closepetrescueinc

Once Again!!!!!!!!!!!

2010-07-27T15:25:00.000-07:00

People of the State of Illinois vs. non other then Dale D. Armon
Thursday July 29, 2010
@ 8:30 am
courtroom 4007
Please join us

NEXT COURT APPEARANCE DALE ARMON

2010-04-22T19:42:00.000-07:00

People of the State of Illinois vs. Dale Armon
APRIL 27, 2010
Tuesday @ 8:30 AM
Court Room #4007T
The Honorable Judge Ronald D. Sutter
503 South County Farm Road
Wheaton, IL

Seeking a happily ever after for pets

2010-04-14T08:48:00.000-07:00

Daily Herald Editorial Board
Published: 4/13/2010 12:00 AM

A happy ending.
That's what everyone wanted for the animals freed from Pet Rescue, now closed after operators were charged with abuse, stripped of their license and accused by the state of misusing some donations.
And for the animals - more than 127 cats and several dozen dogs from the Bloomingdale shelter as well as others from a Pet Rescue farm near Hebron - it really is a new beginning. Photos of some of the animals enjoying hugs and warm sunshine after, in some cases, a decade spent caged in a basement warmed our readers' hearts on Sunday (see photos elsewhere on dailyherald.com).
Volunteers, former clients and former employees deserve a world of thanks for a tenacious, years-long push to get Illinois authorities to close Pet Rescue. So do other no-kill shelters that made room for the influx of needy animals - Save-A-Pet in Grayslake, Tails Humane Society in DeKalb and the Hooved Animal Rescue and Protection Society in Barrington Hills.
If you were touched by the plight of Licorice, Woody, Serena and the other Pet Rescue refugees, you need to know that their happy ending isn't quite here yet. But it's well within reach.
Aside from a few animals adopted immediately - such as Ella, who went home with former Pet Rescue volunteer Susan Lillis - most have not yet found permanent homes.
That's where you can help, even if you can't take one in.
It takes a tremendous amount of work to socialize the animals at their new shelters, give them walks and attention and keep their cages clean and their bowls full of food and clean water.
Many people don't believe they have the wherewithal to own a pet in these tough times, but a few hours a week of volunteering at a shelter is a great help and a way to share the love of some remarkable animals. Shelter pets need foster homes, too - a great solution for animal lovers wary of a long-term commitment to pet ownership.
No time to volunteer? Cash helps, of course. If you think it's expensive to feed and provide veterinary care for one pet, try doing it for hundreds.
And if you're willing to adopt, now's the time.
The recession left pet shelters overstuffed and underfunded even before the arrival of the hundreds from Pet Rescue. Adopting a dog or cat - even if it's not one of the Pet Rescue animals - frees up time and resources for those still hoping for homes. By adopting one animal you're helping two - the one going home with you and the one who gets to take its spot.
We know that stories of animals in need tug at our readers' hearts. Let's hope this one keeps tugging for a little longer. Thankfully, the Pet Rescue animals are out of the woods. But they still could use your help.

A night to remember

2010-04-13T15:16:00.000-07:00

Revocation of Special Use Permit
On April 12, 2010, the Village of Bloomingdale trustees passed an ordinance revoking the special use permit for Pet Rescue Inc.

Elgin woman rescue animals

2010-04-13T12:43:00.000-07:00

http://link.brightcove.com/services/player/bcpid18011347001?bctid=77296900001

Pet Rescue dogs at Grayslake shelter

2010-04-13T12:39:00.000-07:00

http://link.brightcove.com/services/player/bcpid18011347001?bctid=77322626001

free at last free at last thank god in heaven they are free at last

2010-04-11T18:49:00.000-07:00

After a decade of neglect, animals get care

By Christy Gutowski Daily Herald Staff
Published: 4/11/2010 12:03 AM

As Peggy Sue wags her tail and offers kisses, she appears happy and healthy, though she's more than a tad gray in the whiskers.
But deep scars on the old pit bull's face reveal her painful past.
For 12 years, she lived in a cage with minimal human contact or outdoor runs; she sometimes fought with other dogs. Instead of a blanket, newspaper lined her cage, which for several years was kept in a damp basement. She often slept in feces.
Peggy Sue is one of several dozen dogs and cats being rehabilitated after surviving neglect at the now-shuttered Pet Rescue in Bloomingdale. After a decade of accusations that they hoarded animals, the elderly operators of the no-kill shelter were charged with abuse, stripped of their license and accused by the state of misusing of some donations.
Since February, as many as 200 animals were adopted out or transferred to other shelters.
Tails Humane Society in DeKalb took in 127 cats, 17 dogs, 15 doves and one bunny. Executive Director Beth Drake said most won't be ready for adoption for a long time. They'll receive intensive therapy and training, through positive reinforcement, aimed at making them gentle, loyal pets. Some may never heal from their traumatic pasts.
Still, Drake is hopeful.
"It takes a long time to make them this way, but it also takes a long time to get them back to a point where they will make a good companion," she said. "I do think there's a lot of potential for these guys. They need a lot of patience."
Nearly two dozen dogs and cats that Drake identified as needing the most special attention went to Save-A-Pet Adoption Center near Grayslake, which has large indoor/outdoor kennels and yards sprawled across 5 acres.
The dogs include Angel, Bosco, Job, Licorice, Serena, Woody.
And Peggy Sue.
Best of intentions?
In 1973, Dale Armon opened Pet Rescue with dreams of replicating similar no-kill sanctuaries across the country where homeless animals would be rescued, neutered and placed in loving homes.
Those deemed unadoptable would be moved to rural farms, where they'd be cared for until death. The young widow also wanted to create her own line of pet food. In almost a foreshadowing of things to come, Armon had 22 cats and a couple dogs in her Chicago apartment in the first two months before the shelter at 151 Bloomingdale Road opened.
More than three decades later, the 75-year-old Armon tearfully defended herself during an April 2 DuPage County court hearing against allegations the animals were often in overcrowded, filthy conditions without adequate medical care.
"These animals are my life," she said, seated in a wheelchair. "I am devoted to Pet Rescue."
Armon continues to fight misdemeanor charges. But her longtime manager, Penny Horak, 70, was sentenced to two years' court supervision and barred from running another animal facility after she pleaded guilty to violating her duties. Prosecutors dropped an animal cruelty charge.
DuPage Judge Ronald Sutter said the animals, though not physically abused, suffered "severe" neglect.
Prosecutors described conditions - animals covered in feces; mucus caked on walls; mice infestations; scum-filled water bowls; food shortages; the smell of urine permeating the air.
"Many witnesses would testify these were daily conditions," prosecutor Amanda Meindl said.
An apologetic Horak said she tried her best. Her attorney, Rick Schoenfield, said the homeless animals received better care than if never rescued. Finding a sick animal in a shelter is akin to a sick patient in a hospital, he argued.
But, for more than a decade, many former clients, volunteers and workers accused authorities of turning a blind eye as animals suffered in silence. The critics said the operators hoarded animals, often denying suitable adoptions. Workers said they had to sign confidentiality agreements and were fired when they complained.
Ethel Lillis of Elgin said she volunteered there on and off for 15 years.
"It got progressively worse," she said. "I saw some horrible things, but I kept my mouth shut. Like other volunteers, I was there out of love for the animals."
Former volunteers Kris Nesheim and Mary Huspen in July 2008 formed "Operation Mia," named after a sick cat that had to be euthanized. Members documented shelter conditions, hired their own attorney, picketed, badgered public officials and set up an Internet site urging its closure.
The state revoked Pet Rescue's license in November for repeated violations. Months earlier, Illinois Attorney General Lisa Madigan filed suit after accusing Armon of personally spending some of the nonprofit's sizable annual donations - $1.26 million collected between 2006 and 2007 - as well as violating a consent decree that grew from an earlier lawsuit forcing full financial disclosure.
The latest suit is pending, but assets were temporarily frozen.
"At least the animals are in good shelters and have a second chance," said Nesheim, of Bloomingdale, who helped gather evidence used to prosecute the women. "But shame on everyone that overlooked the situation for so many years. It shouldn't have taken this long."
Armon also gave up custody of sheep, goats, horses, donkeys, chickens and a potbelly pig on a Pet Rescue farm in Hebron, near the Wisconsin border.
Resilience
For more than a year, state agriculture officials regularly inspected Pet Rescue as part of the licensing investigation.
Still, Drake from Tails Humane Society and Dana Deutsch, Save-A-Pet's manager, said most cats they're treating were sick and malnourished. The dogs were in decent physical shape, though, the women agreed, but behavioral challenges ranging from anxiety to aggression will require months of intensive therapy.
Those deemed unsuitable for adoption may have to be euthanized.
Each dog's personality is being evaluated. For example, Peggy Sue is afraid of men. Woody isn't used to being touched, but the tidy pooch will crouch down on his front legs in a play bow. Job, who came to Pet Rescue after he was abandoned in Naperville, is skittish but gaining confidence. Licorice is starved for affection, and isn't shy about letting it be known.
"These dogs have lived in really bad circumstances," Deutsch said. "Some can open up immediately, and some will take a lot longer to let their walls down and trust. Here, they're getting attention and love. Even given what these dogs have been through, they're amazing. It just shows you the resilience of an animal."
She said one cat who lived at Pet Rescue for two years was adopted within one day. A dog, Ella, at Pet Rescue since 1999, also found a home. Lillis' daughter, Susan, took her home after falling for her two years earlier while a shelter volunteer.
Ella enjoys at least six walks a day, playing with her two new feline friends and sleeping on a special orthopedic dog bed to help her arthritis.
"This is a dog they thought wasn't adoptable," Susan Lillis said. "She's the gentlest, sweetest, happiest dog. There's no reason why she shouldn't have had this love years ago."
Then there's Peggy Sue, who Deutsch said covers her in kisses upon sight and has made other strides, too. The two became fast friends. In fact, she is Deutsch's favorite.
"She is a special girl, and I think that face will just melt people's hearts," Deutsch said.
Peggy Sue, as it turns out, may just end up being one of the lucky ones after all.
To learn more, visit tailshumanesociety.org and saveapetil.org.

No - kill animal shelter manager admits neglect

2010-04-11T18:40:00.000-07:00

Volunteers at now-shuttered Bloomingdale facility say animals were emaciated, covered in feces

April 02, 2010By Art Barnum, Tribune reporter

The manager of a no-kill animal shelter in Bloomingdale pleaded guilty Friday to mismanaging the shelter and was sentenced to two years of court supervision.
Penny Horak, 70, of Winfield, manager of Pet Rescue, a 37-year-old animal shelter that was forced to close recently, pleaded guilty to four counts of violation of owner's duty.
Criminal charges were filed in 2008 against Horak and Dale Armon, 74, of Berkeley, the shelter's owner, after volunteers complained of numerous instances of neglect. Armon has asked for a trial.
"What started out as a noble venture years ago went bad," said DuPage Judge Ronald Sutter, who earlier this year ordered the shelter to turn over its nearly 200 animals to other shelters.
"I understand that this was a no-kill shelter, but that level of neglect was severe," Sutter said.
Assistant State's Attorney Amanda Meindl said that the shelter was unsanitary, housing emaciated animals covered in feces. The charges stem from overcrowding and insufficient care of the animals, some of which had to be euthanized.
Last year the state took away the license of the shelter at 151 N. Bloomingdale Road.
Horak, who could have been sentenced to as much as six months in the county jail, apologized and said, "I tried my best."
abarnum@tribune.com

Guilty plea in Pet Rescue shelter abuse case

2010-04-02T20:05:00.000-07:00

By Christy Gutowski | Daily Herald Staff

Published: 4/2/2010 5:27 PM

A noble venture that went bad.

That's how a DuPage County judge described the long saga of a Bloomingdale no-kill animal shelter whose two operators long were accused of hoarding animals and providing improper care.

One of them, Penny Horak, 70, pleaded guilty Friday to a misdemeanor charge of violating her duties while managing Pet Rescue at 151. N. Bloomingdale Road. She was sentenced to two years' court supervision and barred from ever again running another animal facility in Illinois.

Prosecutor Amanda Meindl told DuPage Judge Ronald Sutter that Horak turned a blind eye and deaf ear to the problems.

"Animals were covered in feces," Meindl said, while showing the judge photos. "There was a strong smell of urine. Mucus from sick animals was caked on the walls. There were mice infestations. These were daily conditions."

Horak apologized and said she tried her best. This marked her first arrest. In exchange for her admission of guilt, prosecutors dropped misdemeanor animal cruelty allegations.

Horak could have been sentenced to up to six months in jail and a $1,500 fine.

"My primary concern was the animals," Sutter said. "It is my understanding that all of the animals have either been adopted out or transferred to other no-kill shelters."

He continued: "What may have started out as a noble venture as an organization to care for homeless animals, after many years, for whatever reason, it went bad. There was never any allegation of beating or intentional cruelty but, on the other hand, I believe the level of neglect has been severe."

Pet Rescue owner Dale Armon faces similar misdemeanors. She opened the shelter in 1973. The 75-year-old woman is fighting the charges. She is due back in court April 27.

Former shelter clients, volunteers and workers have urged village, county and state officials for more than a decade to shut down the facility. They even hired their own attorney to try to intervene and also set up an Internet site with photos of severely ill cats and dogs and the conditions of squalor in which the animals were housed.

After years of legal wrangling, the state revoked Pet Rescue's operating license. Illinois Attorney General Lisa Madigan also sued Pet Rescue after accusing Armon of spending the nonprofit shelter's funds for personal use, as well as other alleged infractions. The suit is pending, but assets were frozen. An estimated 200 cats, dogs and other animals were adopted out or transferred to other shelters for care.

Defense attorney Rick Schoenfield denied shelter conditions rose to a level that supports criminal allegations. He said finding sick animals in a no-kill shelter is the same as sick people in a hospital. He noted Horak's age, medical issues, clean criminal record and letters of support from some of those with whom she's worked.

"She never did this for anything other than altruistic reasons and a love of animals," Schoenfield said. "Whatever happened, her motives were always good."

PRI demise

2010-04-02T13:13:00.001-07:00

Penny pleads guilty. Judge sets trial date for Dale Armon.

and the final disposition for Dale and Penny are........

2010-04-02T11:14:00.000-07:00

Plea or court date?

today @ 1:30pm
Wheaton court house
room 4007

151 N. Bloomingdale Road, Bloomingdale, Il

2010-03-25T15:20:00.000-07:00

Not a creature was stirring not even a mouse...........................................................

Village revokes Pet Rescue license

2010-03-25T12:00:00.000-07:00

By Erin Sauder, esauder@mysuburbanlife.com
Suburban Life Publications
Posted Mar 24, 2010 @ 05:38 PM
Glendale Heights, IL —

After years of controversy surrounding a Bloomingdale pet shelter accused of animal cruelty, the Bloomingdale Village Board voted unanimously to revoke its license Monday night.
The move was met by applause by former Pet Rescue volunteers who attended the board meeting.
“I feel good that the animals are safe and get the chance they deserve,” said Kris Nesheim, who long has advocated for the shelter to be shut down. “That’s definitely a good thing.”
Monday night’s vote gives village staff the go-ahead to draft an ordinance to revoke the shelter’s license. It will come back to the Village Board for approval in April.
Before the vote was taken, several members of the audience pleaded with the village to close down the shelter.
Shelter manager Dana Deutsch of Grayslake-based Save-a-Pet said she was horrified by the condition of 11 cats which recently came to her shelter from Bloomingdale’s Pet Rescue.
“Every single one of them was extremely sick,” she said.
Deutsch praised the Village Board for considering the license revocation.
“For what you’re looking to do, I thank you,” she said.
Mary Huspen, a former Pet Rescue worker, said the facility was supposed to be a no-kill shelter.
“Instead it ended up being a facility for two hoarding individuals and a slow-kill shelter,” she said.
Huspen said most of the animals have been removed from the shelter.
“The place is pretty much emptied out. Please don’t let them replenish it again with more animals,” she said.
Pet Rescue Director Penny Horak of Winfield and Shelter President Dale Armon of Berkeley are facing charges of animal cruelty and violation of owners’ duties for allegedly mistreating many cats and dogs while operating the shelter at 151 N. Bloomingdale Road.
Both have pleaded not guilty.
The Illinois Department of Agriculture revoked the shelter’s license in December.
Joanne Grossman said she reported Pet Rescue to authorities about 15 years ago because of the deplorable conditions she saw while working there, including animals surrounded in filth and being kept in the attic in the summer despite temperatures above 90.
“This is not a humane shelter, and it’s certainly not saving the animals,” she said.
In January, a DuPage County judge ordered Horak and Armon to begin transferring the nearly 200 animals housed there immediately to other shelters.
For 30 years, former Pet Rescue volunteers have been trying to close the shelter because of what they say are poor conditions for the animals kept there.
Illinois Attorney General Lisa Madigan also is suing Armon, accusing her of spending at least $70,000 of the nonprofit group’s funds for personal use since 2007.
The Bloomingdale Plan Commission recommended revoking the shelter’s license earlier this month after finding that Pet Rescue had become a safety hazard.
Testimony from the village prosecutor revealed the facility had a rodent infestation and that owners kept dead animals in the refrigerator. Exterior violations included a ceiling that had collapsed because of a leaky roof and leakage in the basement where animals were kept.
Another violation included other animals besides dogs and cats being kept on the premises, including birds and rabbits.
However, Pat Karolasz of Bartlett, a longtime volunteer and supporter of Pet Rescue, read a statement on behalf of Horak’s attorney, Rick Schoenfield, which said the Plan Commission improperly considered evidence.
“On the question of a health and safety violation, not a single professional testified there was a health violation,” she read. “Your police officers have been in the shelter, but none have reported a health or safety problem. Evidence did not establish a violation other than a technical violation of having a few animals that were not dogs or cats.”
She went on to read that “The village should not be acting on matters which the court has yet to decide.”
“Those who are going to be hurt by forcing the shelter out are homeless dogs and cats,” she said.
Copyright 2010 Carol Stream Press. Some rights reserved

Village of Bloomingdale March 22

2010-03-24T14:36:00.000-07:00

http://www.mysuburbanlife.com/photo_galleries/x673433342/Bloomingdale-Village-Board-Revokes-Pet-Rescue-License?photo=0

VOB Agenda for March 22, 2010

2010-03-24T14:28:00.000-07:00

Findings – Pet Rescue/151 N. Bloomingdale Road/ Revocation of Special Use Permit

I move, based on the Findings of Fact and Recommendations of the Plan Commission, to
authorize the preparation of documentation to revoke the special use permit heretofore
granted under Ordinance 79-23 for the use of the property at 151 N. Bloomingdale Road
as and for an animal sanctuary and pet hostelry for dogs and cats; to repeal said
Ordinance 79-23; and thereby, requiring the relocation of the animals housed therein in
an expeditious, safe and humane manner, consistent with sound veterinary practices, to
another no-kill animal shelter facility all in accordance with the exhibits and testimony
presented, and subject to the exceptions and conditions as set forth in the Findings of Fact.

Pet Rescue license at stake Monday in Bloomingdale

2010-03-24T14:18:00.000-07:00

By Elisabeth Mistretta Daily Herald Staff

The Bloomingdale village board Monday will consider whether to revoke the permit for Pet Rescue, the controversial no-kill animal shelter.
After listening to hours of public testimony at three monthly meetings this year, the village's plan commission already voted on March 2 to recommend revocation.
Village Administrator Dan Wennerholm said if Bloomingdale officials ultimately revoke the permit, that would mean the end of Pet Rescue's operations in the village. But, he added, Monday's meeting is just another step in the process and won't lead to any immediate change.
"There are no final decisions at this first board meeting," said Wennerholm. "If the board knows where it wants to go, it could direct the village attorney to prepare an ordinance that outlines those objectives. That ordinance would then come back at a future meeting."
Last year, the state revoked Pet Rescue's license after years of wrangling with the operators, Penny Horak and Dale Armon. The women are facing animal cruelty charges stemming from the operation of the shelter and are expected in DuPage County court April 2, for a hearing on pretrial motions.
Opponents of Pet Rescue have been urging the state and county to shut down the facility for years, claiming Armon and Horak are hoarding the animals and not properly caring for them.
Earlier this year, DuPage County Judge Ronald Sutter gave Pet Rescue operators permission to transfer nearly 200 animals being housed there to other Illinois shelters, although he did not specify a timeline.
"Before that they were not allowed to take in or let out any animals, since their assets were frozen and all they could do was take care of the animals," Wennerholm said.
DuPage County State's Attorney officials said nearly half the animals have already been transferred from the building at 151 N. Bloomingdale Road to other state-licensed shelters.
If Bloomingdale ultimately revokes Pet Rescue's license in a future meeting, Wennerholm said, it would "effectively mean they are done here."
"If an ordinance is passed, they would be given time to comply with respect to moving out," Wennerholm said. "But they would have to cease their operations within some given time frame."

No-Kill or Slow-kill

2010-03-24T14:12:00.000-07:00

I adopted a cat from pet rescue over ten years ago. What an awful place it was! I wanted to take every animal out of there. My cat was sick when I got her, with an upper respiratory infection and huge fleas. She was sickly the entire time I owned her, but had a good life. She finally came down with renal disease and died of pneumonia at the age of 11 (I had her about 10 years.)

There were so many sick animals in that place when I was there. I heard it was a no-kill facility, which is why I went there. I hated every second I was there. There was a cat with a huge seeping wound, another cat that had recently had its leg amputated and an ugly welt. Cages of cats stacked in this room. And the owner said there was another room with over two hundred more cats in it. I couldn't go in there. I talked to my vet about the place and told everyone I knew that it needed to be shut down. I totally support you in your efforts to close this place down. If there is anything I can do, let me know.

Karen B.
Wheaton, IL

1992 ..... Shameful

2010-03-24T14:01:00.000-07:00

(Some specifics have been omitted with respect to the responder)

I testified against Dale and Penny in Springfield a few years back. For that one I went when someone fighting against PR asked me to. I have the transcripts from the trial but everything was "off the record" and I have no proof of what was said. That was quite discouraging,
when I went to Springfield both Shelter Investigators showed me a 4 drawer high file cabinet FULL of complaints against PR, and that was in 1992! Of course I didn't get to open the drawers and look at them, but hey pulled the drawers out and they were full. In the trial part that was "off the record" Dale was caught using money for PR to pay for an Alaskan Cruise! She agreed to stop misusing the money and get new, better cages for the animals. It sure doesn't look like that happened! What happened with the Attorney that was trying to close PR a year or so ago? She was mentioned on Fox News? Did anything come from her attempt to regulate or close PR? Please keep me posted.
Thanks!
Melanie

Posting on Craigslist February 1, 2010

2010-03-24T13:56:00.000-07:00

BLOOMINGDALE ANIMAL SHELTER WAIVES ADOPTION FEES (BLOOMINGDALE, ILL)http://chicago.craigslist.org/nwc/pet/1581039157.html
Date: 2010-02-01, 1:23PM CSTReply to: see below
BLOOMINGDALE SHELTER WAIVES ADOPTION FEES- Pet Rescue is located at: 151 North Bloomingdale Road Bloomingdale, IL 60108-1001 (630) 893-0030 We have 25 dogs and over 100 cats for free adoption. Open on Saturday's only from 12noon to 4pm. Applicants still need to apply and be approved.

Hard to believe we (OPMIA) are going on 2 years

2010-02-26T18:20:00.000-08:00

April 2, 2010 at 1:30 p.m.
Court Room #4007
The Honorable Judge Ronald D. Sutter
503 South County Farm Road Wheaton, IL
Case#2008CM006179

2010-02-02T19:20:00.000-08:00

February 16, 2010 at 11:30 a.m.
Court Room #2601
The Honorable Judge Richard J. Billik, Jr.
Cook County Chancery Division
Case#2009-CH-34665

February 26, 2010 at 1:30 p.m.
Court Room #4007
The Honorable Judge Ronald D. Sutter
503 South County Farm Road Wheaton, IL
Case#2008CM006179

March 3, 2010 at 8:30 a.m.
Glendale Heights Field Court
Village of Bloomingdale vs. Armon
Zoning ordinance violations guilty pleas
Case#20090v007360
Bloomingdale Police 2 Complaints
#00000012689N #00000012690N

We are setting the story straight

2010-02-01T20:42:00.000-08:00

To Whom It May Concern,

Recently there has been some confusion and questions concerning the status of Pet Rescue, Inc's license and the Court Ordered disposition of animals still housed there.

In order to clarify matters here are the facts based on actual records and evidence.

Honorable Ron Sutter is the DuPage County Circuit Court Judge overseeing the Criminal case involving 32 charges of animal cruelty and violations of owners duties for the alleged mistreatment of animals housed at the Pet Rescue facility.

The defendants in this case are Dale Armon, the Founder and President of
Pet Rescue Inc. (PRI), Penny Horak, the Managing Director of PRI, and the
Pet Rescue Corporation itself. The defendants are represented in this case by three separate attorneys, one of which is Attorney Rick Schoenfield of Chicago who has been the most quoted and vocal of the three.

The Plaintiff in this case are The People of the State of Illinois, represented by Assistant States Attorney, Mandy Meindl of the DuPage County States Attorney Joe Birkett's office.

If found guilty, the defendants face not only monetary fines but possible revocation of their rights to ever again house or care for animals. In addition such punishment may also warrant mandatory psychological evaluation and treatment as well as jail time.

This criminal case has taken approximately 2 years to bring to Trial and is not there yet. Appeals and continuances have resulted in continued delays.
A Pre-Trial Hearing has now been set for February 26, 1:30 p.m., Rm. 4007,
DuPage County Courthouse. (Open to the Public)

On January 19, 2010 a Hearing relating to the "transference" of the animals presently at PRI to other licensed facilities was held due to a motion by the defendant's attorney, Rick Schoenfield, for permission to transfer the animals out of state to Wisconsin. This motion was denied and Judge Sutter subsequently rendered the following Order:

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

New Charges against dog shooting suspect

2010-01-29T17:17:00.000-08:00

http://www.chicagobreakingnews.com/2010/01/new-charges-against-dog-shooting-suspect.html

Charges filed in shooting of dog in Lake County

2010-01-29T08:20:00.000-08:00

http://www.chicagobreakingnews.com/2010/01/lake-county-sheriff-probes-dog-shooting.html

Lake County Sheriff probes dog shooting

2010-01-28T20:05:00.000-08:00

WGN Chicago Breaking News
January 28, 2010 8:28 PM

Employees from Save-a-Pet animal shelter near Grayslake had been trying since dawn to catch the black dog they believe had been dumped in their parking lot overnight by his owner.

They followed the animal, who'd been darting across busy roads, tried to lure him with food and set out a trap provided by Lake County Animal Control.

But when shelter manager Dana Deutsch spotted the terrier mix in a field about a mile from the shelter at about 2:30 p.m. Tuesday, she thought this might be her chance.

Instead, she said, she saw a man inside a nearby home raise a gun and point the scope in the direction of the animal. Then she heard a gunshot. After confronting the man - who she said "seemed to have a smile on his face" and denied he was aiming for the dog - Deutsch called police. Then she and a couple of Round Lake public works employees who'd also been trying to catch the dog found him in a pool of blood and took him to an emergency clinic.

The dog, whom the no-kill shelter staff named Justice, was dead from a gunshot wound to the neck.

The Lake County sheriff's office is investigating but had announced no charges as of late Thursday.

"People say, 'It's just a dog.' Well, it could have been your dog," Deutsch said. "It's a living creature, and nothing deserves to die like that."

Shelter development director Marc Portugal said that though this instance had "the most extreme possible outcome," it's sadly not uncommon for people who can no longer care for their pets to simply leave them overnight in the parking lot of the shelter. "A lot of people think they're actually helping by dumping their pets. It's actually the opposite," he said.

Deutsch said Justice had been well-fed, was neutered and had a shiny, healthy coat - not typical for a neglected dog.

--Diana Wallace

Did YOU dump a dog @ SAVE-A-PET yesterday?

2010-01-28T10:46:00.000-08:00

This was his fate...Date: 2010-01-27, 9:54PM

IF THIS IS YOUR DOG....YOU DESERVE TO ROT IN HELL. FOR ANYONE OUT THERE WHO IS CONSIDERING DUMPING THEIR PET, THINK ABOUT THIS. THIS COULD BE YOUR FRIENDS FATE TOO. YOU MADE A COMMITMENT BY GETTING AN ANIMAL, NOW HONOR IT BY KEEPING AND CARING FOR THEM. Around 6:00 am yesterday morning our first staff member arrived at the shelter. She saw a black dog standing by our back door to the shelter. Next to him was a bag half full of dog food and two doggie toys. No telling how long he had been standing there waiting for his family to come back, but there he was. When the staff member pulled up he ran up to her car, looking for his family, but ran off when he found it was a stranger. He would run across Fairfield, a busy road, but kept coming back to the parking lot trying to find his family. We would try to catch him, but he would run off again. We set up a trap at about 11:30, but didnt see him again. Around 2:00pm, a staff member said she saw him about a mile down the road near 120 and Fairfield, a very busy intersection. She wasn't able to go after him. So, I went out looking for him to try and divert him back towards the shelter and the trap, if I couldn't catch him. I drove around and was driving down a road a half mile from the shelter, Townline. As I drove by this one home, I saw him in the field behind the home. He wasn't doing anything, just staning there alone. I started to back the car up to see if I could approach him from the other side of the home. As I was backing up down Townline, I heard a gunshot. I put the car in the drive and tried to see who was shooting at the house. I just knew they were shooting at the dog. I heard another shot and backed up again, looking like crazy to see who was shooting. As I was backing up I was able to look through the front window of the home. What I saw sickened me. I saw, on the other side of the home (inside the home), I watched a man raise his arm up with a rifle and take aim out his back window. I knew it was a rifle because I could see the scope. As he aimed, another gunshot rang out. I pulled into his driveway and jumped out screaming and went pounding on his front door. I screamed that he was shooting my dog and to stop. He put the gun down and came to the door. He opened the door and said he wasn't shooting at a dog. He said he was shooting something (I dont remember what exactly) in his back yard, some type of can thing on top of something else. He asked me if I wanted to come see. I told him no I was calling the police. As I dailed the police, I backed up my car and could see the dog now lying in the field. This dog had been running all day. There was only one reason he would by laying down. He had been shot. I ran across the field and was joined by two Round Lake Public Works guys in a truck. They took the phone and talked to the police for me. We reached the dog and he was lying, half twisted in a pool of blood. There was blood all around him. He had obviously suffered and walked around before he finally fell to the ground. The dog took a agonal breath, but it was still a breath. The guys helped load him and myself in there truck and drove us to my car. I took him to AETC, but when I l ifted him out of the car, I knew he was dead. He died in my car on the way. The bastard that shot him lives .6 miles from our shelter. I need this dog to get justice. I need people to know what can happen when you just leave an animal somewhere, and I need for everyonen to remember this beautiful boy who just wanted his family back. NOTE to whoever dumped this poor boy at the shelter, Save-A-Pet, in Grayslake, IL: He loyal and full of love for you, waited for you to come back to pick him up. All day long people tried to catch him and he would run off (across an extremely busy road) and kept coming back to the shelter waiting for you. If a car pulled up, he would go to it, looking for you. He would then run off when he saw it wasn't you. He waited and then he went looking for you. While looking for you, he was shot and killed. While waiting for you to come back and get him.
IF YOU RECOGNIZE THIS DOG OR KNOW WHO THE OWNERS ARE OR HAVE ANY INFORMATION, PLEASE CONTACT THE GRAYSLAKE POLICE DEPT. (847) 223-2341 OR SAVE-A-PET (847) 740-7788.
THANK YOU.

WGN CHICAGO BREAKING NEWS STORY

2010-01-21T14:46:00.000-08:00

Pet Rescue shelter agrees to give up animals

January 19, 2010 3:56 PM

Pet Rescue, the controversial Bloomingdale animal shelter, agreed today to turn over nearly 200 animals to other shelters approved by the state.DuPage Judge Ronald Sutter signed an agreed order that calls for the shelter at 151 N. Bloomingdale Road to give its current collection of 149 cats, 29 dogs, 15 doves, two guinea pigs and one rabbit to other animal shelters that are approved by the Illinois Department of Agriculture.
The state had taken away the shelter's license last year, but the operators were able to keep the animals they currently had. Criminal charges filed in 2008 against the shelter's two operators -- Dale Armon, 74, of Berkeley, the owner of the shelter, and Penny Horak, 69, of Winfield, a director of the shelter -- are still pending.Both of them have been charged with more than a dozen misdemeanor charges of animal neglect. The charges stem from complaints of overcrowding and insufficient treatment of the animals, resulting in some of them being euthanized.Neither one was in court Today.The state agriculture department took away the shelter's license last November, citing improper record maintenance of the animals in their care. The shelter has been in operation since 1973, according to court records.-- Art Barnum

January 20, 2010

2010-01-21T08:09:00.000-08:00

Pet Rescue hearing continued

Daily Herald Staff Report
Published: 1/20/2010 5:24 PM

Bloomingdale's plan commission will continue a public hearing that began Tuesday about whether to recommend revoking the license of the embattled Pet Rescue animal shelter to the village board.
The commission's next meeting will be at 7:30 p.m. Feb. 16 at Bloomingdale village hall, 201 S. Bloomingdale Road.
Tuesday's testimony and public input lasted about four hours, with residents and officials weighing in.
On Tuesday, a DuPage County judge ordered Pet Rescue operators to begin transferring the nearly 200 animals being housed there immediately to other Illinois shelters.

January 19, 2010

2010-01-21T08:06:00.000-08:00

Judge orders embattled shelter Pet Rescue to transfer animals

By Jake Griffin Daily Herald Staff
Published: 1/19/2010 2:52 PM Updated: 1/19/2010 4:17 PM

A DuPage County judge Tuesday ordered the operators of a controversial animal shelter in Bloomingdale to begin transferring the nearly 200 animals being housed there immediately to other Illinois shelters.
Judge Ronald Sutter denied requests by the attorney for the operators of Pet Rescue to allow the two women who run the shelter to transfer the animals to facilities in Wisconsin.
Sutter sided with Assistant State's Attorney Mandy Meindl, who provided shelter attorney Rick Schoenfield with a list of state-licensed operations where the animals could be transferred.
The state recently revoked Pet Rescue's license after years of wrangling with the operators, Penny Horak and Dale Armon. The women are facing animal cruelty charges stemming from the operation of the shelter and are facing revocation of the shelter's special use permit as well by the village of Bloomingdale.
Opponents of Pet Rescue have been urging the state and county to shut down the facility for years, claiming Armon and Horak are hoarding the animals and not properly caring for them. Recently, a rescue agency dealing with farm animals took custody of Armon's array of farm animals from her ranch in upstate Hebron.
Sutter didn't specify a timeline for the transfer of the animals from Pet Rescue. When the animals are transferred, the operators have to alert the state's attorney's office within five days with the animal's name, microchip data and shelter information.
At last count, Meindl said there were 149 cats, 29 dogs and a small number of doves, guinea pigs and rabbits all being housed at the Pet Rescue shelter at 151 N. Bloomingdale Road. Meindl's list includes only "no kill" shelters like Pet Rescue purports to be.
Armon and Horak were not in court Tuesday, but they are expected back Feb. 26 for a hearing on pretrial motions in relation to the animal cruelty case against them, Sutter said.
window.

January 19, 2010

2010-01-21T08:00:00.000-08:00

www.chicagotribune.com/news/local/chicago/ct-met-0120-petrescue-20100119,0,1705037.story
chicagotribune.com

Bloomingdale shelter will hand off animals to others
Deal reached with operators accused of neglect

By Art Barnum and Vikki Ortiz Healy, Tribune reporters
January 19, 2010

An animal shelter in Bloomingdale whose operators have been accused of neglect will turn over nearly 200 animals to other shelters under a deal reached in court Tuesday.
Pet Rescue, 151 N. Bloomingdale Road, will give its current collection of 149 cats, 29 dogs, 15 doves, two guinea pigs and one rabbit to animal shelters approved by the Illinois Department of Agriculture.
The state had taken away the shelter's license last year, but the operators were able to keep the animals they had.
Criminal charges filed in 2008 against the operators — owner Dale Armon, 74, of Berkeley, and director Penny Horak, 69, of Winfield — are still pending.
Both have been charged with more than a dozen misdemeanor charges of animal neglect. The charges stem from complaints of crowding and insufficient care of the animals, resulting in some of them being euthanized.
Neither was in court today or could be reached for comment. The shelter has been in operation since 1973, according to court records.
Tuesday's ruling means that Armon and Horak will be responsible for arranging the transfer of animals from their shelter to other Illinois shelters in good standing with the Department of Agriculture. Because there are so many animals, they'll likely be dispersed across several shelters, said Colleen O'Keefe, division manager of food safety and animal protection for the department.
Kerry Vinkler, executive director of DuPage County Animal Care & Control, said the judge's order comes as some shelters are struggling with an influx of animals given up for economic reasons, with the cat population exceptionally high.
But both O'Keefe and Vinkler said there are enough shelters to handle the Pet Rescue animals.
If the DuPage County shelter — the only shelter in the county that cannot refuse an animal — is asked to assist in rescuing the animals from the Bloomingdale shelter, employees would likely divide the animals up between 150 rescues and shelters in the DuPage Animal Sheltering Alliance, Vinkler said.
"It would be a huge rescue effort, but … I think that we would absolutely be able to manage this," she said.
abarnum@tribune.com
vortiz@tribune.com
Copyright © 2010, Chicago Tribune

HARPS TO THE RESCUE IN HEBRON

2010-01-16T09:26:00.000-08:00

http://www.harpsonline.org/index.php?src=news&srctype=detail&category=News&refno=27

PUBLIC HEARING ATTENDENCE NEEDED

2010-01-15T16:26:00.000-08:00

January 19, 2010
Tuesday @ 7:30 pm
Bloomingdale Village Hall
201 South Bloomingdale Road
Bloomingdale, Illinois

HARPS rescues animals from Hebron farm

2010-01-13T11:33:00.000-08:00

By SARAH SUTSCHEK - ssutschek@nwherald.com

HARPS rescues animals from Hebron farm

HEBRON – Volunteers could hear cats mewing behind a door, but they couldn’t get in to give them food or water because it was locked.
Ten dogs, seemingly friendly, jumped at their cage doors in a foul-smelling room, wanting attention. A duck, a chicken and a peacock shared the same cage in a separate room. A goat was unable to stand.
After someone called to report the animals’ living conditions about a month ago, volunteers from the Hooved Animal Rescue and Protection Society have been going to Rothmore Farm on Route 173 in Hebron to care for more than 20 animals.
A hose had to be stretched from the house to provide water for the animals, including about 12 sheep, two horses, a large steer, and several donkeys. Their water had been frozen or become black and slushy with manure, said Ronda Ewing of HARPS.
On Tuesday, HARPS volunteers loaded up a trailer and an equine ambulance with many of the animals and brought them back to the organization’s Barrington Hills home base in hopes of finding them foster homes.
Their elderly owner, Dale Armon, relinquished them after HARPS’ founder, Donna Ewing, convinced her that she was not able to care for them properly.
Several years ago, McHenry County officials seized more than 70 animals from Armon after their conditions were deemed “deplorable.” But officials have an even longer history with her going back at least a decade, Illinois Department of Agriculture spokesman Jeff Squibb said.
“It’s not licensed as an animal shelter, so it’s not subject to the routine inspections,” Squibb said.
The only way they can go on site is if there’s evidence of wrongdoing, he said.
“We have been allowed on the premises in the recent past, and on those occasions, the animals were not in any immediate danger,” Squibb said.
The state has re-entered the picture by filing another lawsuit against Pet Rescue Inc., which Armon served as president, claiming financial mismanagement. The organization has a Bloomingdale shelter that recently lost its license as an animal shelter after a series of violations, Squibb said.
The latest lawsuit accuses Armon of spending more than $70,000 of Pet Rescue’s money, much of which allegedly was raised through claiming that it was a charitable organization despite failing to register as one.
Armon is accused of paying property taxes on personal property with Pet Rescue money, as well as personal expenses at numerous restaurants, hotels and gas stations mostly near the Hebron farm.
Attempts to reach Armon were unsuccessful Tuesday. She was not at the farm as the animals were removed. The phone number at the Bloomingdale pet rescue has been disconnected, and no local phone numbers for Armon are listed.
Ronda Ewing said she was unsure of where the animals taken to HARPS came from before they were in Armon’s custody.
“It’s not hard to come by animals in need of homes,” she said.
Donna Ewing said she told Armon that she would be able to have the animals back, should she prove that she would be able to care for them, including paying for food and vet bills.
The animals were just too much for Armon, who said she had another woman helping her, Donna Ewing said. All things considered, the animals were in good shape, she said.
But Armon is a collector, an animal hoarder, she said.
“This is where love goes awry,” she said.

Copyright © 2010 Northwest Herald. All rights reserved.

Pet Rescue Inc. Owners Relinquish Farm Animals

2010-01-12T20:43:00.000-08:00

http://www.myfoxchicago.com/dpp/news/special_report/animal-rescue

Updated: Tuesday, 12 Jan 2010, 10:07 PM CSTPublished : Tuesday, 12 Jan 2010, 9:02 PM CST
By Mark Saxenmeyer, FOX Chicago News

Chicago - A small group of private citizens have rescued what they say were neglected animals, living in filthy, frozen conditions. It took them just two hours to complete the rescue-, something state-licensed animal welfare investigators have been either unable or unwilling to do for two years.
To city folk, they might just look like just a bunch of farm animals, but for those who've been monitoring the health and well-being of hundreds of animals under the care of two Illinois women, Dale Armon and Penny Horak, the sight of the four-legged critters scampering into their new home at a Barrington Hills animal rescue facility, was pure joy.
" They're free at last!" said Dr. Susan Lillis, an animal welfare advocate. She was in Barrington to witness the transfer.
The animals were among dozens removed from Armon and Horak's remote McHenry County farm in Hebron today. The leaders of HARPS, the Hooved Animal Rescue and Protection Society, say they convinced the women to relinquish control after documenting what they call the abhorrent conditions on the farm.
"Deplorable is kind of a strong word but it's pretty accurate, " said HARPS' Geoff Kass.
Nevertheless, many animals, like a dozen dogs that are caged in the cold on the farm, were left behind. HARPS was not allowed to take them away.
"They absolutely need to be removed because they're not getting adequate care," said Donna Ewing, the president and founder of HARPS.
For close to two years, FOX Chicago News has investigated Armon and Horak, the proprietress of Pet Rescue Inc., a non-profit no-kill pet shelter that houses hundreds of animals in suburban Bloomingdale. They stand accused of 22 counts of animal neglect in DuPage County, they've had their license revoked from the Department of Agriculture and they stand accused by the state Attorney General of using money donated to help the animals for their own personal use.
Despite all this legal wrangling, until Tuesday none of the allegedly endangered animals had been removed from Armon and Horak's care.
The animal rescue workers say they stepped in because local county and state leaders have not. FOX spoke with Mchenry County leaders Tuesday and they say they were out inspecting the Hebron farm two weeks ago, and they saw no problems there.
The animal workers from HARPS and other animal welfare advocates say that's hard to believe.
"Pictures don't lie. Documentation doesn't lie. We see what comes out of these situations. None of it is a lie so why didn't anyone do anything?" said Kris Nesheim, a former Pet Rescue Inc. worker.
Horak and Armon are fighting all the charges they currently face, maintaining their innocence on all fronts. HARPS leaders say Horak and Armon are still hoping to have the animals returned to them once their legal problems are cleared up.
This case aside, the recession is leading to more animal rescues than ever before, as many people can't afford to care for their pets. Hundreds and hundreds of animals that need saving state-wide are being turned loose or abandoned because most of the humane organizations are already full due to the overwhelming demand for help.
For more information about HARPS, go to harpsonline.org or call 847-382-0503.

TONIGHT

2010-01-12T16:38:00.000-08:00

FOX 32 new tonight at 9:00pm
Mark Saxenmeyer exposes the Hebron Farm

January 12, 2010

2010-01-12T08:35:00.000-08:00

Pet Rescue operators giving up farm animals

By Jake Griffin Daily Herald Staff
Published: 1/12/2010 12:01 AM

The operators of a controversial Bloomingdale pet shelter are giving up custody of farm animals they own and keep in upstate Hebron.
Donna Ewing, founder of the Hooved Animal Rescue and Protection Society, said her group is picking up the farm animals today and will be looking for foster farms to care for the animals. Ewing said owner Dale Armon, who runs the recently de-licensed Pet Rescue in Bloomingdale, agreed to give up custody of the farm animals on a temporary basis.
"She can take them back if she can pay for all the vet bills and feed bills," Ewing said.
Ewing's group has been caring for the animals for about a month, she said. They are all in "decent condition" considering they were found in "desperate need of water," she said.
The animals include 12 sheep and goats, two Arabian horses, four donkeys, several chickens, a miniature potbelly pig and a "huge Brown Swiss steer."
For information about providing foster care for any of the animals, call HARPS at (847) 382-0503 or visit harpsonline.org.
Arson and Pet Rescue partner Penny Horak are also on the verge of giving up custody of the animals being housed at the Bloomingdale shelter. A DuPage County judge has set a Jan. 19 deadline to come up with a relocation plan. That same day, the village's plan commission will discuss revoking the shelter's special-use permit now that it is no longer licensed by the state.

PUBLIC HEARING ATTENDENCE NEEDED

2010-01-10T14:51:00.000-08:00

January 19, 2010
Tuesday @ 7:30 pm
Bloomingdale Village Hall
201 South Bloomingdale Road
Bloomingdale, Illinois

January 8, 2010

2010-01-09T09:27:00.000-08:00

Embattled Bloomingdale pet shelter close to giving up animals

By Jake Griffin Daily Herald Staff
Published: 1/9/2010 12:00 AM

Scores of animals being held at a controversial shelter in Bloomingdale that recently lost its state license could be relocated soon to new shelters.
A DuPage County judge ordered the operators of Pet Rescue at 151 N. Bloomingdale Road to return Jan. 19 with an agreement to find new shelters for the animals being kept there. The state took away the shelter's license in November following years of complaints by former clients and volunteers that the two women operating the shelter were hoarding animals and providing improper care. Neither woman was in court Friday.
The women, Pet Rescue President Dale Armon and director Penny Horak, are facing a series of lawsuits, including one filed by Illinois Attorney General Lisa Madigan. Madigan sued Armon in September after accusing her of spending at least $70,000 of the nonprofit group's funds for personal use since 2007.
For example, the lawsuit alleges, Armon paid her Cook County property tax bill for a house in Berkeley in 2008 with shelter assets. Authorities accused her of improperly spending more funds at restaurants, stores and motels in the Hebron, Woodstock and Lake Geneva areas.
Armon, 75, also lives rent free in a Pet Rescue-owned home in Hebron, the suit states.
The shelter is also facing having its special-use permit revoked by Bloomingdale. A plan commission hearing is also scheduled for the evening of Jan. 19. Village Administrator Dan Wennerholm said now that the shelter no longer has a state license it is in violation of the permit. The village had talked of revoking the permit a year ago, but the issue never made it to a hearing. Wennerholm didn't know when the village board would take up the matter if revocation is recommended by the commission.

HEAR YE HEAR YE

2010-01-07T12:52:00.000-08:00

STATE OF ILLINOIS )
COUNTY OF DUPAGE )
VILLAGE OF BLOOMINGDALE )
NOTICE OF PUBLIC HEARING
TAKE NOTICE that on the 19th day of January, 2010 at the hour of 7:30 p.m., or as soon thereafter as the matter may be heard, the Plan Commission of the Village of Bloomingdale ("Village") will conduct a public hearing at the Bloomingdale Village Hall, 201 South Bloomingdale Road, Bloomingdale, Illinois, on the matter of a special use permit granted to Pet Rescue, Inc. on August 13, 1979 for the property located at 151 North Bloomingdale Road ("Subject Property") pursuant to Village Ordinance #79-23 ("Ordinance").
The Subject Property is located on the east side of Bloomingdale Road, north of Lake Street, and south of Foster Avenue, and is more particularly identified below with the legal description of the Subject Property as of the date of the Ordinance's passage and approval:
Lots 1 and 2 in John J. Lesmiester’s Assessment Plat of part of the Southeast quarter of the Southwest quarter of Section 10, Township 40 North, Range 10, East of the Third Principal Meridian according to the Plat thereof recorded May 24, 1960, as document 965895 in DuPage County, Illinois.
Common Address: 151 North Bloomingdale Road, Bloomingdale, Illinois
Property Index Numbers: 02-10-307-004 and 02-10-307-005
Pursuant to the Ordinance, the Subject Property is presently zoned B-2 Community Business District with a special use permit to allow the establishment and operation of an animal sanctuary and pet hostelry for dogs and cats ("Special Use Permit"). The purpose of the public hearing is to consider revocation of the Special Use Permit in the event that the Village determines Pet Rescue, Inc. to have violated the requirements of the Ordinance concerning the Special Use Permit, including, but not limited to the requirements of Section 1.3 regarding licensure of the facility by the Illinois Department of Agriculture. Such a revocation will no longer allow the operation of an animal sanctuary and pet hostelry at the Subject Property.
Material pertinent to the conduct of the public hearing will be made available for public inspection at the Bloomingdale Village Hall during normal business hours. Members of the public are invited to attend the public hearing, at which time an opportunity will be given to address the Village Plan Commission.
This notice is given pursuant to applicable state statutes and the Village of Bloomingdale Zoning Ordinance.
Pursuant to the terms of the Americans with Disabilities Act, if you have any physical or mental condition that would be considered a disability under the Americans with Disabilities Act, the Village will make and take all reasonable steps to assist you in participating in the public hearing process.
If you have transportation needs and/or other mechanical needs to assist you in either participating or attending the hearing, please inform us so we can make the appropriate arrangements.
If you need translators or some other assistance to make the process meaningful for you, please also notify us.
It is our goal to provide reasonable accommodations to those with disabilities so they may fully participate in the public hearing process.
Persons requiring auxiliary aids and services should contact the Village Administrator by mail at 201 South Bloomingdale Road, Bloomingdale, Illinois 60108, or by phone at (630) 671-5611 not less than five (5) days prior to the hearing to inform of their anticipated attendance. Text telephone (TDD) users may call (630) 893-7175.
By order of the Plan Commission of the Village of Bloomingdale.
Dated: December 23, 2009
/s/ Jeffrey T. Dolce
Chairman, Bloomingdale Plan Commission

Sad but worse now @ Pet Rescue

2009-11-12T15:08:00.000-08:00

Nov 11, 2009 Wednesday 8:58 AM

I volunteered on two different occasions, once for 3 years and once for 4 years. They did let me adopt two Lhasa Apso, since that dog breed was considered mean, yet they liked me, but I got one @ 4 and he passed away @ 14 with Cancer in Dr Baker's vet office and the other who ended up being diabetic @ about 17 years old. Him I had for about 13 years. While @ Pet Rescue, the place was dirty and messy.
The first time I volunteered on Saturdays working with the public and showing the animals to them and often the people were turned down. On my way to Pet Rescue Dale had me pick up one of the Kennel cleaners from Dale's home who would be cleaning her home each Saturday. She justified it, because she claimed she rescued a bunch of animals. I understand she hide animals because she would take over the limit & then never took them to be adopted and they became her pets, but when I arrived to pick the polish lady up a number of them would be by the door wanting to be patted and the lady would sometimes bring a few out some I would pat them while she quickly finished cleaning something @ Dale's house. I never seen the inside because she said she did not want to get in trouble with Dale, so I never pressed her to let me in, since she was a nice polish lady who I could speak with since I spoke polish. She did say there were a number of cages the animals were in, so how can they be considered pets (dogs & cats). She also said Dale was not a clean person and had her personal stuff as dishes to wash, bed sheets,etc. We would then go to pet rescue where the cleaning lady continued cleaning there and I showed the animals to people on Saturdays, though many times the adoption was declined. The lady went home with the polish men working @ Pet Rescue. My understanding the lady & men went back to Poland. Anyway it was not a win situation, so I left and one of the volunteer managers asked me to come back since she claimed I was good with the public. I refused, but did come back on Wednesday night to work with the animals.
The two older ladies, there longer, preferred dogs and this other gal who came a couple weeks after me liked cats, while I liked both, so The gal and I did the cats.
They almost never had any canned food for the cats and the two of us would bring a supply with us and the animals always were excited to see us. We would clean the liter pans too. I remember a few times I would try to clean the dusty room & shelves and the next week it would be very messy.
I also remember Penny wanted me to help her with something and telling me the cats did not need food everyday or fresh water.
I also understand that the water broke after I left and people had to bring from home. Hopefully this was daily?
The time I went to the dirty basement where in my time it was dirty, damp, and dogs kept there, plus supplies once in a while I seen a mouse too. A couple times they got a huge pet food donation in cans and instead of making arrangements for the food they would let it rot in the yard.
I then left having a class on Wednesday on good terms, and the gal I worked with left after she seen a dead cat with bugs eating away at the flesh. Neither of us went back since we felt helpless, to really help this situation.
Bo
Volunteer in the late 80's

Siezure Decision

2009-11-12T11:42:00.000-08:00

November 12, 2009

The Judge has allowed PRI animals to remain at the shelter as the defendants attorney agrees to let IDOA have continued access to the shelter.

NOVEMBER 12, 2009

2009-11-11T13:51:00.000-08:00

Thursday 8:30am
Wheaton Courthouse
Meeting in Room 4007

Please join Operation Mia as the Assistant States Attorney petitions the court for the siezure of Pet Rescue Inc. animals.

License revoked from Bloomingdale animal shelter

2009-11-10T15:53:00.000-08:00

By Marco Santana Daily Herald Staff
Published: 11/5/2009 12:46 PM Updated: 11/5/2009 5:10 PM

A long-embattled Bloomingdale animal shelter lost its license Wednesday, effectively shutting down the controversial site at least until it goes through an appeal process.
Pet Rescue Inc. now has 30 days to appeal the administrative law judge's ruling, which said the shelter failed to provide timely records to the Illinois Department of Agriculture.
In the past, former clients and volunteers have accused the shelter of hoarding animals and providing improper care.
A complaint filed by the state in April claimed that the shelter did not provide records covering a five-month period, from August 2008 to February.
"It's a good start," said Cherie Travis, an attorney who has represented a group trying to shut down the shelter. "But I think it's taken way too long."
In a report filed as evidence at an August hearing, the department of agriculture said the shelter denied or ignored several requests for records concerning four animals. The shelter took up to nine months to provide records for another 18 animals.
Illinois Department of Agriculture Spokesman Jeff Squibb said the department has worked with local authorities to push the case forward. The revocation means the shelter cannot operate in Bloomingdale based on a zoning ordinance that requires a license.
"Our position is that Pet Rescue is no longer a licensed facility and, therefore, cannot adopt out or transfer its animals," he said.
Squibb said the facility had been on the department's radar for many years as complaints mounted.
Pet Rescue Director Penny Horak has said any denial or failed compliance was done in error. A phone call to Pet Rescue Attorney Rick Schoenfield was not returned.
The ruling is the latest in an ongoing saga concerning the shelter.
The shelter lost its license for about a month in 2008 after state officials accused Horak and owner Dale Armon of animal cruelty.
In April, a state complaint challenging the shelter's compliance with inspection reports was filed, and in September, Illinois Attorney General Lisa Madigan accused Armon of using donated money intended to help the shelter for personal use.

LISA MADIGAN SUES PET RESCUE

2009-11-10T15:42:00.000-08:00

Chicagoland Tails

LISA MADIGAN SUES PET RESCUE

By Agnes Jasinski

Following continuous delays and protests from those frustrated by a lack of progress in court, Illinois Attorney General Lisa Madigan has sued the president of the Bloomingdale animal shelter Pet Rescue for mismanagement of funds and a slew of other tax and funding violations. The owners of Pet Rescue, a no-kill shelter, have been accused of 20 counts of animal cruelty, but the trial against them has been pushed back several times.Former volunteers and employees of the facility at 151 N. Bloomingdale Rd. claim they have seen the improper care of animals sheltered there firsthand, the situation only worsening in the 30 years since it has been operating. A recent protest outside the DuPage County courthouse was a response to the latest continuance awarded to the defense.In the allegations filed by Madigan, the attorney general claims Pet Rescue’s president, Dale Armon, spent at least $70,000 of the shelter’s funds for personal use in the last two years alone. Pet Rescue took in more than $1.2 million in public donations between 2006 and 2007, according to an article in the Daily Herald. The shelter’s president could face six months in jail and more than $50,000 in fines.
Visit TailsInc.com for the latest updates on the Pet Rescue trial

STOP THE HATE

2009-10-13T12:19:00.000-07:00

Breed Specific Legislation
City if Elgin Council Meeting
October 14, 2009
Wednesday @ 7:00 PM
150 Dexter Court
Elgin (847) 931 - 6100

Please come and show your undying love for the American Pit Bull Terrier/ American Staffordshire Terrier and the Staffordshire Bull Terrier aka Pit Bulls.
Instead of targeting a specific breed, Elgin can start with the real issue of irresponsible pet owners. Educating the public about recognizing and reporting animal abuse and animal fighting. Support spay and neuter programs and stop backyard breeding. These animals shall not be deemed "dangerous". It is the hands of the animal abusers that are the real threat.
It is estimated that over 4000 dogs have been euthanized under Denver's BSL with Family pets mistakenly identified. Don't let it happen to yours.

HSUS DART Training October 23, 24, 25

2009-09-29T08:48:00.000-07:00

In order to help with federally declared disasters you have to be associated with a federally recognized response organization as is HSUS. Any Operation Mia friends that may be interested in animal rescue in disasters and may want to attend can email maryhuspen@aol.com for more information.

Thank You Lisa Madigan

2009-09-24T13:23:00.000-07:00

Madigan goes after pet shelter operator

By Christy Gutowski Daily Herald Staff
Published: 9/24/2009 12:02 AM

Illinois Attorney General Lisa Madigan hopes to accomplish what local, county, and other state officials before her failed to do - shutter a long-embattled Bloomingdale animal shelter for good.
In explosive allegations, Madigan sued Pet Rescue president Dale Armon after accusing her of spending at least $70,000 of the nonprofit group's funds for personal use since 2007.
For example, the lawsuit alleges, Armon paid her Cook County property tax bill for a house in Berkeley in 2008 with shelter assets. Authorities accused her of improperly spending more funds at restaurants, stores and motels in the Hebron, Woodstock and Lake Geneva areas.
Armon, 75, also lives rent free in a Pet Rescue-owned home in Hebron, the suit states.
Madigan asked a Cook County judge to freeze all Pet Rescue assets, order a thorough review of its books, bar property sales, dissolve nonprofit status, transfer assets to a "bona fide existing charity," and close the shelter.
Armon and her board of directors also are accused of allowing donations to be solicited and accepted despite the fact Pet Rescue hasn't been registered to do so since January 2008. The nonprofit group lost its registration due to incomplete 2006 financial records.
Madigan is going after Armon criminally as well by seeking to have her found in indirect civil contempt on suspicion she violated a July 2004 consent decree with the attorney general's office to comply with all accounting and reporting requirements. The consent decree grew out of a 2000 lawsuit.
Armon may face up to six months behind bars and more than $50,000 in civil fines.
At last count, state officials said, Pet Rescue has 150 cats, 50 dogs, several birds, guinea pigs and rabbits in its shelter at 151 N. Bloomingdale Road. It took in about $1.26 million in public donations between 2006 and 2007, according to attorney general officials, who said they've had access to a small portion of financial records since 2007.
The no-kill animal shelter, in operation since 1973, long has been the subject of controversy as former clients, volunteers and workers accused the elderly operators of hoarding animals and providing improper care rather than adopting them out to suitable homes.
Various efforts to revoke the shelter's operating license and special-use permit have repeatedly stalled. One year ago, DuPage prosecutors charged Armon and her director, Penny I. Horak, 70, with misdemeanor animal cruelty and violation of their duties after several cats and dogs became sick, some to the point they had to be euthanized.
Their trial was supposed to begin Monday and, after it was delayed, critics who have argued authorities are turning a blind eye as animals suffer in silence staged a peaceful courthouse protest. In the meantime, the judge in the case earlier ordered regular inspections a few times a month to ensure the animals are receiving proper care.
Neither Armon nor Horak have responded in recent years to Daily Herald telephone requests for comment. Both are fighting the misdemeanor charges in court. Pet Rescue attorney Rick Schoenfield has repeatedly denied criticism that the animals are receiving improper care. He also submitted financial records in June to state officials, but they said that information was incomplete.

Watch Mark Saxenmeyer with OpMia

2009-09-24T13:18:00.000-07:00

http://www.myfoxchicago.com/dpp/news/metro/Attorney_General_Takes_Action_Against_Animal_Shelter

September 22, 2009

2009-09-24T13:11:00.000-07:00

ATTORNEY GENERAL TAKES ACTION AGAINST ANIMAL SHELTER

Updated Wednesday, 23 Sep 2009, 4:12 PM CDTPublished : Tuesday, 22 Sep 2009, 10:41 PM CDT
By Mark Saxenmeyer

Tonight, a Fox Chicago investigation gets results... The State Attorney General's Office is seeking civil and criminal sanctions against a Dupage County animal shelter. The action comes after we brought to light allegations of animal abuse, neglect and other misconduct. Mark Saxenmeyer has the exclusive details.
**************
It is images like this: angry dogs kept in cages in complete darkness…emaciated cats losing their fur...animals in desperate need of medical attention that rarely, if ever, comes, according to former workers at Pet Rescue Inc.
But now, the State Attorney General's Office says there are even more troubling issues here--financial ones. In these new complaints, the State Attorney General says Pet Rescue's owner, Dale Armon, and members of her board of directors, have been illegally soliciting donations for the shelter. As we first reported a year ago, they shouldn't be accepting any money as a charity because the shelter has failed to file audited financial records with the state, a requirement of all non-profit organizations.
The State Attorney General goes on to claim that in the last two and a half years Armon has put 70,000 dollars donated to help the animals in her care at Pet Rescue into her own pockets. The complaint claims she spent 7,000 dollars at restaurants, stores and hotels, more than 5,000 dollars at Walgreens alone, and nearly 4,000 dollars to pay property taxes on her personal home.
News of the Attorney General's action thrills those who have worked tirelessly to try and shut down the shelter.
“They take in plenty of money in cash but didn't hire a vet, renovated the facility, or hired staff. What did they do? They went out and bought property. And where do they live? On that property. The whole thing has been, it's been a fraud on the public “ Said Animal Welfare Activist Cherie Travis.
“The animals should have been seized from the beginning”
In the meantime, shelter critics are livid that a judge has granted a defense motion to delay the criminal trial of Armon and shelter manager Penny Horak in Dupage County. Both women face 20 counts of animal cruelty.
The State Department of Agriculture also charged Pet Rescue Inc. with dozens of violations of the State Animal Welfare Act months ago, but it too has yet to make a ruling on any of them.
“These women are walking free while these animals are rotting in cages right now” added Travis.
Legal experts say the Attorney General's actions today send a strong message to not just Pet Rescue Inc. but to all Illinois charities. If you solicit money for a certain cause and it doesn't go to that cause, you can expect a knock on your door. The attorney for Dale Armon didn’t respond tonight to our request for comment.

2009-09-24T12:59:00.000-07:00

Pet Rescue operators' trial delayed again, much to protesters' chagrin

By Christy Gutowski Daily Herald Staff
Published: 9/21/2009 2:05 PM

A trial for operators of Bloomingdale's Pet Rescue was postponed again Monday, sparking protest from critics who argue neglected cats and dogs are "rotting in cages" amid delay after delay.
Toting signs such as "No Justice for the Animals," about one dozen peaceful demonstrators took authorities to task for allowing the misdemeanor case to drag on in court for more than a year.
The no-kill animal shelter, in operation more than three decades, long has been the subject of controversy as former clients, volunteers and workers accused the operators of hoarding animals and providing improper care rather than adopting them out to suitable homes.
One year ago, prosecutors charged Pet Rescue President Dale Armon and her director Penny I. Horak with misdemeanor animal cruelty and violation of their duties after several cats and dogs became sick, some to the point they had to be euthanized.
Both women maintain their innocence.
So far, DuPage Associate Judge Ronald Sutter has allowed two trial delays. On Monday, he granted a continuance to allow the defense time to respond to new evidence the prosecution said it uncovered during a recent witness interviews.
"We feel it has gone on far too long," said Kris Nesheim, a protest organizer. "It's beyond frustrating. It is clearly a blatant disregard for the law."
Sutter earlier ordered regular inspections of the shelter at 151 N. Bloomingdale Road. State agriculture officials said they inspect the shelter with a licensed veterinarian two to three times a month.
"I agree this case has dragged on too long," DuPage State's Attorney Joseph Birkett responded, "but my assistants are duty bound to disclose all additional information they uncovered to the defense."
The state agriculture department also has tried to revoke Pet Rescue's operating license, but its administrative hearings on the matter also often have been postponed. And Bloomingdale officials planned a public hearing in December 2008 to revoke Pet Rescue's special-use permit, but the hearing never took place because local officials thought it best not to interfere with the state investigation.
Critics, many of whom said they witnessed atrocities first hand, argue local, county and state officials have allowed the situation to fester far too long.
"This case is completely out of control," said attorney Cherie Travis, who represents those behind the effort to shutter the shelter. "It is absolutely unacceptable that the animals are rotting in cages with the county veterinarian taking care of them and the trial postponed indefinitely."

September 21, 2009

2009-09-24T12:55:00.000-07:00

Thank you to all Operation Mia supporters for protesting with us on Monday.

and the delay goes on....

2009-09-18T18:37:00.000-07:00

Operation Mia and friends will be protesting in front of the Dupage County Courthouse on Monday, September 21 @ 8:30 AM sharp.
We are in disbelief that this trial continues to linger and are hopeful that our presence will display the serious need for the rescheduling of this trial to take place much sooner then later...... for the sake of the animals.
WE NEED EVERYONES SUPPORT SO PLEASE GIVE AN HOUR OF YOUR TIME.

Humanely,
Operation Mia

and the PRI animals continue their life sentence

2009-09-18T10:23:00.000-07:00

Unfortunately the Pet Rescue Trial has been continued based on an emergency motion made by the defendants.

SUPPORT AHF This Sunday September 13

2009-09-10T12:01:00.000-07:00

Click on Flyer for
all Information

A Heavy Heart Comes Twice

2009-09-10T11:31:00.000-07:00

1) I volunteered at Pet Rescue 30 years ago and thought it was filthy and full of sick animals at that time. Quit because it was so depressing and frustrating. I now volunteer elsewhere and love it! I'm VERY interested in everything pertaining to closing Pet Rescue. I printed out names and addresses of all the important people to contact, and plan to write to each of them. Bless you all for what you're doing!
Dina

2) It was horrible, even back then. All the litterboxes were full of diarrhea. I was in that dark, damp basement once and saw the dogs' 'living' conditions.
A friend of mine wanted to adopt a dog 25 years ago or so, but Dale Armon wouldn't let him because he worked during the day. She never wanted to let go of any of the animals. Death seemed the only release for some of them. My teenage daughter told me several months ago that a friend of hers was going to adopt a dog they'd seen one day. The next day when they went back, the dog was dead.
I hope it's finally closed for good, for the good of those poor animals and others to come.
Dina
Medinah, Illinois

BLOOMINGDALE PRESS

2009-09-06T11:13:00.000-07:00

By Janice Hoppe, jhoppe@mysuburbanlife.com
Bloomingdale Press
Thu Sep 03, 2009, 01:52 PM CDT

Bloomingdale, IL -
A Bloomingdale shelter went to court in late August to show it was following court orders with veterinarian visits and to produce those records to the Illinois Department of Agriculture.
Pet Rescue, 151 N. Bloomingdale Road, and two of its officials were charged last year with misdemeanor counts of animal cruelty and violation of owners’ duties for allegedly mistreating about a dozen cats and dogs.
Attorney Rick Schoenfield is representing Pet Rescue’s director Penny Horak of Winfield. Shelter President Dale Armon of Berkeley and the corporation each have hired separate attorneys.
Schoenfield said the hearing that occurred in Springfield in late August involved provided records to the Department of Agriculture.
“We believe the records have been produced and they weren’t required to produce the records,” Schoenfield said. “Inspections are one thing and asking us to go and produce this is another.”
Schoenfield will represent Horak in the Sept. 21 criminal trial in the DuPage County Courthouse in Wheaton. He said the misdemeanor charges allege she didn’t provide veterinary care to the animals in the shelter.
“We believe that the sentence will be found not guilty and (she will be) vindicated after the trial,” Schoenfield said.
Operation Mia is a group of former Pet Rescue volunteers who are trying to inform the public about the way animals are treated at the shelter and get the place closed permanently. Group leader Kris Neshim said she worked in the shelter for only a couple of months and couldn’t stand the way the animals are treated.
“(The animals) were not taken care of medically,” Neshim said. “They were all very ill. Since we have started a year ago, (many) cats have died.”
For 30 years, former Pet Rescue volunteers have been trying to close the shelter because of what they say are poor conditions for the animals kept there.
“No one thought it would go this long and this many would die,” Neshim said

HEAVY HEART Responders

2009-08-23T09:26:00.000-07:00

To Whom It May Concern,
I must admit this is the saddest letter I have EVER written.
I actually worked at Pet Rescue for over a month--I love animals
but I just couldn't see the faces of those poor innocent animals anymore that just wanted
a home. I was never taught what to do-Penny Horack, just figured I would
somehow know everything. She avoided me as much as possible. My
job was to help with this elderly lady,that helped twice a week and they
were so lucky for her. I never saw Penny do anything there. We would start
to clean the cat cages in the big house(the one that had a sink with
running water-the small building with animals cages upon each other didn't).
We would have to go as fast as we could--because no one was going to help us.
( a break--see if you can drink a bottle of water, you brought). I
would want to pet or play ONCE in a while with these animals striving for love
and would be told to go faster on cleaning. We where out of supplies
often, so everyone would not only bring newspaper for cages BUT we had to
bring Kitty litter, food - I brought new pillowcases for their beds and toys, a
volunteer, I think we had only 3(?) would bring home the pets' laundry. If Penny
brought anything in, she wouldn't get there usually until mid-morning, if she
came. By the time you bought everything there went your paycheck but it was for
the ANIMALS. Some of us didn't care. Everyone there THAT cared wanted to bring
an animal home. I already have pets so couldn't have,Penny probably would have
denied me-she does that to A LOT to qualified people, till the animals get older
with no discipline and some people would bring them back usually because of
illness or aggression. I can remember cleaning cages that had signs to give medicine BUT NO
MEDICINE was there and the animals needed it. I would ask my fellow worker and
she said write it up(I brought my own paper) Penny would take care of it--SHE
NEVER DID. Usually, Sharon Seremek(an angel for pets) would try to get them
into
her vet and pay for them because Pet Rescue I heard owed so much money to vets.
I never saw ONE vet there -to check on these poor animals. My heart would break
every day. I wrote so many notes for Penny on sick animals to no avail.
Upstairs,I couldn't believe it, they had a wall of Feral cats(ones that should
be released). The way they would get fed was you would stick a stick in their
cages and kind of flick in their food/water because they were known for
attacking--of course,they are not to be in cages. Then in the small
bathroom--they actually had pigeons, in the bathtub!!! All loosing their
feathers-how sanitary! We would try and get a sandwich or something in for a
lunch and go to the small house-it was always on the go. We sat where we
could because the cages are stacked on top of each other. In the accompanying
cat room-those cats did not look well at all. ONE day Penny was there (big house)
with someone she was trying to impress. They moved one sweet dog to the back
room-and another dog to the middle,again,trying just
to impress this woman.
FINALLY, Penny was there where I could talk to her. I told her of my notes and could she look at
this one REALLY sick cat, she was just laying in her litter and moaning. Penny
dismissed me saying later she would give it penicillin-she didn't even look at
the cat and left. I couldn't take it anymore, and kept telling the people in the
small house to call the owner,Dale, who finally agreed to have the cat taken
in to a vet. I TOOK the cat myself, to one of the vet's Kris used. They were
appalled=the cat had been sick and in pain for a long time-she had to be put to
sleep. I called Kris who called Dale who had to agree. The vet was angry. So I
left without the poor cat knowing it would be going to a much happier place. I
called Penny the next morning and said I had to quit, I couldn't take being with
those abused animals as it was affecting everything else I did. And the sick cat
was the last straw.-she told everyone I called in sick once and never again so
she had to fire me.
I didn't fight it, I
know what I did-I just couldn't look into their eyes anymore. I have to drive
by there more lately and with all those animals there, usually two cars in the
parking lot-2 people TAKING CARE OF ALL THOSE ANIMALS,I always get a tear in my
eye. Please,you have to get those pets out of there and into SAFE and HUMANE
places, please. They are living in worse than HELL and they did nothing but be at the
wrong place,wrong time-I don't think God wanted that, do you? Do you think your
fellow or rival politicians would?
Sincerely,
Nancy
Glendale Heights, IL.
Thank you for your time....

HEAVY HEART Responders

2009-08-23T09:21:00.000-07:00

July 29, 2009

To whom it may concern:
Almost 15 years ago I went to Pet Rescue in Bloomingdale, IL to adopt a cat. Upon walking into the Cat Room, I was appalled at the conditions in which the cats were kept. It was overcrowded and EVERY single cat had a runny nose, watery eyes and sneezing. They were all very lethargic – not like cats normally behave. There was cat litter all over the floor and some cats were even sleeping or lying in their dirty litter boxes. After being there only about 15 minutes, I looked at my Fiancée with tears in my eyes and said there is no way we could take a cat home from there. Being a lifelong animal lover, I was emotionally torn by that decision. Had I the resources, I would’ve taken every cat there and released them back into the world rather than leave them there in the horrid, disgusting conditions.
My purse fell off my shoulder and fell to the floor. When I bent down to pick it up, an emancipated cat with the most beautiful green eyes literally jumped onto my shoulder and dug her claws into me. When I tried to remove her to put her back down, she was shaking and would not let me remove her from my shoulder. I looked into this cats face and knew if I did not take her home, she would die there. I adopted her, named her NALA and immediately took her to a Veterinarian. He said that Nala had an upper respiratory infection which is highly contagious and deadly if not treated. That is why all the cats in the room had the same symptoms. In addition, due to the conditions she lived in – her digestive system was affected. After receiving medication, love, a clean environment and decent food – within a weeks time – Nala transformed into the most beautiful cat I had ever seen. That is all it took – medication, a clean environment and decent food.
On the outside she was beautiful but internally, her digestive system never recovered and no matter what the Vet and I tried, she lived with chronic diarrhea the rest of her entire life. I took her to specialists and after thousands of dollars later, we all came to the conclusion that she had lived in such poor conditions for so long, that her digestive system would not recover and she would have to live with the diarrhea.
After that first week when Nala recovered from her upper respiratory infection, I called the Bloomingdale Police which transferred me to Animal Control. I complained about what was going on there and what the Vet told me. They said it was not in the power to do anything. A month later, I read where Pet Rescue was having some "take a picture with your pet" day and called the Daily Herald. This shelter that kept animals that were sick and HIGHLY CONTAGIOUS was inviting people to bring there pets there? I was HORRIFIED! I called the Daily Herald immediately and left several messages about what I had seen and what I was told by the Vet. Nobody ever called me back.
I thought at some point in the last 15 years I read that Pet Rescue was finally closed down. I just found out that it wasn’t. I cannot believe that a license for Pet Rescue has EVER been renewed. I cannot believe that the people who are in charge of caring for these animals have never been fined or arrested for the animal cruelty that I saw there 15 years ago. Not only that, but that these same people have been allowed, by our government, to continue in the practice of mistreating, harming and sentencing these animals to such cruelty and probably death.
I have watched the shows on the ASPCA and how they will go into a person’s home and not only take their animal but actually arrest them for the cruelty they inflict on one animal. Yet Bloomingdale and the State of Illinois allow this so called Animal Shelter to remain in business of doing the exact same thing for over 15 years!? Appalled I am at this. Sickened by what is allowed to continue and the blinders that have been worn for so long. Shamed that I did not do more before.

3 weeks ago I went to Stratford Mall and saw there was a store there with puppies. I went in there thinking they were for adoption. I was told they were not there for adoption, they were for sale. I looked into the makeshift baby cribs with Plexiglas around them and saw smelly, urine infested conditions. 3-4 puppies in one crib. Some with empty food and water dishes and some with no dishes at all. I asked to see one of the puppies and was brought into a small room. While we were walking, this teenager told me that puppy was $2,000! $2,000 for a puppy but you can’t give them food or water? The puppy ran around, sniffing the floor for food. Any little scrap he could get. I had a pretzel in my purse that I was bringing home and gave him some. He was STARVING. He ate that pretzel like he never had food before. When I brought the puppy out and handed it to this boy, I was furious. Yet, thinking about it, how could I be angry with a young boy who was probably working a minimum wage job for summer break? I told him he needed to give those puppies all food and water. He blinked at me and said they didn’t have enough dishes for each crib, so he switched them from one to the other. I looked at the wall and they sold fancy food dishes for $25. I told him to pull one of those down and he said he couldn’t do that.
If the State of Illinois cannot take care of simple things such as licensing for animal caretakers and will issue a license to any schmo who walks in the door and asks for it, then we are surely in the deepest of trouble. If the Village of Bloomingdale is so desperate for money that they will allow this sickness to continue – not only continue but allow others to do the same thing – then shame is upon the Village of Bloomingdale. If Stratford Square is so desperate for someone to rent a store front that they need to resort to allowing such despicable conditions to continue – then they should be shutdown as well.
In conclusion, my thoughts are that the people who are entrusted with the care of the needy – be it a person or an animal – must take that job seriously. If they do not, then they do not deserve to be in that position and should move on to something less responsible. STEP UP people. It doesn’t take a lot of effort to walk in the door of that shelter or that store front and see or smell EXACTLY what is going on there. Do your jobs or get out of the way and let other people do it for you.
Respectfully,
Jacquie
Bartlett, IL

WORTHY OF ALL OUR SUPPORT

2009-08-18T19:57:00.000-07:00

.....ALMOST HOME FOUNDATION

Operation Mia can never thank AHF enough for their continued compassion and support. But with your help we can all come together for the Almost Home Foundation Running for Animals event on September 13, 2009. Lets have a great day of fun and show our compassion and support for all they do and represent for all animals.
Click on the following links for all event information and to sign up for their event.

http://www.events.org/runningforAnimalrescue/cpage.aspx?e=19417

http://www.almosthomefoundation.org/recentevents/RunningForAnimalRescue/5k_fun_run.jpg

Strength In Numbers

2009-07-30T20:39:00.000-07:00

Please join Operation Mia on August 3rd,
Monday from 8:00 AM - 9:15 AM
Dupage County Court House
In front of Building 503

OPMIA opens up to RADIO

2009-07-26T20:29:00.000-07:00

Sunday Morning
July 26
Operation Mia hits the airwaves on
Radio 820 AM
10:00AM - 11:00AM

Subpoenas are Coming... Subpoenas are Coming

2009-07-18T15:15:00.000-07:00

The Criminal Trial has been set for September 21, 2009

Dupage County
Room 4007

Almost Home

2009-07-18T14:54:00.000-07:00

THANK YOU AHF Volunteers for taking the time to join Operation Mia at the Village Meeting last Monday night.
We truly appreciate and admire your compassion and incredible support.
God Bless....Operation Mia

NEXT VILLAGE MEETING

2009-07-11T20:17:00.000-07:00

Village of Bloomingdale
July 13, 2009
Monday @ 7:30 PM

Special Thank You to the ALMOST HOME FOUNDATION

2009-06-30T02:17:00.002-07:00

Dear AHF, Save-A-Pet and all Volunteers,

Thanks to all that joined in to support the CPR Rally Sunday evening instead of enjoying the Bloomingdale Family Fest like so many others.

Whether you grabbed a sign, stopped to offer words of support, handed out our flyers or gave us a tute as you drove by, the voices for PRI animals could be heard loud and clear.

Operation Mia would like to thank all of the wonderful volunteers for not only their time but for extending their friendship. Thank you to Roselle Police Department, your presence and support was indeed refreshing.

With sincere gratitude and the utmost respect for all of you,

Humanely,

Operation Mia.

JUNE 28 SUNDAY NIGHT 6PM - 9PM

2009-06-27T09:50:00.000-07:00

OPERATION MIA AND FRIENDS HOLDING A PEACEFUL PROTEST

JOIN US for a PEACEFUL PROTEST RALLY on behalf of the forgotten souls of PET RESCUE, INC. who continue to wait too long in silence to find the loving home they deserve but can only DREAM of.

WHEN: SUNDAY, JUNE 28TH, 6-9 P.M.
WHERE: SIDEWALK IN FRONT OF BUTERA FOODS ON LAKE STREET NEAR SPRINGFIELD RD. IN ROSELLE.

Sunday is the last day for Bloomingdales "FAMILY FEST" which is the night of the Grand Finale FIREWORKS. A perfect opportunity to publicize the continued plight of the animals and create somoe fireworks of our own.
So invite your friends and grab a picket sign and help make the difference for the animals.
*REMEMBER SIDEWALK ONLY AND BEHAVE IN AN ORDERLY MANNER*
Operation Mia and Friends will protest with sincerity, dignity, and a United show of strength.

Saxenmeyer ALL Over Pet Rescue, Inc.

2009-06-25T18:53:00.000-07:00

http://www.myfoxchicago.com//subindex/wildcard_13/specialreports

NEW TRIAL DATE

2009-06-24T07:47:00.000-07:00

Trial is set for September 21, 2009

VIOLATION OF OWNERS DUTIES

2009-06-24T07:36:00.000-07:00

A 5th criminal charge has been added.

4 Steps Closer to Justice for PRI Animals

2009-06-22T22:31:00.001-07:00

4 more Criminal Charges ADDED.
The trial moves to September....

Pet Rescue EXPOSED

2009-06-20T12:44:00.000-07:00

Time for you to decide!!!
Tune in Thursday
June 25, 2009 @ 9:00 PM
FOX 32 Mark Saxenmeyer reports

Village of Bloomingdale

2009-06-20T10:51:00.000-07:00

next meeting Monday
June 22, 2009
7:30 PM

Riley looses a chance at a loving home

2009-06-17T17:39:00.000-07:00

Woman reaches plea deal after taking dog

By Christy Gutowski Daily Herald Staff
Published: 6/17/2009 12:00 AM

Dorothy E. Redinger insists she isn't one to break the law.
Still, after her adoption of a white papillon puppy at Bloomingdale's Pet Rescue was denied, Redinger said she was so frightened for its safety she became desperate.
"The dog was clutching me," Redinger said through tears. "I don't know what I was thinking. I just basically thought no one was going to help this dog. She has no voice. So, I put her in my car and I left. I just wanted to get her out of there and to a vet."
The 47-year-old Carol Stream woman pleaded guilty Tuesday to misdemeanor disorderly conduct for fleeing July 11 with the female 9-month-old pooch, named Riley, after her adoption fell through at the beleaguered animal shelter without explanation despite weeks of paperwork, interviews and payment.
Prosecutors originally charged Redinger with theft, which carries up to a one-year jail term. Instead, she was sentenced to six months' court supervision for disorderly conduct in a plea deal her attorney, Paul DeLuca, worked out after citing the facts of the case and Redinger's lawful past.
The no-kill private animal shelter, which opened 30 years ago, long has been a controversial subject as many former workers, clients and volunteers accuse the operators of hoarding animals and providing improper care rather than finding suitable homes.
Pet Rescue president Dale Armon, 74, and her director, Penny Horak, 69, are facing criminal charges alleging misdemeanor animal cruelty and violation of their duties after several cats and dogs became sick, some to the point they had to be euthanized.
Armon and Horak maintain their innocence.
DuPage Associate Judge Ronald Sutter, who presided over Tuesday's plea deal, has set an Aug. 10 trial date for Armon and Horak.
Sutter earlier ordered regular inspections of the shelter at 151 N. Bloomingdale Road. State agriculture officials said they inspect the shelter with a licensed veterinarian two to three times a month.
The state department also is trying to revoke Pet Rescue's operating license after filing 22 violations in March. The shelter is accused of failing to provide records for 21 cats and one dog, named Mickey Blue Eyes, that state officials requested. A July hearing is set.
As for Redinger, who endured months of court appearances and the legal expense, the animal lover said she doesn't regret trying to help Riley.
"I'm not one to break the law," she said, "and I really wouldn't do it again. I can't say I wouldn't go to bat again for an animal that is suffering like that. If you think I'm being overly dramatic, go there and see for yourself.
"The saddest part of this is that the dog is still there."

Thank You For Your Support

2009-06-17T17:18:00.000-07:00

Thank you everyone who came out to support Operation Mia's Fundraiser last Saturday night.
A special Thank You for the wonderful donations provided by:
TIFFANY EVANS - Contributed this Fundraiser's first $100.00
CHIC CONCEPTS - Donated Products and Services
ALL THINGS WOOF - Donated Products and Services
& of coarse to Broken-Hip for providing the evening with entertainment.

FUNDRAISER JUNE 13, 2009

2009-06-08T17:30:00.000-07:00

June 13, 2009 Saturday @ 7:00PM - 10:00PM
Fundraising for our Abused and Neglected Animal Friends.
Brunswick Zone1100 w. Lake StRoselle, Il (630) 351-2100

Live Music by BROKEN HIP featuring a tribute to classic rock of the 1970's.Dance, sing along or just kick back and take a trip down memory lane!
Please join Broken Hip and Operation Mia for a fun-filled evening.
$25.00 per person includes Pizza and Soda
50/50 Raffles
Silent AuctionPrizes and more!
Pay at door with cash or checks payable to "Save-A-Pet' GrayslakeMark your calenders and see you there!

Village of Bloomingdale Meeting

2009-06-08T11:10:00.000-07:00

Village Meeting has been changed to
June 9, 2009 @ 7:30 PM

Village of Bloomingdale

2009-06-03T21:21:00.000-07:00

Next Village Meeting
June 8, 2009
Monday @ 7:30 PM

GO FIGURE!

2009-06-03T21:09:00.000-07:00

PRI requests a continuance. IDOA opposes a continuance.
The Administrative Law Judge grants the request.
The next conference hearing is July 7, 2009.

Dupage County Board Meeting

2009-06-03T21:04:00.000-07:00

Operation Mia meets and discusses more about PRI to the Board of Trustees.
May 26, 2009 @ 7:30 PM

Dupage County Board Meeting

2009-06-03T20:58:00.000-07:00

Operation Mia opens the case up to the Board of Trustees
May 12, 2009 @ 10:00 AM

Village of Bloomingdale

2009-06-03T20:51:00.000-07:00

Village meetings

May 27 - Operation Mia represented by 2 members for updates.

May 11 - Operation Mia break from the Village

Next Village Meeting

2009-04-20T16:02:00.000-07:00

Monday
April 27, 2009
@ 7:30 PM

Jury Trial August 10

2009-04-16T12:33:00.000-07:00

Trial date set in Pet Rescue case

By Christy Gutowski Daily Herald Staff
Published: 4/16/2009 1:25 PM

A DuPage County judge upheld the state animal welfare law Thursday in Bloomingdale's beleaguered Pet Rescue court saga, clearing the way for a summer trial.
Judge Ronald Sutter denied a defense request to declare the law unconstitutional and, thus, allowed misdemeanor charges to stand against two of the no-kill animal shelter's operators.
An Aug. 10 trial date was set.
The shelter, which opened three decades ago, has been a subject of controversy for years as former volunteers, workers and clients accused operators of improper care of the animals.
Pet Rescue president Dale Armon, 74, and her director, Penny Horak, 69, are facing criminal charges alleging misdemeanor animal cruelty and violation of their duties after several cats and dogs got sick, some to the point they had to be euthanized.
Armon and Horak maintain their innocence.
As part of the criminal proceedings, Judge Sutter earlier ordered regular inspections of the shelter. State agriculture officials and a licensed veterinarian inspect the facility at 151 N. Bloomingdale Road at least three times a month.
The state department also is seeking to revoke Pet Rescue's license and impose a fine after state officials last month filed 22 new violations.
The privately run shelter is accused of failing to provide records for 21 cats and one dog, named Mickey Blue Eyes, that state officials requested. A May 19 hearing is set in Springfield.
This is the second time state officials tried to shut down Pet Rescue in recent months. Operators were accused of four earlier violations involving sick animals and the lack of a pressurized water source in an annex building.
Pet Rescue paid a $200 fine for one violation. In a March 3 ruling, administrative law judge John Shull allowed the shelter to remain open when he dismissed two other violations but upheld one regarding the water source. Pet Rescue is appealing the $500 fine.

We Need You on April 16, 2009

2009-04-14T21:19:00.000-07:00

How much longer will the fate of PRI animals be controlled by President Dale Armon and Director Penny Horak?
Last month, the defendants filed a motion to dismiss stating that "animal laws are unconstitutional". Though we can expect further delay tactics pulled out of Mr. Schoenfelds hat, we have to believe that the current Illinois animal laws will prevail as well as the Judge will finally begin to lay the groundwork for a fair trial for all PRI animals.
It is time for the laws to determine the final disposition of Dale Armon and Penny Horak.
Please show your support on:
Thursday, April 16 @ 9:30 AM
Dupage County Court House
505 County Farm Road
Room 4007
Leave your cell phones in the car.

New violations filed against Pet Rescue

2009-04-10T22:05:00.000-07:00

By Christy Gutowski Daily Herald Staff
Published: 4/10/2009 12:01 AM

Bloomingdale's beleaguered Pet Rescue is facing more state scrutiny.

The Illinois Department of Agriculture is seeking to revoke the no-kill animal shelter's license and impose a fine after state officials filed 22 new violations.
The privately run shelter is accused of failing to provide records for 21 cats and one dog, named Mickey Blue Eyes, that state officials requested. A May 19 hearing is set in Springfield.
"It is a record-keeping matter, but it's a basic requirement under the statute," said Jeff Squibb, the agriculture department's spokesman. "We believe it's critical on behalf of the care of animals."
This is the second time state officials tried to shut down Pet Rescue in recent months. Operators were accused of four earlier violations involving sick animals and the lack of a pressurized water source in an annex building.
Pet Rescue paid a $200 fine for one violation. In a March 3 ruling, administrative law judge John Shull allowed the shelter to remain open when he dismissed two other violations but upheld one regarding the water source. Pet Rescue is appealing the $500 fine.
The shelter, which opened three decades ago, has been a subject of controversy for years as former volunteers, workers and clients accused operators of improper care of the animals.
In fact, a Carol Stream woman is facing a misdemeanor theft charge after being accused of trying to steal a puppy when her adoption attempt was denied. Her lawyer said the woman was so troubled by Pet Rescue conditions that she feared for the puppy's safety.
Pet Rescue president Dale Armon, 74, and her director, Penny Horak, 69, also are facing criminal charges alleging misdemeanor animal cruelty and violation of their duties for several sick cats and dogs, some of whom had to be euthanized.
Armon and Horak maintain their innocence. A March 23 trial was postponed.
Defense attorney Rick Schoenfield argues the state animal welfare law is unconstitutional. Lawyers may argue before DuPage Associate Judge Ronald Sutter during an April 16 court hearing. Schoenfield said he feels so passionately about the shelter's importance, he is working for free.
"My reason for doing so is my belief that Pet Rescue saves hundreds of animals a year that would otherwise be on the street or be killed," he said.
As part of the criminal proceedings, Judge Sutter ordered regular inspections of the shelter. Squibb said state agriculture officials and a licensed veterinarian inspect the facility at 151 N. Bloomingdale Road at least three times a month.
Meanwhile, Bloomingdale officials said they are holding off on a hearing to review Pet Rescue's special-use permit until the court and state agriculture proceedings conclude. The issue is on the village board's agenda for its 7:30 p.m. Monday meeting.

22 New Charges

2009-04-09T09:57:00.000-07:00

Illinois Department of Agriculture
Bureau of Animal Health and Welfare
has issued 22 new charges for
Pet Rescue, Inc.
Bloomingdale, Illinois

Paving their way to Freedom

2009-04-06T20:31:00.000-07:00

Check back in the next day or so for some SERIOUS updates...
See everyone next Monday!!!!

VILLAGE OF BLOOMINDALE

2009-04-06T20:26:00.000-07:00

NEXT MEETING
April 13, 2009
Monday @ 7:30 PM

Village of Bloomingdale

2009-04-01T09:12:00.000-07:00

Next Meeting
April 6, 2009
Monday @7:30pm

JUDGE POSTPONES MARCH 23 TRIAL

2009-03-23T08:49:00.000-07:00

The Defendants have filed a motion to dismiss, The Defense is saying the animal statutes are unconstitutional.
The hearing for the motion to dismiss is April 16.

2009-03-18T19:00:00.000-07:00

VILLAGE OF BLOOMINGDALE
next meeting
MARCH 23, 2009 @ 7:30 p.m.

2009-02-19T13:43:00.000-08:00

Please Attend The Village Meeting on February 23, 2009 @ 730pm

2009-02-05T14:07:00.000-08:00

Dale D. Armon takes a hit from McHenry County

2009-01-12T11:23:00.000-08:00

UNITED STATES DISTRICT COURT
NORTHERN DISTRICT OF ILLINOIS
WESTERN DIVISION
DALE ARMON, )
)
Plaintiff, )
)
v. ) No. 07 C 50173
)
McHENRY COUNTY, et al. )
)
Defendants. )
MEMORANDUM OPINION AND ORDER
FREDERICK J. KAPALA, District Judge:
In this action brought pursuant to 42 U.S.C. § 1983, plaintiff, Dale Armon, claims that
defendants, McHenry County; the McHenry County Board of Health; Patrick McNulty, the Public
Health Administrator of the McHenry County Department of Health; Dr. Edin Mehanovic, the
administrator of McHenry County Animal Control; Sean Graf,1 an inspector for McHenry County
Animal Control; and Jerry Rivard, the manager for McHenry County Animal Control, violated her
Fourth and Fourteenth Amendment rights as a result of an illegal search of her farm and seizure of
several animals found on the premises. The parties have filed cross-motions for summary judgment.
As discussed below, because there is no genuine issue of material fact concerning the validity of the
search warrant in this case, the court concludes that defendants are entitled to summary judgment.
I. BACKGROUND
The following, relevant facts are undisputed. At all relevant times, plaintiff resided on a
2
large piece of farm property located in Hebron, Illinois. On September 8, 2005, Graf, an inspector
for the Animal Control Division of the McHenry County Department of Health, filed a complaint
for an administrative search warrant in which he requested the issuance of a search warrant for
plaintiff’s farm. According to the complaint, on August 3, 2005, Animal Control received a call
from Claudia Dunn, who complained about the care of the animals residing at plaintiff’s farm.
Specifically, Dunn stated that she had been to the plaintiff’s home that day and witnessed the
“horrible conditions” in which the animals were being kept. Dunn also stated that plaintiff had no
electricity or gas, and that plaintiff did not have enough money to pay her bills or buy food for the
animals.
According to the complaint, Graf and Mehanovic went to plaintiff’s home on August 3,
2005, in response to Dunn’s complaint. After entering the home with the consent of plaintiff, they
observed the following:
(1) A strong smell of animal feces and urine.
(2) Eight to ten cats in cages in the kitchen with litter boxes full of feces and urine.
(3) Five of the cats stood out as being extremely sick with upper respiratory
infections.
(4) Five more cats located in a room of the home with litter boxes full of feces and
urine, with feces running down the walls.
(5) A 12’ by 13’ in size room with 30 plus cats, with feces and urine running down
the walls. The cats in this room appeared very thin with signs of infections.
(6) The garage on the premises housed at least 15 dogs. The dogs’ kennels are dirt
floored and there was a strong smell of urine, and had no water.
(7) What appeared to be a wolf-hybrid in the pool house located on the premises.
She claims it was not a wolf-hybrid and had not [sic] registration of vaccination
papers for the wolf.
On August 8, 2005, Graf returned to the residence for a follow up visit, at which time plaintiff stated
that two of the cats had died due to their health. Graf further stated in the complaint that “[a]ll of
the cats were emaciated and had mucus crusted on their faces,” an iguana was found that was “very
2 Both Article XVII and the Humane Care for Animals Act provide, among other things, that
a person or owner of any animal in their charge must provide the animal with a “sufficient quantity
of good quality, wholesome, food and water,” “adequate shelter,” “veterinary care when needed to
prevent suffering,” and, in general, “humane care and treatment.” See Art. XVII, Animal Control
for McHenry County, § 11.02 (amended Feb. 1, 2007), available at
http://www.co.mchenry.il.us/common/CountyDpt/Health/PDFDocs/ArticleXVII_001.pdf; see also
510 ILCS 70/3. Substantially similar regulations existed at the time the search warrant was issued.
(See Doc. 28, Exh. A at 1-2).
3
thin and covered in mites,” and “[t]here were other closed rooms with animals inside in poor
condition.”
The complaint alleged that there was probable cause to believe that these animals remained
on the premises in violation of the McHenry County Animal Control Ordinance. Graf further
asserted in the complaint that, “[d]ue to the severity of the condition of the numerous animals
witnessed on the premises and the owner’s disregard for the conditions under which the animals are
living it is necessary to check the welfare of the animals on the premises and impound the animals
for the health and well being of the owner and the animals.”
An administrative search warrant was issued on September 8, 2005, the same day the
complaint was filed. The judge issuing the warrant found that the complaint “states facts sufficient
to show probable cause of possible violations of Article XVII of McHenry County Animal Control
Ordinance and the Humane Care for Animals Act, 510 ILCS 70/3.”2 The warrant further stated:
I therefore, command any agent of the County of McHenry and the State of Illinois
to search the property . . . including the interior of any residence and any accessory
building or structures for purposes of conducting an inspection for any evidence of
violations of the [sic] Article XVII of McHenry County Animal Control Ordinance
and the Humane Care for Animals Act, 510 ILCS 70/3, and to locate and seize any
animals kept in on [sic] this property in violation.
The judge also commanded that an inventory be prepared and that the warrant be executed within
96 hours from the time of its issuance.
4
Based on the search warrant, Graf and Mehanovic searched plaintiff’s property. During the
search, Animal Control seized some 53 cats, 10 dogs, a horse, a silver fox, 2 roosters, a sheep, birds
and other small animals and issued an order of impoundment for them. Some of plaintiff’s animals
were not seized.
Plaintiff appealed the seizure of her animals to the McHenry County Health Department, and
her appeal was denied by McNulty on September 19, 2005. She further appealed the decision to the
McHenry County Board of Health Hearing Committee, which found that the Health Department was
justified in impounding the animals, but recommended the return of the animals with certain
unspecified conditions. Thereafter, the McHenry County Board of Health agreed that the
impoundments were justified, rejected the Hearing Committee’s recommendation to return the
animals, and ordered that the animals remain in the custody of Animal Control. On January 17,
2006, plaintiff filed a complaint for administrative review in the Circuit Court of McHenry County,
and on May 18, 2006, the trial court affirmed the Board’s decision. Plaintiff then appealed that
decision to the Second District Appellate Court, which, on July 10, 2007, entered an order affirming
the Board’s decision after finding it to be reasonable and informed. Plaintiff also filed a petition for
rehearing, which was denied by the Appellate Court, and a petition for leave to appeal, which was
denied by the Illinois Supreme Court. Plaintiff filed her complaint in this case on September 10,
2007, while her petition for rehearing was pending before the Appellate Court.
II. ANALYSIS
Currently before the court are cross-motions for summary judgment. Plaintiff argues in her
motion that defendants violated her Fourth Amendment right to be free from unreasonable searches
and seizures by acting on a search warrant that was facially invalid. Specifically, plaintiff claims
3 The court recognizes that a determination of whether this action is precluded by the
Rooker-Feldman doctrine implicates this court’s subject matter jurisdiction, and therefore, this
analysis should be conducted before reaching the merits of the case. See Garry v. Geils, 82 F.3d
1362, 1365 (7th Cir. 1996). Suffice it to say that the court has considered the applicability of the
Rooker-Feldman doctrine and finds that it does not preclude the exercise of this court’s subject
matter jurisdiction given that the injury complained of in the instant litigation – a violation of
plaintiff’s Fourth Amendment rights – was not addressed in the state court’s judgment in the
administrative proceedings, but rather, is distinct from that judgment and occurred, if at all, before
that judgment was entered. See Centres, Inc. v. Town of Brookfield, Wis., 148 F.3d 699, 702 (7th
Cir. 1998) (“[T]he basic analytical methodology to be employed in determining the applicability of
the Rooker-Feldman doctrine: whether the injury alleged by the federal plaintiff resulted from the
state court judgment itself or is distinct from that judgment.”).
5
that the search warrant was invalid because (1) it failed to specify with particularity the items to be
seized; and (2) it was not based on probable cause because the information in the accompanying
complaint was a month old, and therefore, stale. In their response, and in their motion for summary
judgment, defendants argue that plaintiff is barred from litigating this matter under the doctrines of
res judicata and Rooker-Feldman. Defendants also argue in their response to plaintiff’s motion that
the warrant and, as a result, the search were valid and did not violate plaintiff’s constitutional rights.
Finally, defendants assert that, even if there was a constitutional deprivation, they would be entitled
to qualified immunity. Because a determination of the validity of the warrant is dispositive of the
case as a whole, the court need not discuss defendants alternative arguments.3
A. Particularity of the Search Warrant
The Fourth Amendment provides, in relevant part, that “no Warrants shall issue, but upon
probable cause, supported by Oath or affirmation, and particularly describing the place to be
searched, and the persons or things to be seized.” U.S. Const. amend. IV. Because the particularity
requirement is embedded in the text of the Fourth Amendment, “a search conducted pursuant to a
warrant that fails to conform to the particularity requirement of the Fourth Amendment is
6
unconstitutional.” Massachusetts v. Sheppard, 468 U.S. 981, 988 n.5 (1984). “The manifest
purpose of this particularity requirement was to prevent general searches.” Maryland v. Garrison,
480 U.S. 79, 84 (1987). In order to comply with this requirement, courts typically demand that “the
executing officers be able to identify the things to be seized with reasonable certainty and that the
warrant description must be as particular as circumstances permit.” United States v. Jones, 54 F.3d
1285, 1290 (7th Cir. 1995) (quotation marks omitted). However, “[i]f detailed particularity is
impossible, generic language is permissible if it particularizes the types of items to be seized.”
United States v. Hall, 142 F.3d 988, 996 (7th Cir. 1998).
In this case, given the circumstances of the search, the court concludes that the warrant
satisfied the particularity requirement of the Fourth Amendment. The warrant was by no means a
general warrant and was limited to authorizing a seizure of “any animals” that were being kept on
the property in violation of animal control ordinances and statutes. While it is true that the warrant
did not specify each and every animal that was to be seized, that type of detail would have been
impossible, especially considering the sheer volume of animals that were present on the property
and the fact that animals of the same type are not necessarily readily distinguishable. See Hall, 142
F.3d at 996. There is no doubt that the officers executing the search warrant in this case – members
of the McHenry County Animal Control – were “able to identify the things to be seized with
reasonable certainty.” Jones, 54 F.3d at 1290. Given all the facts and circumstances of this
particular case, the court finds that the warrant was not invalid based on a lack of particularity.
An examination of the cases that plaintiff relies on in support of her claim further
demonstrates that the warrant in this case was valid. In Groh v. Ramirez, 540 U.S. 551 (2004),
officers had information that Ramirez had “a large stock of weaponry” on his ranch. Id. at 554. The
4 Specifically, in the section of the warrant application that called for a description of the
“person or property” to be seized, the warrant stated: “[T]here is now concealed [on the specified
premises] a certain person or property, namely [a] single dwelling residence two story in height
which is blue in color and has two additions attached to the east. The front entrance to the residence
faces in a southerly direction.” Groh, 540 U.S. at 554 & n.2.
7
officers applied for a search warrant of Ramirez’s ranch in order to look for “any automatic firearms
or parts to automatic weapons, destructive devices to include but not limited to grenades, grenade
launchers, rocket launchers, and any and all receipts pertaining to the purchase or manufacture of
automatic weapons or explosive devices or launchers.” Id. The application was supported with a
detailed affidavit. Id. However, the warrant which the Magistrate signed utterly failed to set forth
with any particularity any item to be seized, nor did it did incorporate by reference the itemized list
contained in the application, instead it described only the place to be searched and not the things to
be seized. Id. at 554 & n.2.4 On review, the Supreme Court held that the warrant was “plainly
invalid” and “did not describe the items to be seized at all,” thus making the warrant “so obviously
deficient” that the Court felt compelled to construe the search as a warrantless search. Id. at 557-58.
Unlike the facts in Groh, the warrant in this case did not completely omit any description of the
items to be seized, and therefore, the warrant does not suffer from the same facial invalidity that
plagued the warrant in Groh.
Plaintiff also cites Lo-Ji Sales, Inc. v. New York, 442 U.S. 319 (1979), a case in which
officers obtained a warrant to search an adult bookstore and seize all copies of two films that a Town
Justice had determined were in violation of New York’s obscenity laws. Id. at 321. However, the
warrant also left open the possibility that other similar films or materials could be seized. Id. at 321-
22. The Supreme Court concluded that the warrant did not satisfy the particularity requirement
because “the warrant left it entirely to the discretion of the officials conducting the search to decide
5 In an apparent attempt to rectify the open-ended warrant, the Town Justice accompanied
the officers during the execution of the search warrant where he viewed the other allegedly
offending materials on site and determined, at that time, what was to be seized. See Lo-Ji Sales, 442
U.S. at 321-24. The Supreme Court held that this was improper and found that the Town Justice,
by allowing himself to become a member of the search party, “did not manifest that neutrality and
detachment demanded of a judicial officer when presented with a warrant application for a search
and seizure.” Id. at 326-27.
8
what items were likely obscene and to accomplish their seizure.”5 Id. at 325; cf. United States v.
Shoffner, 826 F.2d 619, 631-32 (7th Cir. 1987) (“The particularity requirement of the Fourth
Amendment is to be applied with a practical measure of flexibility and only requires reasonable
specificity. The warrant described the categories of items to be seized sufficiently to circumscribe
the discretion of the officers executing the warrant. It did not authorize a general search.”). In the
instant case, although the officers had some discretion in determining which animals to seize, a
decision of whether an animal has been neglected is of much less constitutional magnitude than a
decision of whether certain materials are obscene. Indeed, as the Seventh Circuit has explained,
“where law enforcement’s purpose is to seize material presumptively protected by the First
Amendment, the items to be seized must be described in the warrant with increased particularity.”
Hall, 142 F.3d at 996. Given the significant differences between the items to be seized in this case,
as compared to the items sought after in Lo-Ji Sales, the court finds that the decision in Lo-Ji Sales
does not impact the validity of the warrant at issue here.
B. Probable Cause – Staleness
“The Fourth Amendment permits a search of a person’s home only if there is probable cause
to believe that the authorities will recover the items subject to seizure at the time they execute the
warrant.” United States v. Newsom, 402 F.3d 780, 782 (7th Cir. 2005). A judge’s determination
of probable cause “is to be given considerable weight and should be overruled only when the
9
supporting affidavit, read as a whole in a realistic and common sense manner, does not allege
specific facts and circumstances from which the [judge] could reasonably conclude that the items
sought to be seized are associated with the crime and located in the place indicated.” Id. (quotation
marks omitted). “The age of the information supporting the application for a warrant is a factor that
a magistrate should consider. It is, however, only one factor. If other factors indicate that the
information is reliable and that the object of the search will still be on the premises, then the
magistrate should not hesitate to issue a warrant.” United States v. Batchelder, 824 F.2d 563, 564
(7th Cir. 1987).
Plaintiff argues that the delay of approximately 30 days between Graf’s last inspection and
the issuance of the warrant renders the warrant invalid because the information in support of the
warrant had become stale. Given the circumstances of this case, the court disagrees. The Seventh
Circuit has held that “[i]nformation a year old is not necessarily stale as a matter of law,” especially
where the warrant seeks evidence that is unlikely to have been disposed at the time of execution.
Newsom, 402 F.3d at 783 (discussing evidence of child pornography). In this case, given the
number of animals involved and the deplorable conditions in which they were found on two separate
occasions, the court cannot say that probable cause for the warrant to issue had evaporated based
on a 30-day delay, especially considering the deference given to the issuing judge’s determination.
See Newsom, 402 F.3d at 782. In other words, at the time the warrant issued, one month after the
latest observation, it was highly likely that animal control officers still would discover evidence of
multiple violations of the animal control ordinances and statutes identified in the warrant. See
United States v. Morrow, No. 06-CR-54, 2006 WL 1937355, at *7 (E.D. Wis. July 11, 2006)
(finding that “the passage of 30 to 40 days between the time the firearm was seen by the CS, and the
10
issuance of the warrant, was not so long that it could no longer be said that there was a ‘fair
probability’ that the firearm would be found at the duplex”); see also Newsom, 402 F.3d at 783
(finding that “[i]nformation a year old is not necessarily stale as a matter of law”). Accordingly, the
court concludes that the warrant was based on probable cause despite the age of the information
contained in the accompanying complaint.
III. CONCLUSION
Because the search in this case was conducted pursuant to a valid search warrant, there was
no violation of plaintiff’s Fourth Amendment rights and defendants are entitled to judgment as a
matter of law. Accordingly, plaintiff’s motion for summary judgment is denied, and defendants’
motion for summary judgment is granted.
Date: December 29, 2008 ENTER:
______________________________
FREDERICK J. KAPALA
District Judge

Fabulous Fundraiser coming up soon

2009-01-11T14:24:00.000-08:00

Please come and see my mom and her cool band play for all my friends that continue to be jailed at Pet Rescue, Inc.

It will be an evening of live music, raffles, prizes, auctions and a whole lot of fun! So come and help free my shelter buddies and have a rockin time...Humanely, Wiggles

DETAILS OF THE NEW DATE TO FOLLOW, PLEASE STAY TUNED...

Pet Rescue seems to be a Hoarding Facility, not an Animal Shelter

2009-01-10T20:37:00.000-08:00

Janauary 10, 2009

CPRinc. wants to share information received from a potential adopter today.

"After a brief visit to Pet Rescue, Inc. today, I was baffled when told that not only was the shelter not opened to the public today but cats are not going to be up for adoption until March. How is this even possible?"

Dear Potential Adopter,
Good question. Posted on Pet Rescues door reads, opened Saturdays 11 to 400. One would think that while Pet Rescue is under such scrutiny that Dale Armon would do all possible to open up to the public on what is the only day an animal may get a chance of getting a new life in a new home. Please contact the Illinois Department of Agriculture and Dupage County State's Attorney Joseph Birkett and voice you concerns.

Joseph Birkett, DuPage County State's Attorney
503 N. County Farm Road Wheaton, IL 60187
Phone (630) 407-8000
Fax(630) 407-8151
Email: stsattn@dupageco.org

State of Illinois Department of Agriculture
PO Box 19281 State Fairgrounds Springfield, IL 62794-9281

Thomas Jennings, Director
tom.jennings@illinois.gov
(217) 782-2172

John Kim, General Counsel
john.j.kim@illinois.gov
(217) 782-2172

Village Hall Meeting

2009-01-09T20:00:00.000-08:00

January 12 & 16, 2009
Mondays @ 730 pm

Village of Bloomingdale
201 S. Bloomingdale Road

Pet Rescue comes under fire

2009-01-09T19:52:00.000-08:00

A little bit of everything in Dupage County
Daily Herald
Published: 12/28/2008 12:04

The two elderly operators of a Bloomingdale no-kill animal shelter were charged with several misdemeanors in relation to the alleged lack of care for dogs and cats they were keeping. Dale Armon and Penny Horak were both charged with a variety of animal cruelty related crimes. The state's department of agriculture also intervened, requiring weekly visits to the oft-maligned shelter.

License hearing set for Pet Rescue

2009-01-09T19:49:00.000-08:00

By staff reports
Suburban Life Publications
Mon Dec 15, 2008, 02:34 PM CST

Bloomingdale, IL -
Officials from a controversial Bloomingdale animal shelter are scheduled to appear Wednesday before a judge in Springfield to determine the future of the shelter’s state license.
Pet Rescue, 151 N. Bloomingdale Road, had its license from the Illinois Department of Agriculture suspended last month after a fourth citation for violating state animal care laws, according the department. But the license was reinstated last month after an attorney for the shelter argued that the suspension was premature and should only come after a fourth conviction for a violation.
The judge will decide Wednesday whether to uphold the suspension.
In addition to the license suspension, there are criminal charges pending against the shelter and two of its officials.
Director Penny Horak, 69, of Winfield and president Dale Armon, 74, of Berkeley each have been charged with 16 misdemeanor counts of animal cruelty and violation of owners’ duties. Their trial is scheduled for March 23.
The village of Bloomingdale also plans to re-examine the shelter’s special-use zoning permit. A hearing date has not been set for that matter.

Inspections ordered at Bloomingdale animal shelter

2009-01-09T19:42:00.000-08:00

Facility is accused of providing substandard care
By Tribune Staff Report December 11, 2008
A DuPage County judge has ordered weekly inspections of a controversial Bloomingdale animal shelter by a veterinarian and a state worker.DuPage Judge Ronald Sutter on Wednesday ordered Pet Rescue to allow a veterinarian from DuPage County Animal Control and a representative of the Illinois Department of Agriculture, which regulates animal shelters, to have access to the facility.The shelter, at 151 N. Bloomingdale Rd., has been the subject of protests from residents who charge that the shelter doesn’t provide the necessary medical care and that the treatment of the animals is substandard.Shelter representatives said previous inspections didn’t occur because of scheduling problems.Pet Rescue Inc., as well as Dale Armon, 74, of Berkeley, the facility’s owner, and Penny Horak, 69, of Winfield, a shelter director, each have been charged with 16 counts of animal neglect and are set to go on trial March 23.