United Poultry Concerns, Inc.
PO Box 150
Machipongo, VA 23405-0150
757-678-7875
FAX: 757-678-5070
www.upc-online.org

From: Anita Martin
Sent: Monday, January 20, 2014 8:33 PM
To: Karen Davis
Subject: chickens and shelter

Hello,

My name is Anita Martin and I live in Brookneal Virginia. I drive by a farm in Rustburg on a daily basis that currently has four roosters in individual wire cages on the ground with no cover whatsoever. These poor birds have been without any shelter at all for at least the year that I have been driving past them. In the summer the cages are not even placed in the shade of a tree.

I have called my local animal control, Campbell County, at 434-821-4416 three times and nothing has been done. These people used to have just 2 chickens in the cages, but now they have 4 and we are expecting a big snowstorm. These poor birds had to stay out in the last ice and rain with nothing over them at all, and sitting on the ground with no roost to get out of the freezing water.

I have been looking up various groups online to see who might be able to help and ran across your website. In the back of this home, right near the road in plain sight are quite a few more cages of roosters. The cages in the back do have roofs, but no sides and they are sitting on the ground without any type of perch to get up off their own manure and out of the water.

Is there anything I can do? I am not willing to go to this home and knock on the door as I am afraid to do that. A friend of mine stopped one time and offered to buy a horse they had that was wearing a halter half on and half off that was too tight and cutting off it's circulation but the guy that owned it was very unkind and wouldn't listen to her at all and refused to sell the horse or even help it out of its halter.

You can call me at 434-221-2382 or email me back with any steps you think I could take to help these poor chickens, although the snow is supposed to start in the morning, so it may be too late. The "farm" is located at 3077 Rocky Road, Rustburg, Virginia. The picture of the chickens was the best I could get without going onto their property and my zoom isn't really very good.

Thanks so much,
Anita Martin

From: Karen Davis
Sent: Tuesday, January 21, 2014 1:50 PM
To: Anita Martin
Subject: RE: chickens and shelter

Hi Anita,

I called animal control today and spoke with Benny David, who said he would go out to the farm today then get back to me about the roosters. I forwarded him your email with the photos so he would see what you were describing and so he would know that I had seen the photos. I will let you know what happens. If I don’t hear back from him by late afternoon, I’ll call him again.

Thank you for speaking up on behalf of these poor roosters.
Karen Davis,
United Poultry Concerns.
757-678-7875.
www.upc-online.org

From: Karen Davis
To: Anita Martin
Sent: Tue, Jan 21, 2014 4:38 pm
Subject: FW: chickens and shelter

Anita,

Benny David from animal control visited the farm and talked with the daughter. He said he was going back out there to talk to the man, who wasn’t there when he stopped by, because he was concerned about what saw (as shown in your photos). He said VA law doesn’t require perches or even cover or bedding for “livestock” (I’ll look into it to be sure) but that he would talk to the guy about the need to provide these things to the birds, even if not legally mandated. He seemed genuinely concerned for the birds even if limited by the law’s meager “humane” requirements.

Karen

From: Anita Martin
Sent: Tuesday, January 21, 2014 5:16 PM
To: Karen Davis
Subject: Re: chickens and shelter

Hi Karen,

Thank you so much for your effort. I just got home and had to drive by that farm and even in all the snow falling, there were still 4 chickens in the cages with no cover. I have been trying to find laws that particularly pertain to chickens, and although I am sure there is probably a lot more out there, I wasn't sure where to look, but I did find the file that I am forwarding to you. If there is anything I can do on this end, please let me know.

Thanks again for your time and concern.
Anita Martin

From: Karen Davis
To: Anita Martin
Sent: Wed, Jan 22, 2014 7:26 am
Subject: RE: chickens and shelter

Anita, I thought about the birds all night. Can you try to drive by the farm today and take pictures? If only the owner would have taken them inside for the night at least. Karen

From: Anita Martin
Sent: Wednesday, January 22, 2014 8:55 AM
To: Karen Davis
Subject: Re: chickens and shelter

Hi Karen,

We had a lot of snow here last night and the roads are slick so my appts. got cancelled. (I am a farrier) so I won't be going by the farm until possibly later today, but my partner went out this morning and drove past them at about 8am. He said that there was a blue tarp over three of the cages and he could not tell if the fourth cage had a bird in it or not...yesterday afternoon it did have a bird in it. He said there was a blue tarp over top of the cages but it was not a long tarp, just a small one that didn't really hang down. Not much for shelter from the wind and blowing snow that we had last night.

There are a lot of roosters on the other side of the property, right next to the road and clearly visible in individual cages, but they at least do have roofs, but no sides or protection from wind and blowing snow and rain. A friend of mine that has lived in this area much longer than me told me that this person has had animals seized before but I do not know the details. I know he had a horse with a halter half on and half off for months, that was too small and cutting into the horses head. My friend stopped and nicely offered to buy the horse or at least help with the halter, but he was very unfriendly and wouldn't listen to her at all. He also has cows that go unfed for days at a time, although recently that has been better. I suspect that people complained about the cows.

Since the chickens are smaller and in cages, it's harder to tell if they are being fed or watered, or even if they are emaciated.

My hope is that since he knows people are complaining that he might decide to just get rid of all of his animals...although that certainly hasn't been the case in the past.

I do thank you again for your concern and with getting animal control to attend to the situation as best as they could. I will watch and see what happens over the next few days and keep you updated.

Thanks again,
Anita

From: Karen Davis
Sent: Wed 1/22/2014 3:17 PM
To: David Jr, Joseph B.
Subject: FW: chickens and shelter

Dear Mr. David,

Here is the email I received today from Anita Martin about the roosters. It is very disturbing. I hope that you & your office might prevail upon the owner of these birds to care for them properly, or to confiscate the birds from him. Clearly he is not caring for them as pets and it appears they are being kept for cockfighting purposes – to be used, sold or given away for such purposes. No one deserves to be treated the way these birds are being treated. Among other cruelties in this case is the fact that the birds are deprived of companionship. Chickens are social animals who need to be with other chickens. They also need exercise and protection from howling winds, rain, snow, and freezing temperatures as well as a daily provision of fresh, clean, nutritious food, fresh clean water at all times, comfortable bedding of straw or woodchips, and daily CLEANING.

Filth leads to disease in chickens the same as in other animals.

Can you or someone from your office please check the roosters to see if the keel bone on the breast is prominent, in which case the bird is starving either from inadequate or moldy feed (moldy feed is toxic to chickens)), or from untreated worms, lice or mites, an internal infection, or all of these together. Please pick up the birds and check their noses for the smell of mucus, and listen to their breathing. Chickens are no different from dogs and cats in terms of their need for humane care and treatment by their owners. Thank you again, very much, for your attention to this matter. Please see what more you can do to help these birds. They would be better off euthanized than subjected to such heartless cruelty by this irresponsible owner.

Most gratefully,
Karen Davis, United Poultry Concerns

757-678-7875
Chicken Care: http://www.upc-online.org/chickens/

From: David Jr, Joseph B. [mailto:JBDavid@co.campbell.va.us]
Sent: Thursday, January 23, 2014 12:07 PM
To: Karen Davis
Cc: Fairchild, Tracy M.
Subject: RE: chickens and shelter

For your future information , complaints should go through our dispatch office at 434-332-9574, this way a record is kept of the calls. I cannot seize these animals if no laws are being broken. I have talked with the state vet and have also forwarded your email to the state vets office. The owner agreed to put covers over the cages and to put straw on the ground.

Benny David

From: Karen Davis
Sent: Thursday, January 23, 2014 1:55 PM
To: 'David Jr, Joseph B.'
Subject: RE: chickens and shelter

Dear Mr. David,

Thank you for everything you have done to help these birds. I understand the handicaps you are operating under but hope that you will continue to do all that you can to ensure that chickens and other birds in Campbell County are properly cared for and that their owners are educated to understand the ethical obligations they have toward animals who are totally dependent upon their care.

Sincerely,
Karen Davis
United Poultry Concerns
757-678-7875

From: Karen Davis
To: Anita Martin
Sent: Thu, Jan 23, 2014 2:52 pm
Subject: FW: chickens and shelter

Anita, please see animal control Benny David’s email below. Karen

From: Anita Martin
Sent: Thursday, January 23, 2014 9:46 PM
To: Karen Davis
Subject: Re: chickens and shelter

Hi Karen,

Thanks for the proper phone number to call. It's different than the one I have. I did drive by the farm today on my way to school. It is disheartening. Yes, there are tarps sitting over three of the cages, the fourth does contain a bird and two pieces of tin are lying on the top. The birds are unprotected from the wind, snow, rain, and biting cold. The tarps do not offer any real shelter at all. I could not see any type of bedding other than snow in their cages. Again, it is a bit hard to tell from the road but I know when I open a bag of shavings or straw I end up with it everywhere and I couldn't see any around the birds in the cages. This afternoon the birds were huddled to one side of the cages, and I could not tell if they were dead or alive.

Thanks again for all your efforts. Hopefully soon this owner will decide he just doesn't want animals anymore. :)

Anita

From: Karen Davis
Sent: Friday, January 24, 2014 6:51 AM
To: jbdavid@co.campbell.va.us
Cc: Anita Martin
Subject: FW: chickens and shelter

Dear Mr. David,

Please re-visit the farm and see whether the birds are dead or alive in the unprotected cages. You said on the phone earlier this week that if a bird or birds were to be found dead as a result of the weather or other factor(s) due to the owner’s neglect of his animals that animal cruelty charges could be filed under the VA law. I urge you please to check on the birds who are out in this terrible weather to see if one or more of them is dying or dead.

Please, I beg you to do this. Anita Martin’s latest description of the situation, as far as she can tell, is below. There is little doubt that by now the birds are suffering from hypothermia, and at least one may already be dead or close to death. In this cruel situation, death is the most humane outcome for these poor souls. KINDLY CHECK ON THE BIRDS TO SEE IF ANY OF THEM ARE DYING OR ALREADY DEAD. If so, then your office could file animal cruelty charges against the owner.

I look forward to your response. Thank you again for your help. I will call the number you provided below to report this matter.

Karen Davis
United Poultry Concerns
757-678-7875

From: Karen Davis
Sent: Friday, January 24, 2014 11:17 AM
To: dan.kovich@vdacs.virginia.gov
Cc: Anita Martin
Subject: Roosters at 3077 Rocky Road, Rustburg, VA

Roosters observed by Anita Martin on Thursday, Jan. 23, 2014 huddled to one side of the cages, no bedding, no adequate cover.

Karen Davis,
United Poultry Concerns.
757-678-7875

From: Karen Davis
Sent: Friday, January 24, 2014 11:18 AM
To: dan.kovich@vdacs.virginia.gov
Cc: Anita Martin
Subject: Roosters at 3077 Rocky Road, Rustburg, VA

Virginia Law re Agricultural Animals
2011 SESSION: SB 1026 Agricultural animals; care by owner, penalty.
VA Section 3.2-6503.1

Summary of the law by attorney Heidi Meinzer of The Humane Society of the United States. Virginia’s New Agricultural Animal Bill in Action ...

From: Karen Davis
Sent: Friday, January 24, 2014 11:23 AM
To: dan.kovich@vdacs.virginia.gov
Cc: Anita Martin
Subject: Roosters located at 3077 Rocky Road, Rustburg, VA

Attn: Daniel A Kovich, DVM, MPH
Staff Veterinarian for Animal Care and Health Policy
VA Dept of Agriculture and Consumer Services

Dear Dr. Kovich:

Following is my correspondence with Anita Martin regarding her direct observations of four roosters being individually kept in open air cages at 3077 Rocky Road, Rustburg VA. I will send you the subsequent email correspondence as well. I have spoken with animal control supervisor in Campbell County, Benny David, about this inhumane situation: 434-821-4416. Mr. David told me on the phone that he has visited the farm but feels/is legally constrained by the fact that VA section 3.2-6503.1 does not address the need for agricultural animals to have adequate shelter protection from the elements.

The birds in question have been observed by Anita Martin for weeks without shelter or bedding. They need to be examined for possible hypothermia and other possible pathologies linked to their having been virtually immobilized without bedding, perches, or cover in freezing, windy weather conditions including snow and rain. The current law does require veterinary treatment as needed, but the only way for these birds to receive veterinary treatment as needed, or to be medically examined as to their need, is for a person of authority to get them to a veterinarian since the owner in this case will not.

Thank you for your attention. I would appreciate a response from you at your earliest convenience.

Sincerely,
Karen Davis, PhD, President
United Poultry Concerns
Machipongo, VA 23405
Office: 757-678-7875
Email: karen@upc-online.org

From: Karen Davis
Sent: Friday, January 24, 2014 11:27 AM
To: jbdavid@co.campbell.va.us
Subject: FW: chickens and shelter

Mr. David: Condition of the roosters as of yesterday, Thursday January 23, 2014, described by Anita Martin.
Karen Davis,
United Poultry Concerns
757-678-7875

From: Kovich, Dan (VDACS)
Sent: Monday, January 27, 2014 10:02 AM
To: Karen Davis
Subject: RE: Roosters located at 3077 Rocky Road, Rustburg, VA

Dear Ms. Davis,

Thank you for bringing your concerns to my attention. Dr. Carolynn Bissett, my Staff Veterinarian for Animal Care, has been in contact with Officer David. The situation remains under investigation.

Sincerely,

Daniel A. Kovich, DVM, MPH
Program Manager
Office of Animal Care and Health Policy
Division of Animal and Food Industry Services
Virginia Department of Agriculture and Consumer Services
www.vdacs.virginia.gov
dan.kovich@vdacs.virginia.gov
804-786-2483

From: Karen Davis [mailto:karen@upc-online.org]
Sent: Monday, January 27, 2014 10:59 AM
To: Kovich, Dan (VDACS)
Cc: Anita Martin
Subject: RE: Roosters located at 3077 Rocky Road, Rustburg, VA

Dear Dr. Kovich,

Thank you for responding to Anita Martin’s and my complaint about the roosters maintained in wire cages without shelter, bedding or perches, who might possibly be ill, dying or dead, at 3077 Rocky Road in Rustburg, VA as a result of owner irresponsibility, lack of veterinary care and treatment, and prolonged exposure to freezing weather and winds as well as immune system problems that can result from chronic stress and other factors that weaken resistance in captive animals.

Please ask Dr. Bissett to send me her report on her investigation. I look forward to receiving the report and urge that the roosters receive the care and treatment they need and deserve, despite the current inadequacies of the law to require proper welfare for chickens.

Thank you for your help.

Sincerely,
Karen Davis, PhD, President
United Poultry Concerns
PO Box 150
Machipongo, VA 23405
Office: 757-678-7875

From: Anita Martin
Sent: Thursday, February 13, 2014 7:02 AM
To: Karen Davis
Subject: Re: chickens and shelter

Hi Karen,

I won't be able to get out for the next few days due to the snow but when I drove by the farm on Tuesday afternoon it was all the same. One of the cages has a small piece of tin lying on the top that blows off about every other day. If they replaced it before it snowed it should stay, but again, there is no real shelter being offered to the birds, unless something more substantial has been put into place since Tuesday. I regret that I cannot get out to check on them today. They are about 30 miles from me...through the snow.

Thanks again for your help and suggestions.

Anita