, 2014

Need Action: Help Ban Whales at SeaWorld

Assembly Bill 2140 entitled the "Orca Welfare and Safety Act",  introduced by Assemblymember Richard Bloom, would ban holding whales captive in California for entertainment purposes, would create an orca retirement program and ban captive breeding programs among other things. 

It is absolutely unacceptable that we, enlightened denizens of the 21st century should tolerate exploiting animals for entertainment purposes. Sticking a whale in a tank for his or her lifetime away from his or her social group, and sentenced to swim in circles and perform tricks is simply awful and certainly not the lesson we want to teach children. Are we mentoring respect for our animals and environment or are we teaching children how to be cruel and exploitative of our planet.

SeaWorld is, of course, fighting to defeat this bill.

Please locate and contact your representatives , urge them to support AB 2140 and spread the word!