THE SET UP:
THE MCLEAN COUNTY ANIMAL CONTROL had an 80-pound male Rottweiler who was picked up from rural Ellsworth on Monday.
They had received a call from the Schmitts seeking an 80-pound male Rottweiler missing from rural Ellsworth who disappeared on Sunday. . . how would that NOT qualify as being probably the same dog?
Bloomington attorney Jack Morel is trying to help Ralph and Mary Kay Schmitt find Ben.
How does finding a beloved pet go from searching, putting out flyers, and calling McLean County Animal Control, to having to reach out to local Bloomington attorney Jack Morel to help you? That’s a good question.
What started out as a search for Ben, has now turned into Ralph and Mary Kay Killian-Schmitt vs. McLean County, Illinois, a government entity; a COMPLAINT filed at the Circuit Clerk’s office on June 18.
Here’s what happened, according to facts on file in the Complaint.
Ben (on left) with Bear
Ralph and Mary Kay Schmitt live in rural Ellsworth. They own and operate a dog breeding business. They breed, raise and train the Rottweiler breed. They had two male Rottweilers; Ben and Bear.
BEN GOES MISSING
8/30/09 Ben, an American Kennel Club registered Rottweiler escaped from his kennel at approximately 6:45 a.m.
THE CALL TO ANIMAL CONTROL
The Schmitts called McLean County Animal Control to report that Ben had escaped his kennel and could not be found. The Schmitts described Ben in detail. Rottweiler is an easily recognizable breed of dog.
When Mr. Schmitt first called at 9:00 a.m., he asked if Animal Control had picked up such a dog. He was told they had not. He was also told that Animal Control does not pick up dogs in rural areas. Mr. Schmitt left detailed information and description of Ben.
THE NEXT DAYS
8/31/09 The Schmitts continued to search for Ben throughout their rural area; house to house, farm to farm.
9/1/09 Fliers about Ben the “Lost Dog” were distributed throughout the general area and a notice was placed in The Pantagraph seeking the lost eleven (11) months old, eighty (80) pound Rottweiler named Ben.
9/2/09 Another notice was placed in The Pantagraph
THE NEIGHBORS
9/4/09 The Schmitts were told by neighbors that another neighbor held a Rottweiler on his farm in rural Ellsworth and had contacted Animal Control to come pick up the dog. (This was after Animal Control had indicated they did not pick up dogs in rural locations.)
The Schmitts contacted Animal Control advising them they had learned from their neighbors that they had picked up a Rottweiler that same day Ben had gone missing, and the dog had Ben’s identifying features.
They were told an Animal Control Officer would call them back.
9/4/09 Animal Control called back and told Mrs. Schmitt they had picked up a Rottweiler on Monday, 8/31 in rural Ellsworth. (Again, this is after they had been told that Animal Control does not pick up animals in rural areas.)
The Schmitts were told that the dog, taken into possession by Animal Control on 8/31 had been “taken into custody, or sold.”
During that 9/4 return call to the Schmitts, they asked Animal Control if they had Ben. They were told they did not. They were told that the dog they had picked up did not have any specific identifying features and was either “put down” or adopted.
EDITOR’S NOTE: There are 4 more pages of information in the Complaint.
THE BOTTOM LINE
Animal Control Supervisor Kathy Coverston-Anderson advised Mr. Schmitt she would meet with staff and would call him back after their meeting on 9/8.
No call from Animal Control.
Multiple trips in person were made to try to see Kathy Coverston-Anderson.
9/9 An email was sent to Walt Howe, Director of McLean County Health Department informing him of the facts. Mr. Howe advised Mr. Schmitt that the situation would be reviewed.
Mr. Howe (according to the Complaint), refused to advise the Schmitts whether Ben was adopted or “put down”, but said he’d help them find a replacement dog.
There were two occasions over the past year where stray dogs were on the Schmitt property. On each occasion Mr. Schmitt called Animal Control to request that they pick up the animal. Animal Control told him that they do not pick up animals in the country. They indicated to Mr. Schmitt that if he wished, he could come to Animal Control and they would give him a cage to put the stray dog in. He was to then bring the stray dog to Animal Control. This is the same thing he was told when the second stray dog was on their property. He followed the same procedure they advised him to follow.
SUMMARY:
1. My dog is missing
2. My neighbor says you have my dog?
3. Animal Control: “We don’t pick up rural dogs, we don’t pick up rural dogs, we don’t pick up rural dogs . . . Oh, wait. . . we picked up a rural dog, ya, it was a Rottweiler, but can’t tell you anything about the status of that dog.”
5. “We can’t tell you whether we killed the dog or adopted it out.”
6. “We can help you find another dog.”
7. “Have a nice day.”
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