ARGYLE, NY (WRGB) — After the shocking discovery of 21 dogs found dead at a Washington County boarding facility, grieving pet owners say New York’s animal cruelty laws are adding insult to injury.
The owners of Anastasia’s Acres Dog Boarding in Argyle, Robert and Anastasia Palulis, are facing misdemeanor animal neglect charges. Investigators say a lack of ventilation and water led to the deaths.
For Leah and Robert Brown, whose 8-month-old dog Rex was among those that died, the pain has been compounded by what they’ve learned about the law.
“They took our babies from us,” Leah Brown said. “Our baby that was just 8 months old. That was our life right there.”
Brown said when she reached out to attorneys about taking legal action, she was told her options were limited because of how New York law views animals.
“They consider animals property damage. How is that possible?” she said. “They have feelings. They have a heartbeat, they have love. They should be treated like human beings.”
Under New York law, animals are considered property — no different than a piece of furniture. That means in civil court, owners can only recoup the purchase price of their pet, not veterinary bills or emotional damages. Brown says she hasn’t even received a refund from the boarding facility.
Attorney Donald Chesworth of Tully Rinckey PLLC said the classification creates challenges for both pet owners and prosecutors.
“The owner really doesn’t have a claim unless the damage was intentionally committed,” Chesworth said. “If it’s negligence, then it’s probably a misdemeanor charge.”
Because animal cruelty laws are written under the state’s Agriculture and Markets Law, rather than the Penal Law, advocates argue cases are harder to prosecute and often result in lighter penalties.
“It makes it much more complicated for a law enforcement officer, for example, to charge somebody when they’re not really familiar with the Agriculture and Markets Law,” Chesworth added.
Advocates have pushed for years to move animal cruelty statutes into New York’s Penal Law, which they say would strengthen penalties and make enforcement more straightforward. So far, those efforts have not passed.
Meanwhile, families like the Browns say their grief is made worse by a system they feel doesn’t recognize the value of the lives lost.
