Alert 9/13/08 Come to the Rescue of Rescues and Fosters

An alert from Patti Stinson of today (9/13/08) is below.

This is long, but it is very useful and may result in saving lives of many rescued animals. Please read on.

A Forever Home Rescue Foundation, a rescue organization headquartered in Fairfax County with a superb record of re-homing animals and a significant network of foster homes, sent out a press release this week which notes that its foster homes have been cited for zoning violations in both Fairfax and Arlington counties.

In Patti’s alert, under her heading of “What you should do NOW”, she mentions that press release. For various reasons, that press release cannot be attached; instead, it appears at the very end of this.

If you are a resident of Fairfax or Arlington counties, make immediate and numerous contacts to those listed below.

If you reside in a Virginia jurisdiction other than Arlington or Fairfax, after sending emails in support of Arlington and Fairfax, turn to your own. Address the County Administrator (or City Manager) for your area in addition to contacting your own State Delegate and State Senator. (If you are not sure who that is, send us an email that includes your exact street residence address – not a PO box – and zip code, and we will try to help.) Indicate there are cases in Arlington and Fairfax counties attempting to outlaw foster homes for dogs and cats by classifying those homes as commercial when they are no such thing. Warn that this is something which will not be tolerated in Arlington and Fairfax, and will not tolerate it in your own county/city.

Thank you for helping.

Lillian Clancy and Don Marro

_____

from Patti Stinson:

This is one of the most important emails I have written in 15 years of animal rescue.

Please bear with me. This email will be a bit long. You all know that I only use the word "Urgent" in extreme circumstances. This is urgent. It is crucial that you read this email carefully, understand it fully, and respond appropriately. This issue impacts whether you will be able to keep your rescue open.

Right now, this issue has a potential to impact ALL rescue groups and shelters in Fairfax County and Arlington County, VA. Should we lose the battle, it could impact not only every rescue and shelter in VA (and possibly nationwide at some point), but it could also impact other charitable organizations such as the Girl Scouts. It could shut all of them down, or seriously (and negatively) impact their operations.

AFH stays current on issues that may impact our organization (and those of our colleagues) and we want to share the following information with you.

You are encouraged to forward it widely, including any media outlets in your area, and you will be asked at the end of this email to contact the appropriate authorities.

First, an introduction from Ken Cline - A Forever Home Rescue Foundation (AFH) Board of Directors.

The zoning officials in Arlington and Fairfax Counties have cited AFH volunteers for keeping foster dogs in their homes. The citations do not claim that there are too many dogs, or that the volunteers don’t have a right to keep dogs - repeat - there is no violation regarding too many dogs or a lack of care - we have NOT done anything wrong. The claim is that, since the dogs are associated with a rescue group, they are considered to be “for commercial purposes”. Commercial uses are prohibited in residential districts. If the dogs were not rescue dogs, there would be no problem. This is our issue - foster homes - ours and yours - could conceivably be shut down for good if we are considered a "commercial" operation.

The fallacy in this logic is that the fosters are volunteering their homes and their time to house these dogs. There is no compensation provided by the rescue to the foster (foster homes are NOT paid). The fosters are performing a volunteer activity for their “own personal use and enjoyment”. If the Counties are successful in classifying these volunteer activities as commercial in nature, then they will be establishing a precedent that can be used against any foster provider in the County, and potentially in the state. Since most, if not all, rescue groups rely on foster homes to house their animals, that could effectively put rescue in Virginia out of business.

By extension, if they are successful in classifying this type of volunteer activity as commercial – where does the boundary lie? The Girl Scouts rely on volunteers to staff their Girl Scout Troops and to sell their cookies. Is that really any different? It is a volunteer service provided to a non-profit organization – exactly what Arlington and Fairfax are trying to classify as “commercial”.

We cannot allow these citations to stand. It is imperative that we win the appeals associated with these cases.

What you should do NOW

Read the attached press release, understand it, forward it to friends, family, the media, and any other interested parties immediately, and then contact everyone on the list below with your opinion. Post it on your websites. Put it in your newsletters. GET THE WORD OUT. If you don't, there is a very real possibility that rescue in Virginia will be eliminated. I am not exaggerating this point - this is SERIOUS. Contact everyone regardless of where you live. Remember - your county could be next.

PLEASE - be polite and professional but FIRM.

I will copy all of the email addresses to the bottom of this email so you can cut and paste it into your email and send one email to everyone on the list.

Some points to include in your email:

1. You support rescue - tell them why

2. Foster homes are NOT commercial. Neither the foster nor the rescue profits.

3. If rescue is stopped, tens of thousands more animals will die every year.

4. If rescue is stopped, it will cost the County/State thousands and thousands of dollars (because rescue saves them money by taking animals they would otherwise kill - which costs taxpayers $$)

5. If the people you are contacting are elected officials - you will not vote for them again.

6. If rescue is stopped, you will limit your spending in those counties as much as possible.

7. The rural shelters that we help will suffer even more since they have so much less than we do now. If we couldn't help them, a 100% kill rate in their shelters is possible.

8. If you are not a rescuer (just an animal lover), this impacts you too - write to these people about how you would feel about rescue going away and tens of thousands of additional animals dying every year.

You guys are all good at this - you have the facts. Use your heart to write the rest.

Contacts:

Board of Supervisors – Arlington County
Board of Supervisors	countyboard@arlingtonva.us
J. Walter Tejada/Chairman	wtejada@arlingtonva.us
Barbara Favola, Member/ViceChair	bfavola@arlingtonva.us
Jay Fisette, Member	jfisette@arlingtonva.us
Mary Hynes, Member	mhynes@arlingtonva.us
Christopher Zimmerman/Member	czimmerman@arlingtonva.us
Arlington Zoning Administrator: Melinda Artman	martman@arlingtonva.us
Senate – Arlington County
Patricia S. Ticer also covers part of Fairfax County	district30@sov.state.va.us
Mary Margaret Whipple also covers part of Fairfax County	district31@sov.state.va.us
House of Delegates – Arlington County
Robert H. Brink	DelRBrink@house.state.va.us
Albert C. Eisenberg	DelAEisenberg@house.state.va.us
David L. Englin	DelDEnglin@house.state.va.us
Board of Supervisors – Fairfax County
Fairfax County Board of Supervisors	http://www.fairfaxcounty.gov/opa/aboutbos.htm
Gerald E. Connolly/Chair	chairman@fairfaxcounty.gov
Sharon Bulova/ViceChair	braddock@fairfaxcounty.gov
John W. Foust/Dranesville Dist.	dranesville@fairfaxcounty.gov
Michael R. Frey/Sully Dist.	sully@fairfaxcounty.gov
Penelope A. Gross/Mason Dist.	mason@fairfaxcounty.gov
(Mr.) Pat Herrity/Springfield Dist.	springfield@fairfaxcounty.gov
Catherine M. Hudgins/Hunter Mill Dist.	hntrmill@fairfaxcounty.gov
Gerald W. Hyland/Mt. Vernon Dist.	mtvernon@fairfaxcounty.gov
Jeff C. McKay/Lee District	leedist@fairfaxcounty.gov
Linda Q. Smyth/Providence Dist.	provdist@fairfaxcounty.gov
Fairfax Zoning Administrator Eileen M. McLane	eileen.mclane@fairfaxcounty.gov
Senate – Fairfax County
George L. Barker	district39@sov.state.va.us
Ken Cuccinelli	district37@sov.state.va.us
Mark R. Herring	district33@sov.state.va.us
Janet Howell	district32@sov.state.va.us
Chap Petersen	district34@sov.state.va.us
Toddy Puller	district36@sov.state.va.us
Richard L. Saslaw	district35@sov.state.va.us
Patricia S. Ticer also covers part of Arlington County	district30@sov.state.va.us
Mary Margaret Whipple also covers part of Arlington County	district31@sov.state.va.us
House of Delegates – Fairfax County
David B. Albo	DelDAlbo@house.state.va.us
Kristen J. Amundson	DelKAmundson@house.state.va.us
David L. Bulova	DelDBulova@house.state.va.us
C. Charles Caputo	DelCCaputo@house.state.va.us
Adam P. Ebbin	DelAEbbin@house.state.va.us
Timothy D. Hugo	DelTHugo@house.state.va.us
Robert D. Hull	DelRHull@house.state.va.us
David W. Marsden	DelDMarsden@house.state.va.us
Brian J. Moran	DelBMoran@house.state.va.us
Kenneth R. Plum	DelKPlum@house.state.va.us
Thomas D. Rust	DelTRust@house.state.va.us
James M. Scott	DelJScott@house.state.va.us
Stephen C. Shannon	DelSShannon@house.state.va.us
Mark D. Sickles	DelMSickles@house.state.va.us
Margaret G. Vanderhye	DelMVanderhye@house.state.va.us
Vivian E. Watts	DelVWatts@house.state.va.us

Email list:

Also visit: http://www.fairfaxcounty.gov/opa/aboutbos.htm:

Please act NOW unless you want rescue to disappear.

Note: This is not an unsolicited email. You are receiving it because you are on my mailing list by choice. If you want to be removed, please email me.

Patti Stinson
Volunteer, www.aforeverhome.org
http://groups.yahoo.com/group/maarr
Founder (inactive), 4 Paws Rescue Team
www.fourpaws.org

__________________

The press release from A Forever Home follows:

AFHLogo

P. O. Box 222801

Chantilly, VA 20153-2801

Phone: 703-961-8690

Fax: 703-814-8543

info@aforeverhome.org www.aforeverhome.org

for immediate release

Virginia Counties Threaten Animal Rescue Groups’ Survival

County actions could lead to the disbanding of animal rescue groups who rely on foster homes to house the pets in their care. This would result in additional thousands of pets being needlessly euthanized.

CHANTILLY, VA September 11, 2008: In two separate Virginia counties, animal rescue group foster homes have been cited for zoning violations with respect to the temporary housing of dogs as a volunteer service to a legitimate 501(c)(3) animal rescue organization. In neither case are the foster homes being cited for exceeding County zoning guidelines concerning the number of dogs being kept; the assertion is that dogs are being housed for commercial purposes.

In Fairfax County the relevant sections of the Zoning Ordinance are Paragraphs 5 and 6 of Sect. 2-302. The notice of zoning violation states, in part:

“The keeping of dogs and/or cats in conjunction with an animal rescue service is not a permitted use in the R-3 District. Therefore, … these animals are not for personal use and enjoyment; rather they are kept for commercial purposes.”

Arlington County is more succinct:

CODE OR ORDINANCE	VIOLATION
Arlington County Code, Zoning Ordinance, Section 31.12.b.(6) and Section 31.12.b.(6) (amended)	Operating a kennel, boarding facility or adoption center form [sic] a residence in an R2-7 Zoning District.

The zoning ordinances in each county allow for citizens to keep dogs, within guidelines, for their own “personal use and enjoyment”; however, since the animals in question are kept in conjunction with a rescue organization, they are being considered “commercial use” and thus the right to house them is being challenged. A primary consideration for classifying something as “commercial” is a profit motive. The foster care providers that work with animal rescue groups are volunteers who offer their services without compensation, and frequently at great personal expense.

If the Counties are successful in classifying these volunteer services as commercial in nature, the ruling would force the closure of many hundreds of foster homes throughout Arlington and Fairfax Counties and would establish a precedent that could be emulated throughout the Commonwealth. These closures would cause an immediate influx of hundreds, if not thousands, of dogs and cats into the County shelters which are neither prepared nor funded to handle such volumes of animals. Since the shelters would be filled beyond capacity, this would mean the immediate euthanasia of many, if not most, of these highly adoptable animals. Additionally, the classification of volunteer services as a commercial activity could logically be extended to non-profit organizations such as the Girl Scouts of America (troop leaders, annual cookie drive), the Susan G. Komen for the Cure foundation (fundraising events), church functions (bible study classes, fundraising activities), and innumerable others.

Ironically, even though Fairfax and Arlington Counties are citing rescue volunteers for fostering in their homes, the Counties themselves use citizen-based foster programs within their shelter program (Fairfax) or by their contracted shelter provider (Arlington).

The Commonwealth of Virginia has received national recognition for the adoption of strict new dog fighting and puppy mill laws. In a 2007 study, the HSUS found nearly 1,000 puppy mills operating in Virginia. Of those, only 16 were properly licensed. As of January 1, 2009, the date that the new Virginia puppy mill law goes into effect, each of these puppy mills will be limited to 50 dogs over one year of age. The remainder will be surrendered to shelters, sold, or killed.

As evidenced by the recent puppy mill bust in West Virginia, where over 1,000 dogs were saved, it is the rescue groups who step up to handle the sudden glut of dogs – publicly supported shelters do not have the capacity. A finding that volunteer foster homes are serving a commercial purpose could put the rescue group safety net out of service, forcing the euthanisia of untold thousands of dogs and puppies all at tremendous expense to Virginia taxpayers.

About A Forever Home Rescue Foundation

A Forever Home Rescue Foundation (AFH) is an IRS-approved 501(c)(3) non-profit (Tax ID: 43‑1977921) incorporated in Virginia on September 11, 2002. AFH rescues at-risk dogs, provides them with needed medical attention and places them into loving new “Forever Homes”. In an average year, AFH places over 1,000 dogs into new adoptive homes. The organization is also instrumental in the transport of thousands of dogs from rural shelters to other pre-screened, reputable rescue organizations all along the eastern seaboard.

AFH has also been a key participant in many animal-related activities over the years. The rescue group made five separate trips to the New Orleans area following Hurricanes Katrina and Rita, rescuing nearly 150 stranded dogs. It was also a key participant in the recent shutdown of a West Virginia puppy mill that rescued over 1,000 dogs from the hardships of a puppy mill life (see www.aforeverhome.org).

During the 2007 reporting year, the A Forever Home Rescue Foundation alone placed 875 dogs with new adoptive families and had 105 animals on hand at the end of the year. When aggregated with all reporting entities in the Commonwealth, the number of dogs and cats that could potentially be impacted by this action on an annuallized basis approaches 250,000.

A Forever Home Rescue Foundation is expending thousands of dollars in legal fees to protect its foster home network. These are funds that would be better spent taking care of the animals.

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Fairfax County Zoning Ordinance Paragraphs 5 and 6 of Sect. 2-302:

http://www.fairfaxcounty.gov/dpz/zoningordinance/articles/art02.pdf (see Page 9)

Fairfax County Animal Shelter Foster Program:

http://www.fairfaxcounty.gov/police/animalservices/pdf/FCASDOnlineApplication.pdf

Fairfax County Board of Zoning Appeals - Appeal Number: A 2008-SP-025

Arlington County Zoning Ordinance Section 31.12.b.(6):

http://www.arlingtonva.us/departments/CPHD/planning/zoning/pdfs/Ordinance_Section31.pdf (See Page 5)

Arlington County Animal Shelter Foster Program:

http://www.awla.org/foster.shtml

Arlington County Department of Community Planning, Housing and Development Planning Division – Reference Number: CE083516

Virginia Puppy Mill Law: