Article & Journal Resources

Posted by The Oregonian

In the 2000 election, Oregon voters passed Measure 3, designed to protect the property rights of the criminally accused. Under prior law, a person accused of a crime could have certain property forfeited before he was convicted. Measure 3 advocates argued that it was unfair to deprive a person of his property before being found guilty of the offense.

The loudest voices against Measure 3 came from animal shelters and humane societies. They feared they would be overwhelmed by the cost of caring for animals seized in abuse and neglect cases until the case was resolved. Since criminal cases typically take months or even years to resolve, the cost in terms of dollars and shelter space would be difficult to bear.

Voters approved Measure 3, and the predictions have come true. Animal shelters and humane societies across the state have been charged with caring for animals that wait and languish in shelters for months on end until the criminal proceedings are concluded.

Sadly, when an animal is seized in an abuse or neglect case and brought into a shelter that is already full, another animal might be euthanized to make space available. While the animal waits in the shelter for the legal process to run its course, that space is unavailable to other animals who need to be housed before being put up for adoption. The end result is that shelters are pressured to either not accept animals who need shelter, find other agencies to take the animals, or simply euthanize them.

The law increasingly recognizes that animals are not like other forms of property. They suffer, they have complex needs, and they deserve to live their lives in loving and responsible homes. Unlike a stolen car or piece of jewelry, they can't be locked in storage and forgotten until a case is resolved.

Measure 3 should be amended to provide an exemption for animals seized in abuse and neglect cases. If a veterinarian certifies to the police and courts that an animal has been the victim of intentional abuse and/or neglect, the law should provide a process for immediately forfeiting the animal to a shelter or humane society so that a loving home can be found.

Measure 3 was well-intended, but it contains a fatal flaw -- one that spells tragedy for animals in our community and throughout our state.

-- Scott Beckstead