April trial date set in Safe Harbor case

A trial date has been set that could affect the future of Safe Harbor Animal Sanctuary in Jackson.

Safe Harbor's lawyer, Patrick Davis, and Missouri assistant attorney general Jacob Westen met with Cape Girardeau County Circuit Judge Michael Gardner at Common Pleas Courthouse on Monday to set the date for the trial, which will begin April 9 at the municipal court in Jackson.

Safe Harbor has been closed since late October, when now-retired Circuit Judge William Syler approved an agreement between Missouri Attorney General Chris Koster and the shelter, requiring the facility to close for 30 days.

Koster's petition stated that during 2013 and 2014, inadequate veterinary care, housing and health practices were provided at the shelter, which was in violation of the state's Animal Care Facilities Act.

Although the temporary injunction -- which Syler approved Oct. 31 -- has expired, Davis said last month he had a "gentlemen's agreement" with Westen to refrain from taking in or adopting out animals except dogs in the Puppies for Parole program.

It was estimated that fewer than 200 cats and approximately 20 dogs are still at the shelter and are being cared for regularly.

"I know at each inspection we're running about 90 to 95 percent healthy [animals] and anywhere between 5 to 10 percent [that] need to be seen [by a veterinarian], which, if you look at the population as a whole, that's pretty good," Davis said.

He also said the facility is suitable to accommodate the number of pets it is housing.

Davis asked Gardner on Monday if it was possible for the animal sanctuary to begin adopting pets out once it is given a clean bill of health, because the monthly inspectors visiting the shelter are continually unhappy with the number of pets at the facility.

No solution was reached Monday, and Davis agreed the issue could be held until the trial date in April.

"They're still complaining about our numbers, but they won't let us get rid of [the animals]," Davis said after the scheduling.

Safe Harbor is adamant about rehousing the pets to no-kill shelters, but Davis said many shelters are in the same condition as Safe Harbor and are not accepting any more animals.

Koster's Oct. 22 lawsuit against Safe Harbor and its president, Alice Wybert, claims the shelter failed to:

• take sick animals to a veterinarian for diagnosis and treatment;
• maintain health records for the animals;
• follow cat housing requirements, which limit the number of cats that can be housed in the same room;
• maintain clean housing facilities; and
• identify the ani-

mals properly.

Gardner inherited the case when Syler retired, and on Jan. 13 denied a motion by Davis to dismiss the case.

Resuming adoptions would help the shelter address the state's concerns about its cat population.

­When asked about the state of the shelter, Davis said, "It's up and running. We're just kind of treading water."

Reporter Emily Priddy contributed some information for this story.

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Pertinent address:

359 Cree Lane, Jackson, Mo.