Help a community member achieve a fair hearing

Hello, I am a resident of Austin, an attorney, and a volunteer that spends my free time walking dogs at a shelter and also advocating on behalf of dogs and owners that may need a little extra help. I have recently come to know a local community member who is desperately in need of assistance to achieve the due process and fair hearing to which she is entitled.

This woman, who I will call Jane for privacy reasons, is a resident of Austin and has a deep love for all animals. She currently has five dogs, including Pituka whom she loves dearly. Jane has indicated they are spayed/neutered and up to date on their vaccines. She is not a wealthy woman, but she does what she can and often places the needs of these dogs above her own. In her words, she feeds them before she feeds herself. Last year, when she realized her fence was too low to contain them, she took it upon herself to repair it. These dogs are family to her, and she will do anything to keep them safe.

In January of this year, Jane left her residence to go to the grocery store. After her departure, Pituka somehow managed to slip out the front door. Jane isn’t sure how, but believes the front door to her home must not have latched completely. While Pituka was out, there was an incident between her and a man on the sidewalk. The man indicated he was walking when Pituka bit him on the ankle one time. Jane has described Pituka as a little jumpy and playful, but not aggressive. It is unclear why Pituka approached this man on this particular evening. Due to the injury, the man did seek medical treatment and received six staples in his ankle. From his own account, after receiving outpatient medical treatment, he is healing well. This is an isolated incident. Although we don’t know what caused Pituka to bite that day, (was she playing? was she scared?) we do know that this could have happened to anyone. Dogs sometimes get out of our yards or our homes…and dogs sometimes act in ways we can’t fully explain. A bite incident does not always mean the dog is a danger to public safety.

After the incident, Pituka was seized by the City on January 31st and has been held in a kennel ever since. Shortly after, an administrative hearing was set. Although the notice sent to Jane implied her appearance at the hearing would be an opportunity to discuss resolution of the matter with the City Prosecutor without requiring a full trial, that is not what occurred. Jane speaks Spanish and so she was provided a court appointed translator. Through her translator, Jane was required to participate in a full trial of the facts. Jane was asked to object or consent to the offering of evidence into the court record, to cross examine witnesses including an Animal Protection Officer, to testify on her own behalf, and to answer questions from the City Prosecutor while under oath. Notably, no medical professional testified at the hearing, despite that the administrative hearing concluded that Pituka had caused a Severe Bodily Injury (defined by Texas Health & Safety Code Sec. 822.001 as a severe bite wound or ripping or tearing of muscle which requires hospitalization) and ordered Pituka to be euthanized at the recommendation of the Animal Patrol Officer and the City Prosecutor.

Jane was not aware walking into the hearing that day, that euthanization of Pituka was a potential outcome. She did not have legal counsel present. She was not prepared to testify, be cross-examined, or cross-examine witnesses on her own behalf. She was not equipped to defend or litigate what amounted to a life or death case. Based on the video recording of this hearing, I believe she was railroaded by the system due in part to the language barrier and her own socioeconomic status.

Because of this, I believe that Jane must appeal the administrative hearing so that she can have a chance at the fair trial and due process she is entitled. As part of perfecting the appeal, she has paid an $800 bond to cover Pituka's board and care fees at AAC while the appeal is pending. She is also selling her car, her belongings, and baked goods on the side of the road to raise the money it will take to hire an attorney who specializes in this area of the law. The cost of representation for the appeal is significant as it will require a full re-trial of the facts, witness testimony, and trial preparation. I am not an expert in animal law nor litigation, so I cannot represent Jane myself. However, to be afforded the due process and fair hearing she deserves, I do believe Jane must hire an attorney for this matter. The prices quoted for these services run between $10,000-$15,000.00.

I am not here to ask you to make a determination as to whether Pituka deserves to live or die. I ask only for you to consider the lengths you would go to save the pets that you love like children. I ask you to remember the times you have found yourself in opposition to what appeared to be insurmountable odds. I ask you to think about each and every person you know that has been at the mercy and will of the government, simply because they did not have the money to defend themself. If this speaks to you and you feel so compelled, please donate to afford Jane the due process and fair hearing that the Constitution and the laws of this nation require. She is a marginalized, underrepresented, and vulnerable member of this community, and she deserves more from the City she calls home.

As part of this campaign, I pledge that any and all unused funds will be placed into an interest bearing account and will be made available to other members of this community in the future, that may require legal assistance to ensure their animals are not taken without due process or a fair hearing. As part of this endeavor, I will provide regular status updates to this fundraiser and will also provide regular accounting and receipts to ALFP and any other community assistance organization that would like to be made aware. I thank you in advance for your generosity and compassion.