A San Diego judge ruled Friday that a controversial “shelter, neuter, return” community cats program in San Diego is unlawful, saying that returning domestic cats to the area they were found and turning them out without making sure they have a caretaker is tantamount to illegal animal abandonment.
The lawsuit, which was filed by attorney Bryan Pease against the San Diego Humane Society in 2022, alleges that categorizing friendly, tame, “adoptable” cats as community cats and releasing them outdoors instead of holding them in the shelter for adoption is illegal abandonment.
The problem that arises from removing cats from existing feral colonies is that the remaining animals breed, but if the captured cats are neutered and spayed, the stray population will decline over time, which is the eventual goal of the Community Cat program.
“San Diego Humane Society is deeply committed to the welfare of animals and our community, and we stand firmly behind the science and the expertise of animal welfare professionals that demonstrate the effectiveness of our Community Cat Program,” said the organization in an emailed statement.
“We remain unwavering in our belief that this program is the best solution for community cats, and that it is legal under California law.
“We are carefully reviewing the judge’s decision and collaborating with our legal team on next steps. This is only the first chapter in this case, and we expect that a future court will rule differently and understand that the Community Cat Program is both legal and the most humane way to save the lives of cats.
“In the meantime, the Community Cat Program remains in force as a lifesaving effort for animals in San Diego County.”
The highly anticipated ruling may change the way animal welfare programs are run in the region in unexpected ways.
Meanwhile, the community cat population in San Diego has surged since 2020, says Wendi Brick of the Feral Cat Coalition, a nonprofit surgical clinic that performs free spaying and neutering for community cats and a low-cost version of the same service for pets with owners.
“There are three Cs affecting the current feral population in San Diego. COVID (the boom and echo of pet adoptions), Climate (Cats can have 3-4 litters a year in warm climates, and they can start reproducing as early as 4 months old), and Cost (veterinary services in general and spay/neuter surgeries specifically are costly and out of reach for many),” said Brick, adding that there is not enough shelter space for all of the region’s feral or community cats.
“If shelters and adoption become the only solution available to address the crisis, more cats will be at risk of poor outcomes.”
Brick said that the practice of trapping, spaying or neutering cats, and then returning them from the region in a practice known as Trap-Neuter-Return, or TNR, is a “humane and appropriate solution” to the crisis.
It also has scientific backing. An article in the journal Frontiers in Veterinary Science explains that dogs and cats are much more likely to be found by searching their neighborhood of origin or returning home on their own than through a call or visit to a shelter.
“The majority of these cats exhibit feral behaviors and are not adoptable for indoor situations,” said Brick.
But there is room in every society for the humane treatment of domestic cats, Brick added.
“Community cats and communities can coexist peacefully here in San Diego and around the world.”
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