Dog breeders say SPCA hypes cases for publicity

Philadelphia animal-cruelty officers say six Lancaster County breeders sold sick, defective dogs at an Ohio auction last October and should be prosecuted for animal abuse.

The breeders say the investigators fabricated phony abuse in a stunt to fan media attention and spur donations from pet-lovers.

A judge will decide who's right, because the breeders have filed a federal lawsuit against the Pennsylvania Society for the Prevention of Cruelty Against Animals (PSPCA) and Main Line Animal Rescue.

The breeders accuse the groups of maligning their businesses as puppy mills and ignoring a county prosecutor's advice that they lacked the evidence and probable cause to file criminal charges against the breeders.

"The defendants' pursuit of baseless charges in an effort to raise revenue and gain media attention . . . is outrageous," attorney Leonard G. Brown III wrote in a 45-page complaint filed last Thursday in U.S. District Court in Philadelphia.

The breeders who are suing are Nathan Myer, Stevie Stoltzfus, Ella Mae Zimmerman, James Zimmerman, Loren Nolt and John Fisher. They're seeking unspecified punitive and compensatory damages.

The six breeders sent 217 unwanted dogs to auction in rural Baltic, Ohio, in October, according to the complaint.

Bill Smith, executive director of Main Line Rescue, heard of the auction and went to the sale with PSPCA agents in a quest to find evidence of animal abuse, the lawsuit alleges.

The group bought 12 Lancaster County dogs and trucked them home, saying that all showed signs of neglect and abuse.

PSPCA officials prepared criminal charges against the breeders, even though the dogs' only problem was "tartar on their teeth and worms" and even though several veterinarians had examined them and cleared them for sale before the auction, according to the complaint.

Lancaster County District Attorney Craig W. Stedman's office refused to approve charges, raising concerns about probable cause, the evidence's chain of custody and related issues, according to the lawsuit.

Still, the PSPCA filed summary charges against the breeders in district courts and put out a news release proclaiming "Flight to Freedom for Puppy Mill Dogs - Ohio Dog Auction."

After many meetings with Stedman's office and the breeders' attorneys, the PSPCA in December withdrew criminal charges against the breeders.

The breeders accuse the PSPCA and Main Line Rescue of invading their privacy, conspiring to maliciously prosecute them, inadequately training their staff in investigation and subjecting the breeders to derision, hate and humiliation.

Yesterday, Smith, of Main Line Rescue, referred comment to attorney William Lamb, who represents the agency and the PSPCA. PSPCA spokeswoman Gail Luciani said she hadn't seen the lawsuit and so couldn't comment.

Lamb denied that Smith and his group had fabricated the abuse allegations to drum up donations.

"Bill Smith needs no help in raising money," Lamb said of Smith, whose animal activism has earned him widespread recognition including an appearance on Oprah Winfrey's show.

Lamb insisted that the animal investigators had found abuse.

"We are looking forward to trying this case, because all of this stuff is going to come out," Lamb said.

Lamb said he would file a response to the lawsuit within three weeks.