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Officials: Lack of laws thwarted action sooner on Mason Creek Kennels

Owner of raided kennel will face animal neglect and cruelty charges - both misdemeanors.

By Meghan Cooke
macooke@charlotteobserver.com

Caldwell County officials said Friday they were aware of worsening conditions at a now-closed kennel but were thwarted from acting by laws that don't address minimum standards for commercial breeders.

On Thursday, animal control officers raided Mason Creek Kennels, where they seized 276 dogs, mostly smaller breeds, including some with serious ailments and infections and living in small, feces-encrusted cages.

By Friday, the county shelter was flooded by calls from people who want to help or adopt the rescued dogs.

Greg Greene, Caldwell County's animal control director, said officers had gone to the kennel several times in recent years and had asked the owner, William "Bill" Thomas Allen, to make changes.

"He used to do a real good job and had a nice facility," Greene said of the kennel on Free Mason Road in Hudson, about 70 miles northwest of Charlotte.

Initially, Allen complied, Greene said, but over the past two years, the standard of care for the animals had declined steadily.

But it wasn't until this week that investigators felt they had legal justification to seize the animals from the kennel, where they found dogs kept in dirty kennels or small, stacked cages. Now, Allen will face charges of animal neglect and cruelty - both misdemeanors.

"There are no laws on the books about puppy mills," Greene said. "We have to wait until they fit the criteria for neglect and cruelty."

It's unclear how many of the nation's 10,000 commercial dog breeders would qualify as puppy mills, said Kim Alboum, the N.C. director of the Humane Society of the United States, which assisted in the rescue of the dogs.

Another group, In Defense of Animals, said a few Midwestern states are home to the nation's largest concentration of puppy mills.

But commercial breeders aren't regulated unless they sell to pet stores or research labs, Alboum said.

The U.S. Department of Agriculture regulates those types of breeders. But unless states pass more stringent laws, there are no minimum standards for commercial breeders who sell directly to the public.

Alboum said N.C. animal advocates have been pushing for three years for a state law to set breeder requirements for veterinary care, housing and exercise. The bill stalled in the General Assembly after some lawmakers said it was too divisive. Among the opponents was the N.C. Pork Council, which represents the multibillion-dollar pork industry and feared influence from the Humane Society.

As other states regulate breeders, some irresponsible breeders have moved to North Carolina to avoid the new rules, Alboum said.

"We've become a state of choice for people who don't want to follow the rules," she said.

Alboum said she differentiates between commercial breeders and puppy mills. Some breeders keep their dogs in healthy condition and require buyers to fill out applications before adopting. Others, such as Mason Creek Kennels, sell puppies online.

"No questions asked," Alboum said.

Complaints in the past

On Friday, veterinarians were examining the dogs at an emergency shelter set up in an exhibit hall at the Caldwell County Fairgrounds.

Rescuers said they saw the results of long-term neglect: severe ear infections, nails grown into the pads of their feet, matted fur so bad it's torn the skin, uterine infections from being overbred and female dogs with infected mammary glands.

Those examinations - and the extent of the dogs' injuries and illnesses - will help determine the severity of the criminal charges Allen will face, Greene said.

Last week, Allen surrendered 37 dogs to animal control. Most of them were older females that were no longer able to produce puppies. All had to be euthanized, Greene said.

He said Allen had hired help to care for the dogs because the 53-year-old is disabled and wasn't able to go to the area where the dogs were housed.

"That doesn't excuse them being in the shape they're in," Greene said.

The Better Business Bureau gave the kennels an F rating for failing to respond to complaints. The kennel had four complaints filed against it over the past three years. One of the complaints involved a guarantee or warranty issue and three concerned problems with the "products" purchased. Two complaints were unanswered, and one is unresolved.

The Mason Creek Kennels website advertises a two-year health warranty on its puppies, which include Yorkshire terriers, Pomeranians, Boston terriers and French bulldogs.

Dogs coming to Charlotte

Beginning this weekend, the rescued dogs will be distributed among five shelters across North Carolina and Virginia, including the Humane Society of Charlotte. Those shelters will handle the adoptions next week, once the animals' health improves.

A few of the dogs will be kept at the Caldwell shelter, but they won't be available for adoption because of the ongoing case and the dogs' need for medical care, officials said.

The Caldwell animal shelter will be closed this weekend, so employees can help veterinarians care for the dogs. The shelter will reopen at 10 a.m. Monday.

The Humane Society of Charlotte is expecting to receive about 40 dogs today. Then the dogs will be evaluated and placed in foster care until they're healthy and ready for adoption.

Alboum said she's hopeful none of the rescued dogs will have to be euthanized, but many will require lengthy rehabilitation.

"When you have dogs that have never walked on carpet or played on grass, those are dogs that need more emotional support," she said.

Greene said the public's response to news of the dogs and willingness to help was overwhelming, but there are countless animals in local shelters that need a home, he said.

"We're asking that people remember those animals, too."

Staff writers Steve Lyttle and Gary L. Wright contributed.


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