I wasn't able to attend the final hearing on the 11th here in NYC
regarding the case NYC DOH vs. J. Ramos.
 
I will summarize from a conversation I had with Gary K. an the lawyer
immediately afterwards.  In short, the judge refused to grant the City's
injunction against the owner, however, he did add the condition that the
ferret had to be removed from the City.  We couldn't afford the legal
fees associated with getting a Stay on such short notice, but the
defendant has agreed to let us take things to the next stage.... the
Appellate Courts.  We promptly (that day) sent out press statements to
all the media in the area.
 
Now a brief word about the letters the judge received.  Between the
letters generated here, GEnie, and any others I am not personally aware of
(and we estimate in the many hundreds based on e-mail and snail-mail
copies I have received), the judge's position was substantially swayed.
 
It is true we did not get exactly what we wanted, but justice is
incremental.  originally the judge had wanted to get rid of the case and
was willing to rule in favor of the City as a matter of due course.
Thanks to the letters, which he made mention of, he did not rule for the
City.  This is important because it means it cannot be used as a precedent
by the DoH in the future.  So what changed between the first hearing and
the final word?  One thing.  Public opinion.  So on behalf of everyone
here in NYC thank you.  Next stop, the Appellate division (and, I
understand perhaps a year before a decision is made).  In the meantime
requests were submitted to the Mayor to sign an Executice Order to remove
the ban.  Frankly, limited time and other obligations made this more a
formality than a whole-hearted effort.  When we've regrouped we'll try
this again!  Thanks everyone, you're great.
 
Oh, Boo-boo has been removed from the defendant's home.  The DoH wanted
an ASPCA enforcement officer to witness this while they did it, but we
moved the ferret out of the city in order to ensure its well-being.
Let's face it, the DoH is not above retribution based upon city
documented history.
 
-Jeb
 
[Posted in FML issue 0421]