134th District
(717) 787-1000
(610) 965-9933
Contact: Douglas Reichley
Cell (610) 570-2861
Member Site: RepReichley.com
Caucus Site: PAHouseGOP.com
June 23, 2009
Lehigh Legislators Call Upon State Agencies
To Do More To Shut Down Abusive Dog Kennels
by Reps. Doug Reichley (R-134), Karen Beyer (R-131) and Gary Day (R-187) and
Sen. Rob Wonderling (R-24)
We join today to applaud the actions finally taken by the Department of Agriculture today to effectively shut down the Almost Heaven dog kennel once and for all. However, the relative inaction by as many as four other state or local agencies has prompted concerns from our constituents.
We commend the Department of Agriculture, the Humane Society of the United States (HSUS), and the Pennsylvania State Police for removing all but 25 dogs from the premises. This 25-dog limitation is the maximum number permitted under our Dog Law without a kennel license. However, last October, numerous dogs and other animals were found in deplorable conditions. As many as five state and local agencies have had interactions with the Almost Heaven kennel site or its owner and operator, Derbe Eckhart.
Following the raid in October, the Pennsylvania Department of Agriculture suspended the 2008 dog kennel license for Eckhart. Eckhart appealed the suspension and was able to remain open and doing business, albeit limited under the suspension, with as many as 250 dogs still on the premises.
It is incredible to us that more than six months after the largest dog kennel raid in Pennsylvania, the various agencies with jurisdiction did not do more to permanently close this facility.
Based in part on the October raid, the Department of Agriculture denied Eckhart's 2009 dog kennel license application. Again, Eckhart appealed the denial of the license to the secretary of agriculture. However, Secretary Dennis Wolff affirmed the denial of the 2009 kennel license application. Eckhart had 30 days to appeal the secretary's decision, and this period has expired. We refrained from making any public comment until the appeal period had run out, which is signified by this raid today.
Eckhart is also facing six criminal misdemeanor counts of cruelty to animals and 100 summary offenses. Eckhart is scheduled to appear for a pre-trial motion hearing before the Lehigh County Court of Common Pleas on July 21, 2009. Eckhart has also been charged with a new offense of importing dogs to his kennel while his kennel operating license was denied. The Dog Law prohibits a kennel under suspension from breeding, boarding or obtaining new dogs.
However, the Department of Agriculture is not the only state agency with jurisdiction over the Almost Heaven kennel. Over the past nine years, the Pennsylvania Department of Revenue has filed liens against Eckhart for his failure to pay approximately $90,000 in back state sales taxes. The department filed judgments against Eckhart, but has failed to take any action to recover the delinquent taxes on the grounds that Eckhart cannot pay the back taxes if his business is shut down. However, the department was not willing to disclose any payment history of the taxes which were owed.
The Office of Attorney General has also been notified of the possibility that Eckhart violated the Dog Purchaser Protection Act, known as the Puppy Lemon Law, by misrepresenting dogs' pedigrees and medical histories to purchasers. However, the attorney general has not received any evidence from a complainant about the conditions of the dogs purchased at Almost Heaven.
Under the Pennsylvania Dog Law. the Department of Agriculture oversees dog facilities. The department does not have any jurisdiction over the treatment of other animals. As a result, two weeks ago, we contacted the Pennsylvania Game Commission to see if it has jurisdiction over any animals also housed at Almost Heaven. The PGC has not informed us of any action taken as a result.
In the future, oversight agencies must take quicker action to close down problem kennels. We call upon anyone with information about the terrible conditions to which the animals were subjected to contact the Office of Attorney General or Upper Milford Township officials. We will not rest until all the animals at the Almost Heaven kennel are living in safer and more humane conditions.
Anyone with questions or information is encouraged to contact one of our offices. Our contact information is available at RepReichley.com, RepBeyer.com, RepGaryDay.com, or senatorwonderling.com.