If Leona Helmsley was betrayed as much in life as she is being betrayed in death, it’s easy to understand why she might have become the bitch — and we’re not talking female dog — she was so often portrayed as.
In the latest development with the wealth she left behind, a second judge has ruled, in effect, that the foundation divvying up her fortune among charitable groups need not follow her express wish that much of that money be spent on the care of dogs.
The judge denied a bid by the ASPCA, the Humane Society of the United States and other animal groups to get a larger share of Helmsley’s billions.
Although Helmsley directed a share of her massive fortune go to “the care of dogs” — that being in addition to the $12 million she asked be left to her own dog — the Helmsley Foundation’s trustees have seen fit to dispense most of the foundation money among organizations that have little or nothing to do with canines.
According to the animal welfare groups, only about $100,000 of the $450 million the foundation has given away has gone to dog causes.
The dog charities argued they should have standing to challenge how the foundation gives away its money in light of Helmsley’s written statements and last wishes. Wayne Pacelle, president of HSUS, called the $100,000 received so far ”a trifling amount, and contrary to Helmsley’s intentions.”
Surrogate’s Court Judge Nora Anderson in Manhattan rejected the bid by the animal welfare organizations to intervene in the case, agreeing with a judge who ruled earlier that the trustees have sole discretion in how to distribute the money, the New York Post reported yesterday.
She said she feared the groups’ challenge could open the floodgates to countless lawsuits from dog organizations around the world.
It’s hardly the first time Helmsley’s last wishes have been overruled since her death: Of that $12 million she left in her will for the care of her Maltese, named Trouble, a judge reduced the amount to $2 million.
Beyond what she intended to leave for the care and feeding of Trouble, Helmsley had another $5 to $8 billion, according to estimates of the trust’s worth.
Helmsley, who died in 2007, wrote in a 2004 mission statement for the trust that she wanted that money used for “1) purposes related to the provision or care of dogs and 2) such other charitable activities as the Trustees shall determine.”
In 2009, though, the Surrogate’s Court found that the mission statement did not place any legal restrictions on what donations could be made from the trust.
Later that year, the ASPCA, the Humane Society and Maddie’s Fund, filed a motion asking the court to vacate its earlier order and allow them to intervene. The primary interest of those groups was not, of course, in seeing solely that Helmsley’s wishes were honored, but neither, it seems, are the foundation’s. The animal welfare groups’ goals seem more aligned with her wishes, though.
By all descriptions, the so-called ”queen of mean” was a hard-hearted woman, with one soft spot — dogs.
The foundation doling out her fortune doesn’t seem to have a whole lot of respect for dogs, or for Helmsley.
I’m no legal expert, just a dog lover, and I’m not asking for Trouble. But if I arranged to leave my fortune – non-existent though it may currently be — to my dog Ace, or anywhere else, and you didn’t carry out my wishes, you can be sure I’d be back to haunt you.
I’d show you mean.
Posted by jwoestendiek May 9th, 2011 under Muttsblog.
Tags: animal welfare, animals, aspca, bequeath, bequest, billions, bitch, charities, death, dogs, editorial, fortune, groups, helmsley foundation, hsus, humane society of the united states, inheritance, intervene, judge, leona helmsley, mean, organizations, pets, queen of mean, ruling, trouble, wayne pacelle, will
The Supreme Court has ruled that videos showing dogfights and other acts of animal cruelty are protected by free speech.
The court, in an 8-1 decision, struck down a federal law designed to stop the sale and marketing of such videos. The justices concluded the 10-year-old statute was overly broad.
The case before the court stemmed from an appeal by Robert Stevens, of Pittsville, Virginia, who sold videos through his business, Dogs of Velvet and Steel. The tapes show pit bulldogs attacking other animals and one another in staged confrontations.
The high court threw out Stevens’ conviction for selling depictions of animal cruelty.
Stevens argued his 37-month sentence sentence was longer than the 14 months given professional football player Michael Vick, who ran an illegal dogfighting ring.
His case was the first prosecution in the United States to proceed to trial under the 1999 law.
Posted by jwoestendiek April 20th, 2010 under Muttsblog.
Tags: animal cruelty, chief justice, child pornography, conviction, crush videos, decision, depictions, dissent, dissenting, dog fighting, dogfighting, dogfights, dogs of velvet and steel, first amendment, free speech, hsus, humane society of the united states, john roberts, law, opinion, overturned, protected, robert stevens, ruling, samuel alito, speech, statute, struck down, supreme court, video
According to the old saying — at least as old as Shakespeare — every dog has his day.
In California they just got an extra one.
Interpreting a regulation that sets the “holding period” for a stray dog impounded in a public or private animal shelter at “six business days” (or, if certain exceptions apply, “four business days”), a state appeals court in San Francisco has ruled that Saturdays don’t count as business days.
The ruling was the first to interpret a 1998 California law that increased the holding periods for public and private shelters, according to the San Francisco Chronicle.
The ruling will affect Contra Costa County Animal Services and all other counties and cities with similar policies.
The case goes back to 2006, when a miniature pinscher named Duke, was impounded at a county shelter in Pinole on a Thursday. The shelter held the dog until the following Wednesday, when another person took him. Duke’s owner, Veena Purifoy, went to the shelter the next day the following to find him gone.
She sued both the county and the new owner, who relinquished Duke in a settlement, Evans said. The suit against the county challenged its claim that the shelter had held the dog for the required four business days.
Overturning a judge’s ruling in the county’s favor, the appeals court said the state law did not define business days but was intended to increase holding periods from the pre-1998 law, which required a 72-hour hold.
Excluding Saturday as a business day serves “the legislative goal of access, because longer holding periods will often provide more opportunities for redemption and adoption,” Justice Martin Jenkins said in the 3-0 ruling.
(Photo from Cafepress.com)
Posted by jwoestendiek March 31st, 2010 under Muttsblog.
Tags: animal, california, contra costa, control, days, duke, euthanasia, every dog has its day, holding period, impound, impounded, judge, law, lawsuit, limits, rescue, ruling, services, shakespeare, shelters, state appeals court, strays, time, tom hayden, veena purifoy
A couple agrees to care for a friend’s Chihuahua for the weekend.
The dog’s owner doesn’t pick her up when the weekend’s over; in fact, she doesn’t try to reclaim the Chihuahua, named Lola, for 10 months.
What’s the couple who cared for the dog owed?
According to the Nebraska Court of Appeals — the third court to hear the case — absolutely nothing.
The saga of Lola, a four-pound, black-and-tan Chihuahua, began Aug. 22, 2007, when Heather Linville of Lincoln asked her friends Travis Derr and Natasha Combs to care for her dog for the weekend, according to the Omaha World-Herald. Linville’s new apartment complex didn’t allow dogs, and she explained she needed time to make arrangements for her pet.
When, 10 months later, Linville asked to get Lola back, Derr and Combs said they wanted to keep the dog.
Linville summoned police, and the dog was returned to her, but Derr and Combs filed a small-claims court case, asking to be paid $2,700 for boarding the animal for 320 days.
A Lancaster County judge ruled in favor of Derr and Combs, a decision later upheld by a district judge. But the appeals court overturned the $2,700 judgment in a 3-0 ruling — proving, in my view, three heads aren’t better than one. What Lola’s owner did sounds to me like abandonment, pure and simple.
The court said Derr and Combs did not ask for compensation when they agreed to keep the dog for the weekend. They should have notified Linville if they were no longer willing to keep Lola for free, the panel said. The court said the couple was entitled only to reimbursement for a $152.98 veterinarian’s bill.
Posted by jwoestendiek January 4th, 2010 under Muttsblog.
Tags: abandoned, abandonment, animal law, animals, appeals court, case, chihuahua, courts, custody, dispute, dog, dogs, friends, heather linville, lancaster county, law, legal, lola, natasha combs, nebraska, ownership, pets, petsitting, ruling, travis derr
Ofcom — the UK’s equivalent to our FCC — has ruled that the controversial BBC documentary “Pedigree Dogs Exposed” was mostly fair, but didn’t give Kennel Club officials a chance to fully respond to all of the allegations it made.
“Pedigree Dogs Exposed,” which is receiving its first U.S. airing tonight, alleged that events such as the Crufts dog show awarded top prizes to unhealthy and inbred animals and encouraged breeders to place appearance above health concerns.
Ofcom said that the way the film was edited was fair and that the Kennel Club was not, as it claimed, deceived about its purpose.” However, it added, the Kennel Club was “not given a proper opportunity to respond to an allegation about eugenics and a comparison with Hitler and the Nazi Party, or an allegation that it covered up the nature of an operation carried out on a Crufts Best in Show winner”.
The Kennel Club made complaints about the program in five areas. Ofcom — here’s the full ruling — rejected complaints in four of these areas stating that there was “no unfairness.”
Only the Kennel Club’s fifth complaint was deemed somewhat valid. The Kennel Club said it was not given an appropriate opportunity to respond to 15 specific allegations, and Ofcom agreed that was in the case for four of the 15.
In one of those, Jeff Sampson, the Kennel Club’s senior scientific adviser and spokesman, “was not given the chance to show how seriously he took the health problems confronting pedigree dogs,” Ofcom said.
The BBC said it stood by the program. “While we note Ofcom’s findings regarding some aspects of Pedigree Dogs Exposed, we stand firmly by the programme, which was clearly in the public interest, and we stand firmly by its conclusions,” said a spokesman for the BBC.
“The broadcast has accelerated unprecedented reform in the way pedigree dogs are bred, including new limits on inbreeding, changes to the written standards of 78 breeds of dog and a new code of ethics which prohibits the culling of puppies for cosmetic reasons,” he added.
Posted by jwoestendiek December 10th, 2009 under Muttsblog.
Tags: allegations, appearance, bbc, breeds, complaint, crufts, disease, documentary, dogs, eugenics, fairness, fcc, genetics, health, hitler, investigation, jeff sampson, kennel club, nazi, ofcom, pedigree dogs exposed, ruling, scientific adviser