This Order by Judge Sutter did not order that the PRI animals were to be transferred immediately to other shelters as some newspapers reported. Instead this Order was in reference to any future transferring of the animals which possibly could or would occur during the course or at the end of the trial.
The Pet Rescue is also presently facing charges levied against them by
Attorney General Lisa Madigan's Office. These charges are based on possible financial improprieties stemming from solicitation of charitable donations while not being licensed to do so, misuse of charitable funds and other violations of specific requirements outlined in The Consent Decree of 2004, a signed agreement between the Attorney Generals Office and Dale Armon in exchange for the right to keep the PRI facility open when last it was under investigation by the Attorney Generals Office some 6 years ago for similar wrong doing. While PRI is under investigation and awaiting the Trial, The Attorney General has frozen PRI's assets other than monies to be used to maintain and operate the Bloomingdale facility and care for animals residing there. A Status Hearing in relation to the aforementioned pending charges is scheduled February 16, 2010 at the State of Illinois Building in Chicago.
In addition to these two upcoming Trials, PRI is also under investigation by the
Bloomingdale Building and Zoning Committee for continued violations of
Bloomingdale's Special Use Permit Agreement which went into effect in 1979. Under this Agreement, requirements were stipulated under which PRI agreed to operate in order to maintain their Special Use Permit to operate as a Shelter in the municipality of Bloomingdale.
The first Hearing on those violations was held on the evening of
January 19, 2010 and has been continued to the evening of February 16,
7:30 pm. at the Village of Bloomingdale Village Hall. (Open to the Public)
Finally, beside the charges facing PRI from the States Attorneys Office, The Attorney Generals Office and the Village of Bloomingdale, PRI has also been tried and judged in respect to charges levied against them by
The Illinois Department of Agriculture (IDOA).
Since all Animal Shelters in the State of Illinois operate under the jurisdiction of IDOA and are therefore governed by The Animal Welfare Act, The Humane Care for Animals Act and The Dead Animal Disposal Act, any violation of these Acts may result in disciplinary action by IDOA ranging from fines to suspension or revocation of their licenses depending on the severity of the offenses.
After numerous violations of these Acts and subsequent Hearings, the Administrative Judge of IDOA revoked PRI's license after a final Hearing on August 27 and 28, 2009 and PRI shortly thereafter ceased to be able to operated as a Shelter; thus banning it from taking in more animals or adopting them out.
A short time later this Revocation was challenged through the appeal process by Rick Schoenfield, Attorney for PRI. The Administrative Judge of IDOA subsequently denied the Appeal and the Revocation was upheld on
November 5, 2009 making PRI once again an unlicensed facility unable to take in more animals or adopt any out.
On January 14, 2010 Rick Schoenfield, the attorney for PRI, once again appealed the Revocation of PRI's license. This time Attorney Schoenfield appealed it as a civil case to Honorable Judge Bonnie Wheaton of the DuPage Circuit Court and this time Judge Wheaton ordered a "Stay" to IDOA'S Revocation and PRI had their license temporarily reinstated thus granting them the right to operate again as a Shelter and "adopt" out animals (free of any charges) to the public.
It is noteworthy to be aware that Judge Bonnie Wheaton had never previously been involved in the IDOA case against PRI.
It is also noteworthy that because this was appealed as a "Civil" matter, the legal counsel of IDOA per the law was not allowed to plead its own case before Judge Wheaton. Instead, from what has been reported, IDOA was represented by counsel from the Attorney Generals Office. Judge Wheaton's information about the case was, therefore, not presented by the IDOA authorities per se who knew all the nuances about the case and the charges from day one, but instead by another governmental agency other than their own.
Honorable Judge Bonnie Wheaton's handwritten Order is as follows:
The next Hearing involving this Judicial Review of IDOA's Revocation of PRI's License by a civil court, Judge Bonnie Wheaton presiding, is March 16, 2010, 9:30 a.m., Rm. 2007 at the DuPage County Courthouse. (Open to the Public)
Once again, Judge Ron Sutter's Order pertained to the ongoing criminal case pending with the States Attorneys Office and was in reference to future guidelines for transfer of animals still at PRI to other licensed Shelters in Illinois in good standing with IDOA.
Honorable Judge Bonnie Wheaton's Order pertained to the appeal and Judicial Review of IDOA's revocation of PRI's license and was a decision reached in a civil court case and ordered an immediate "Stay" on the Revocation of the IDOA License decision, thus once again giving PRI the temporary status of a "Licensed" Shelter and the authority to adopt out the remaining animals at the Shelter even though those animals are in some cases the very same animals PRI has been accused of allegedly mistreating in both the States Attorney's Criminal case against PRI and the Department of Agriculture case against PRI.
When approached by many concerned citizens to Petition the Courts for an Emergency Hearing on the matter, Assistant States Attorney Mandy Meindl and the States Attorney's Office refused to take such action.
Respectfully submitted,
Sharon Seremek
