Littleton Community Development employees alleged that Bob Attleson's dogs were being neglected in order to obtain the court order that authorized seizure of his eight dogs. The three females taken by the City are finished (or nearly finished) AKC Champions, and all of Attleson's dogs are either active in the AKC show ring or are destined for that venue when they grow up. A dog owner simply cannot achieve AKC championships by employing anything less than superb nutrition, exercise, grooming, and training practices.
Before this action by the City of Littleton, there had never been a single complaint about the way the animals were cared for, no allegations of abuse or mistreatment, not even a complaint from a neighbor about barking dogs. After the raid, some of Bob's neighbors told reporters that they didn't even know there were dogs on the properties.
There was, however, an ongoing dispute between the City and Attleson regarding the number of dogs on his properties and compliance with zoning ordinances. Attleson had been to court at least three times previously to defend his rescue activities. Rescued setters were occasionally brought to his property for short periods until foster or medical care was arranged. The City alleged that its zoning code limited the total number of dogs on Attleson's property to three dogs over the age of 6 months, even if he did not own the dogs. Attleson tried to defend his right to have short-term rescue dog "visitors" on his property for the purpose of grooming, evaluation, and first aide. In this past, Littleton just wanted to count dogs and issue citations.
After seizure of Bob's dogs, Attleson's attorney Susan M. Martin quickly filed an Emergency Motion For Hearing On Illegal Seizure Of Property (click here to view the Motion). On February 22nd at the hearing, the Littleton courtroom was packed with Attleson's family, neighbors, friends, dog show participants, representatives of several dog rescue organizations, and other dog lovers. The City made no attempt to present any evidence of Attleson's alleged animal neglect, because City personnel knew the allegations were completely spurious. Instead, it was back to the question of zoning violations again.
Attleson's only concern was the safety and welfare of his beloved animals, and the City was clearly using Bob's dogs to pressure his agreement to certain stipulations before he could get his dogs back. To many of the observers in the courtroom, the City's actions seemed unnecessarily heavy handed, and some even said they smacked of blackmail. The judge signed a Court Order directing the Colorado Humane Society to release all the dogs to Attleson's attorneys. All eight dogs are now safe with Attleson, who has moved all the animals to a location outside of Littletony where there are no zoning limits on the number of dogs allowed on the property.
Attleson has already expended more than $150,000 to defend his rights to own dogs and participate in dog rescue activities. Bob has paid boarding fees, moved rescue dogs to comply with ordinances, made adjustments to his property demanded by the City, even purchased homes and paid relocation expenses. Friends and supporters have now established the Attleson Defense Fund to help with further action against the City of Littleton for harrassment, property damage, and the outrageous damage it has done to Bob Attleson's reputation and good name. There will be more court hearings and appeals.
At the Plum Creek Dog Show, Attleson's two superbly conditioned English Setters (who are brothers) took Best Brace in Show. These dogs were among those that Littleton ordered Attleson to relinquish to the City, as they were being neglected and improperly cared for. Attleson did not comply with that demand. After the Mayor received an energetic complaint about Littleton's actions in this matter, the City prepared a press release emphasizing that Bob Attleson had pled guilty to zoning violations and is under threat of jail time if he violates the terms of his agreement.
Since the hearing, the City has charged Melissa Mengel with zoning violations on her property, which had not previously been a part of the zoning dispute. Mengel states that City personnel would have to scale a 6-foot tall padlocked fence in order to view the conditions alleged in their zoning complaint.
This case raises serious questions about the City of Littleton's blatant violation of homeowners' constitutional protections from unreasonable search and seizure, in addition to basic privacy and property rights. The City's actions of trespass and property seizure far exceeded the legal remedies allowed by Littleton's zoning ordinances for noncompliance. These basic abuses of constitutional and statutory authority must not be allowed to go unchallenged.
Bob Attleson is a decent and caring person who, has raised, trained, conditioned and shown his beloved English Setters for many years. In addition to the dedication he shows to his own dogs, he has given unselfishly of himself for more than 30 years to save the lives of lost setters of any breed. Please donate today to help cover the expenses of defending Bob's (and your own) rights to own, raise, and rescue the dogs he loves so much.
Donate now via credit card or PayPal account!
To donate now, click the "Make A Donation" button below, and you will be directed to the PayPal site, where you can make a contribution securely.
If you prefer to write a check, make it payable to "Attleson Defense Fund" and mail it to:
Attleson Defense Fund, c/o Steven A Wheeler
7834 West Friend Drive
Littleton, CO 80128
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