I 14 1'1 1i: .51 IN THE SUPERIOR COURT OF THE STATE OF WASHINGTON IN AND FOR THE COUNTY OF WHATCOM REBECCA J. CROWLEY, Case Plaintiff. SUMMONS (20-DAY) VS. WASHINGTON STATE DEPARTMENT COPY OF FISH AND STATE OF Defendants. Raquel Montoya-Lewis TO: WASHINGTON STATE DEPARTMENT OF FISH AND WILDLIFE, Defendant; AND TO: STATE OF WASHINGTON, Defendant; Plaintiff has started a lawsuit against you in the above-entitled court. Plaintiff?s claims are stated in the written complaint, a copy Of which is served upon you with this summons. In order to defend against this lawsuit, you must respond to the complaint by Stating your defense in writing, and serve a copy upon the person signing this summons Within 20 days after the service of this summons, excluding the day of service, or a default judgment may be entered against you without notice. A default judgment is one Where plaintiff is entitled to What he/She asks for because you have not responded. If you serve a notice of appearance on the undersigned person, you are entitled to notice before a defaultjudgment may be entered. You must also ?le any response or notice Of appearance that you serve on any party to this lawsuit with the court Within 20 days after the service of summons, excluding the day of service. You may demand that the plaintiff ?le this lawsuit with the court. If you do so, the demand must be made in writing and must be served upon the person Signing this summons. Within l4 days after you serve the demand, the plaintiff must file this lawsuit With the court, or the service on you ofthis summons and complaint will be void. SUMMONS 1 Lm .1. I 0 ADAM P. KARP, ESQ. lln'u Magma-hi. 31L, bin. 400-104 0 Belliugham, 983 '1 4300?? ass-mile 61?. 383?. adam?t .ul Imal lawyer. c: 10 12 13 14 16 18 lfyou wish to seek the advice of an attorney in this matter, you should do so so that your written response, il?any, may be served on time. This summons is issued pursuant to rule 4 ofthe Superior Court Civil Rules ol?the State of Washington. Dated this June 15, 20] 8 ANIMAL LAW OFFICES Adam??'Karp, ws?laA No. 28622 Attorney/or Plaintiff I I4 West Magnolia Street, Suite 400-104 Bellingham, Washington 98225 (333) 430mm SUMMONS 2 ANIMM Ol I It I 01 ADAM P. KARP, ESQ. 11-! W. Magnolia St., Ste. 400-104 0 Bellingham, 98225 (888) 430300] 0 1":1c51mtle: (86(1) (152?3832 adam@ammal lawyemom 1f! 21 22 ?5 3:51 IN THE SUPERIOR COURT OF THE STATE OF WASHINGTON IN AND FOR THE COUNTY OF WHATCOM REBECCA J. CROWLEY, Case NoPlaintiff, COMPLAINT FOR DECLARATORY AND INJUNCTIVE RELIEF VS. WASHINGTON STATE DEPARTMENT CO Pg, OF FISH AND STATE OF Defendanta. Plaintiff REBECCA J. CROWLEY, through attorney of record ADAM P. KARP of Animal Law Of?ces ofAdam P. Karp, alleges: JURISDICTION, PARTIES, AND VENUE I. This court has subject-matterjurisdiction over this action. 2. Plaintiff REBECCA J. CROWLEY is a SIHEIC woman residing in Whatcom County. She is employed as an animal control officer for Whatcom Humane Society judicially authorized to enforce Ch. I652 RCW, and, on information and belief. pays: the taxea that fund operational coats of training and enforcement by Defendant DEPARTMENT OF FISH AND WILDLIFE an agency of Defendant STATE OF WASHINGTON. 3. Crowley brings this action in her individual capacity and not on behalf of WHS, or any municipality. COMPLAINT - \t 0; I IL [5 JI ADAM P. KARP, ESQ. 114 W. Magnolia St, Ste. 400- 104 0 '1 ?38225 (888) 430-?001 I l'aCSImtlc: 652 38.9. :Idam@an1mal-lawycr com information and belief, Defendants use taxes paid for by Crowley to enforce, police, implement, train, and educate the public, licensed trappers, and licensed wildlife control operators in the ethical and legal manner ofdispatching or disposing ofwildlife. 5. This court has personal jurisdiction over all named defendants. 6. Venue is proper. GENERAL ALLEGATIONS 7. 0n information and belief. for at least the last six months, and likely much longer, WDFW has advised citizens that it is legal to trap squirrels and drown them on their property. In reliance on this advice from such individuals as Wisner, citizens throughout Washington State and in Whatcom County (in particular, on information and belief, the Fairhaven neighborhood of Bellingham, Wash., where an individual claimed that WDFW told her she could drown non- native squirrels in her yard) have killed squirrels by this indisputably cruel method. 8. Such cruel drownings have caused uproar around the country, including recently in Ocala, Fla., where David Brewton a former agricultural teacher at Forest High School, with the aid of students, killed two raccoons and an opossum by drowning them in a tub of water; and in Preston, ld., where Preston Junior High School bio 0gy teacher Robert Crosland fed a puppy to a snapping turtle in his classroom. 9. Crowley resides in unincorporated Whatcom County. IO. Squirrels predominate on her premises, occasionally causing damage and eating feed intended for consumption by Crowley?s fowl. l. Crowley desires to humanely ward off squirrels from her property and has tried nonlethal methods. l2. Crowley is Field Services Supervisor for WHS and holds the rank of Sergeant. COMPLAINT 2 ANIMAL Oi?i?ltzus or ADAM P. KARP, ESQ. 1 l4 Magnolia Sn, Ste. 400?104 Bullingltam, \Vr?t 98225 (888) 430-0001 0 Facsimile: (866) 652?3832 m1 10 14 16 18 19 She has been employed by [3 since 2009. Since 20l0, she has held a City of Bellingham Commission to issue animal control citations. In 2017, she was judicially authorized by Whatcom County Superior Court Judge Deborra Garrett to enforce Ch. l6.52 RCW, including but not limited to RCW 16.52.2050), making it a felony to, except when authorized in law, intentionally in?ict substantial pain on, cause physical injury to, or (0) kill an animal by a means causing undue suffering or while manifesting an extreme indifference to life, or force a minor to inflict unnecessary pain, injury, or death on an animal; and RCW makingr it a felony to, except when authorized by law, with criminal negligence, starve, dehydrate, or suffocate an animal and as a result cause substantial and unjusti?able physical pain that extends for a period sufficient to cause considerable suffering, or death. l3. Crowley was graduated from the Washington Animal Control Association Academy in 20l2. She also completed animal cruelty training through the Skagit and King County Veterinary Medication Associations. the ASPCA, the Washington State Crime Prevention Association, and the Humane Society of the United States In 201 1, she acquired her euthanasia certification. 14. Crowley is also a vegetarian. She simply cannot abide the in?iction of undue harm or suffering to any being, human or nonhuman. IS. The American Veterinary Medical Association Guidelines for the Euthanasia of Animals (20l3 Edition) state at page 46, Section Sl.5 UNACCEPTABLE METHODS, and at page 102, Appendix 3, that drowning is not a means of euthanasia and is inhumane. 16. publicized How to Become a Wildlife Control Operator FAQ (What do I do with animals that have trapped while working as a COMPLAINT 3 ANIMM Law or ADAM P. KARP, ESQ. 114 W. Magnolia St, Ste. 400-104 0 Bellingham, WA 98 (888) 430?0001 Facsimile: (866) 652-3832 become states that wildlife control Operators must use humane and acceptable methods of euthanasia, excluding ?live burial, freezing a live animal, or drowning the animal (the exception is a legal killing set sometimes used by trappers).? l7. Living with Wildlife: Trapping Wildlife handout describing What to Do with the Trapped Animal states, ?While drowning and freezing have long been considered a humane way to deal with problem wildlife, animal experts no longer generally accept these techniques, and they are not considered humane by AVMA standards.? This document acknowledges that, ?Human responses to euthanasia of animals need to be considered, with grief at the loss of life as the most common reaction.? l8. WAC 220-440-050(2) [Killing wildlife for personal safety] and WAC 220-440- 060 [Killing wildlife causing private property damage] state that a property owner may kill wildlife causing private property or commercial crop damage or for personal safety ?subject to all other state and federal laws including, but not limited to, Titles 77 RCW and 232 l9. On June 7, 20l8, Crowley emailed John L. Wisner. an employee of WDFW responsible for hunter and trapper education. She asked, ?Can I trap and drown nuisance squirrels on my property?" Without asking whether she were a licensed trapper or licensed WCO, Wisner responded, ?Yes, but please stay out of sight of anyone this may offend.? See attached CROWLEY 1. 20. WDFW and Wisner's positions ?atly contradict Crowley?s understanding of RCW l6.52.205, RCW ?5.52.307: Whatcom County Code making it a misdemeanor to willfully or cruelly kill, injure, poison, torture or torment any animal by a means causing it fright or pain: Bellingham Municipal Code 716.080, making it illegal to catch COMPLAINT - 4 Wm Law (Di-riots 0i ADAM P. KARP, ESQ. I Magnolia St, Ste. 400-104 0 Bellingham, 98225 (888) 430-0001 . Facsimile: (36c) 652-3832 10 ll 12 13 or take captive any wild animal or bird, except to return it to its native habitat; and Bellingham Municipal Code 7. making it unlawful to intentionally or carelessly injure any animal or fowl within the city. 21. In ful?lling her mandate to enforce the animal cruelty laws within Whatcom County and other cities that contract with WHS, Crowley has a legitimate and compelling concern that WDFW actively undermines public policy, causes jury confusion, frustrates enforcement of State and local animal cruelty law, and, in fact, conspires with citizens to commit animal cruelty within Whatcom County and elsewhere. To eliminate any uncertainty as to whether enforcement actions under Ch. 16.52 RCW and county and city code, including but not limited to citation, prosecution, search, seizure, and con?scation attending to wildlife drownings, are otherwise allowed under Title 77 RCW (Fish and Wildlife) and Title 220 WAC, she brings this action. 22. She also brings this action to determine the lawfulness of personally taking potentially lethal action against squirrels and other wildlife on her premises in a manner that she believes would violate Ch. 16.52 RCW and Whatcom County Code. 23. Additionally, she brings this action due to her intense commitment to animal welfare and the deep emotional distress at discovering the actions and representations of WDFW in undercutting the very laws enacted to spare squirrels from such torturous ends. 24. Wisner, WDFW, and the State have, on information and belief, aided and abetted, and conspired to commit, felonious activities throughout the County and State, whether committed by private citixens or licensed trappers and licensed WCOs. 25. The speci?c government acts challenged as being illegal and criminal include, but are not limited to aiding and abetting of animal cruelty violations under State and COMPLAINT 5 ANIM LAW OFFICES OI ADAM P. KARP, ESQ. I 14 Magnolia St, Ste. 400?104 0 Bellingham, 9H 2 'i (888) 430-0001 0 Facsimile: (866) 652 local law, as alleged herein. CLAIMS FOR RELIEF Crowley seeks the following relief, stated in the alternative under CR 26. First Claim Declaratory Judgment (Ch. 7.24 RCW) deeming the drowning of any wildlife per se cruel, never ?authorized in law," not preempted by Title 77 RCW or Title 220 WAC, and a violation ofCh. l6.52 RCW and other municipal animal cruelty laws; 27. Second Claim Injunctive Relief (Ch. 7.40 RCW) enjoining the State and WDF and its employees and agents, including licensed trappers and wildlife control operators from ever soliciting, encouraging, aiding, abetting, or engaging in the drowning of any wildlife on residential property. PRAYER Crowley seeks judgment against Defendants as follows: For declaratory relief; For injunctive relief: For reasonable attorney?s fees as allowed by law or equity: For costs of suit: For such other and further relief as the Court may deem just and pr0per. Dated this June 15, 20 8 ANIMAL LAW OFFICES aver?- AMKarp, WSBA No. 2862.1 A ltomey for Plaintiff Crowley COMPLAINT 6 ANIMAL 01 IL.I 01 ADAM P. KARP, ESQ. 1 14 W. Magnolia St., Ste. 400?104 I Hellingham, WA 98225 (888) 430.0001 - Facsimile: (866) 652-3832 From: "Wisner, John Date: June 8, 20l8 at 8:44:37 AM PDT To: Rebecca Crowley {rebeccaiolynfuT-amaiLoom?- Subject: RE: Squirrels Yes, but please stay out of sight of anyone this may offend. --?--Original Message From: Rebecca Crowley