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AMERICAN BAR ASSOCIATION
TORT TRIAL AND INSURANCE PRACTICE SECTION
REPORT TO THE HOUSE OF DELEGATES
RECOMMENDATION
RESOLVED, That the American Bar Association supports proper care and treatment of animals as an essential part of the response to any disaster or emergency situation as part of any emergency preparedness operational plan.
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REPORT
Following Hurricane Katrina, the largest animal rescue operation in our nation's history formed a quiet and largely unpublicized backdrop to the human suffering. By some estimates, as many as a quarter-million dogs and cats were left behind in New Orleans and surrounding areas, as people evacuated.
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The photographs of Katrina's aftermath reflect people on rooftops or wading or swimming through filthy water, having left behind all of their worldly possessions, but desperately clutching their beloved pets. However, the Red Cross, the chief sheltering resource for people, does not allow pets in its shelters, and the rescue boats and vehicles on the Gulf Coast would not accept animals.
The stories of evacuees being parted from their animals are endless. CNN's Anderson
Cooper reported on a woman who was legally blind and who had refused to be evacuated for ten days because she had been told that she could not take her service dog with her. She held her ground until the CNN cameras arrived and the police relented.
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Most others were not so fortunate. An article in New York Newsday reported the story of a man who had survived for five days in a tree with his 16-year-old Dachshund-Chihuahua: "His rescuers would not let him carry the dog onto the boat. He killed his beloved companion rather than leave her to starve in the tree.
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NPR reported the story of Shea and Bret Tessitore, who were evacuated from
Chalmette, La., and waited with their dogs for four days on high ground near the Violet Canal.
When rescuers finally arrived, they forced the Tessitores to leave their dogs behind.
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The efforts to rescue the animals left behind began almost immediately, with volunteers arriving from all parts of the country. The massive animal rescue operation was conducted almost entirely by volunteer workers and nonprofit organizations, with very little government assistance.
5 In some cases, government involvement was reported to have actually hindered the rescue operations.
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1 Ketzel Levine, Search for Lost Pets Continues in Louisiana, National Public Radio's Morning
Edition, October 14, 2005.
2 Washington Post, Editorial by Karen Dawn, September 10, 2005
3 New York Newsday, Editorial by Karen Dawn, September 14, 2005
4 NPR Reporter's Notebook, Scott Horsley, A Happy Ending for Lady and Sasha, Sept. 19, 2005
5 The National Guard provided perimeter security at various rescue sites, and FEMA and the Red
Cross provided assistance to the human volunteers, but, with the exception of the veterinary ("VMAT") teams, there was no sanctioned government assistance in directly rescuing or caring for the animals.
Reports from the field indicated that the National Guard sometimes assisted animal rescuers when requested, but at other times the Guard refused requests for assistance as they had no formal authorization to
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See NPR Weekend Edition, FEMA 's Efforts to Help Pets Draw Criticism, Saturday, September
17, 2005: "[S]ome veterinarians say FEMA was more a hindrance than a help in taking care of the animals."
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On Thursday, September 29, CNN covered the story of dogs that rescuers had found shot to death, apparently killed by police officers. The group of small dogs and puppies had been left on the third floor of a school in St. Bernard Parish, with plenty of food and water, when their owners were forced to evacuate without them.
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There were also multiple reports of dogs being shot on the streets. "This place has gone crazy" reported photojournalist David
Leeson of the Dallas Morning News, as he videotaped St. Bernard Parish sheriff deputies shooting dogs on the streets of New Orleans a week after Katrina. The shooting incidents are currently being investigated by the Louisiana Attorney General.
As late as mid-October, animals were still being rescued, although the animals found alive were increasingly emaciated and often in critical condition. Among the survivors, packs of newly wild dogs had begun roaming the wreckage of New Orleans. Around that time, many homeowners also began arriving home to find their animals dead and dying. Rescue worker
Nancy Cleveland, of Los Angeles, described the scene as "an animal holocaust." 8
Despite the efforts of the rescuer workers, only 10,000 to 15,000 animals have been rescued and only a small fraction of the rescued animals have been reunited with their owners.
On October 6, the front page story of USA Today stated: "The images of residents on their roofs, stranded after staying behind with their pets, and packs of gaunt, frightened dogs roaming the debris after Katrina have led to changes in evacuation policies."
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The outcry over the handling of pets during Hurricane Katrina led directly to Texas suspending that state's rules barring pets from shelters as Hurricane Rita approached. The state's homeland security chief,
Steve McCraw, urged evacuees to take their pets with them.
10 Nonetheless, there were reports of families being evacuated with their animals on public transport systems only to have their animals turned away at Red Cross evacuation centers.
On September 28, the front page story of the Philadelphia Inquirer stated: "For decades, disaster evacuation plans had strict priorities for people and pets. Move the humans first, worry about the animals later. Recent storms had eroded that maxim, and Katrina has blown it down. After New Orleans residents died because they wouldn't abandon their pets, emergency planners from across the country began embracing a new reality: They can best save people by saving animals, too. ... 'Katrina has really shined the spotlight on the absence of a federal policy on animal rescue and relief during disaster,' Wayne Pacelle, president of the Humane Society of the United States, said in an interview from Gonzales, La., where the
Humane Society is operating what it describes as the world's largest animal shelter."
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7 CNN, NewsNight with Aaron Brown, covered by Anderson Cooper, September
29, 2005.
8 The Times-Picayune, Doug Mac Cash,
Pet Rescuers Arranging Fewer Happy Reunions,
October
13, 2005
9 USA Today, Trapped New Orleans Pets Still being Rescued, October 6, 2005
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'' Philadelphia Inquirer, How to Save People? Save Their Animals; Katrina Lesson: Evacuees Wont Leave Pets,
September 28, 2005
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In disaster after disaster, it has been demonstrated that the strength of the human-animal bond is such that, if animals have to be left behind, many people will stay and fight for their pets' survival along with their own. 12 In Cuba, in September of 2004, more than 1.5 million
106E people were evacuated to higher ground before a storm. The people were instructed to take their animals with them when they evacuated, and veterinarian care was provided. The smooth evacuation of animals with their owners was instrumental in preventing the kind of chaos that occurred in New Orleans. Although roughly 20,000 houses were destroyed, there were no reported human deaths.
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On Thursday, September 22, Congressman Tom Lantos (D-CA) and co-sponsors
Christopher Shays (R-CT), Barney Frank (D-MA), Don Young (R-AK) and James Oberstar
(D-MN) introduced legislation to help ensure that, in future disasters, authorities will not separate people from their household pets and service animals. The Pets Evacuation and
Transportation Standards Act (H.R. 3858) would require local and state emergency preparedness authorities to include pets and service animals in their disaster evacuation plans in order to qualify for grants from the Federal Emergency Management Agency.
Said Lantos: "I cannot help but wonder how many more people could have been saved had they been able to take their pets. . . . The devastation in Louisiana, Mississippi and
Alabama brought unbelievable images into American homes every night. The losses of life and property were simply staggering. On top of all that, the sight of evacuees choosing between being rescued or remaining with their pets, perhaps even having to leave behind the trained and faithful helping animals that some people with disabilities rely on every day, was just heartbreaking. Our legislation will put an end to that."
The TIPS Animal Law Committee has been instrumental in putting together an
Animal Disaster Relief Network that includes most of the major animal organizations in the
United States. The policy articulated in this recommendation will enable the American Bar
Association to join with other members of the Animal Disaster Relief Network to support
H.R. 3858, as well as the companion bill which will be introduced in the Senate.
H.R. 3858 would amend Section 613 of the Robert T. Stafford Disaster Relief and
Emergency Assistance Act (42 U.S.C. § 5196b). 41 U.S.C. § 5196b(a) currently authorizes the
Federal Emergency Management Agency ("FEMA") to make financial contributions to the states for necessary and essential state and local emergency personnel and administrative expenses, on the basis of
" approved plans" for the emergency preparedness of the states. 41
U.S.C. § 5196b(b)(3) requires that all such plans be prepared in accordance with standards approved by the Director of FEMA. H.R. 3858 would amend Section 5196b to include a new subsection (g), providing in pertinent part:
"In approving standards for state and local emergency preparedness operational plans pursuant to subsection (b)(3), the Director shall ensure that such plans take into account the needs of individuals with household pets and service animals following a major disaster or emergency."
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Any state whose plan did not take into account the needs of individuals with pets and service animals could accordingly be denied FEMA contributions.
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Boston Globe, Including Pets in Evacuation Plans Could Save Human Lives, October 13, 2005
13 New York Newsday, Editorial by Karen Dawn, September 14, 200
Respectfully submitted,
Sandra McCandless, Chair
Tort Trial and Insurance Practice Section
February 2006
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GENERAL INFORMATION FORM
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2.
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Submitting Entity: Tort Trial & Insurance Practice Section
Submitted By: Sandra R. McCandless, Chair
Summary of Recommendation(s).
The recommendation supports proper care and treatment of animals as an essential part of the response to any disaster or emergency situation. This includes support of emergency preparedness operational plans of all governmental agencies that take into account the needs of individuals with household pets and service animals following a major disaster or emergency.
Approval by Submitting Entity.
Approved by the Council of the Tort Trial & Insurance Practice Section on
October 30, 2005.
3. Has this or a similar recommendation been submitted to the House or Board previously?
No
4. What existing Association policies are relevant to this recommendation and how would they be affected by its adoption?
None that we are aware of.
What urgency exists which requires action at this meeting of the House?
The Hurricane Katrina situation in New Orleans and the Gulf Coast illustrated the tremendous problem of dealing with pets, service animals, and other animals in a disaster. Legislation has been introduced to require state and local governments to include planning for pets and service animals in their disaster plans in order to qualify for FEMA funds. We are seeking ABA policy on this issue in order to support this legislation and similar efforts.
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6. Status of Legislation. (If applicable.)
HB 3858 has been introduced in the House of Representatives and a companion bill will be introduced in the Senate.
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Cost to the Association. (Both direct and indirect costs.)
None, except the indirect cost of any lobbying efforts by the Association
Disclosure of Interest. (If applicable.)
The TIPS Animal Law Committee has been active on a national level in issues related to animal law issues resulting from Hurrican Katrina. The Committee established an Animal Disaster Relief Network that includes most national and many local organizations dealing with issues relating to the proper care and treatment of animals following Hurricane Katrina. This recommendation is part of the effort to make sure that animal care issues are addressed appropriately in future disasters.
9. Referrals.
This report is being referred to all ABA Sections, Divisions, and Forum
Committees as well state and local bar associations for co-sponsorship.
10. Contact Person. (Prior to the meeting.)
James F. Carr
1525 Sherman Street, 5 th
Denver, Colorado 80203
(303) 866-5283 - O
(303) 513-0026 - CP
(303) 866-5395 (Fax) jim.carr@state.co.us
Floor
11. Contact Person. (Who will present the report to the House.)
James F. Carr
1525 Sherman Street, Fifth Floor
Denver, Colorado 80203
(303) 866-5283 - O
(303) 513-0026 - CP
(303) 866-5395 (Fax) jim.carr@state.co.us
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