More than 200 animals remain at Safe Harbor

More than 200 animals waiting for permanent homes will have to keep waiting while the state's lawsuit against a Jackson animal shelter makes its way through court.

Safe Harbor Animal Sanctuary has been closed since late October, when a Cape Girardeau County circuit judge approved an agreement between Missouri Attorney General Chris Koster and the shelter that required the shelter to close for 30 days.

Koster filed a lawsuit Oct. 22 against Safe Harbor and its president, Alice Wybert, claiming multiple violations of the Animal Care Facilities Act.

On Oct. 31, Judge William Syler approved a temporary injunction prohibiting the shelter from taking in or adopting out any animals except dogs provided for the Puppies for Parole program.

The injunction also required the shelter to report its expenditures to the court.

Safe Harbor's lawyer, Patrick Davis -- who was in court Monday to argue a motion to dismiss the case against his clients -- said the temporary injunction has expired, but he and assistant attorney general Jacob Westen have "a gentlemen's agreement" to refrain from taking in or adopting out pets.

"As of right now, we have a gentlemen's agreement not to do anything, but the [temporary restraining order] has expired. We are under no legal obligation to refrain from adopting out [animals] -- just a gentlemen's agreement," Davis said outside the courtroom.

He said resuming adoptions would help the shelter address one of the state's primary concerns: its cat population, which currently stands at about 200. The shelter also houses about 17 dogs, Davis said.

"We'd like to drop that number," he said.

In the meantime, Safe Harbor continues to operate its thrift store and collect donations to cover the upkeep of the animals in its care, Davis said.

He said Safe Harbor agreed to the temporary restraining order to regain access to its bank accounts, which the state had frozen.

"We had to get the animals fed, so we consented to the TRO," Davis said.

In court Monday, Davis argued the case should be dismissed because the state has not specified how its complaints create a risk of harm to the animals, cited proper protocol for socializing animals or exhausted its administrative remedies.

"We don't even know if we have a license," Davis told Circuit Judge Michael Gardner, who was sworn in Jan. 2 to replace Syler.

Davis said Wybert paid for the license but never received it in the mail.

"This thing has been a carnival of errors from the beginning," he said.

Westen -- who said Davis' arguments spoke to the underlying merits of the case, which should be decided at trial -- confirmed Safe Harbor was issued a license in June.

"They currently do have a license," he said.

Westen also noted the state has given Safe Harbor multiple opportunities to bring its operations into compliance with state requirements.

The state's lawsuit contends Safe Harbor 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 a single room;
• maintain clean housing facilities; and
• identify the animals properly.

Gardner took the matter under advisement Monday.

epriddy@semissourian.com

388-3642

Pertinent address:

359 Cree Lane, Jackson, Mo.

SAFE HARBOR

Safe Harbor Animal Sanctuary is accepting donations to cover the cost of feeding and housing the animals that remain in its care. Donations may be sent to:

Safe Harbor Thrift Store

3860 E. Jackson Blvd.

Jackson, MO 63755

The thrift store continues to operate.