Yolo County Animal Shelters Served with Cease-and-Desist Demands Alleging Violations of State Law

By Vanguard Staff

YOLO COUNTY, Calif. — Public animal shelters in Yolo County were served Feb. 14 with cease-and-desist legal demands alleging ongoing violations of California animal-protection statutes and requiring immediate corrective action, preservation of records and a written compliance response within 10 calendar days.

The demands were issued on behalf of Fix Our Shelters, a Sacramento-based 501(c)(3), and a statewide coalition of rescue and advocacy partners. The letter states, “Our nonprofit, Fix Our Shelters (FOS), and statewide coalition of rescue and advocacy partners (collectively, ‘FOS’) exist to prevent animal abuse and suffering and to ensure lawful, humane sheltering across California.”

Dated Feb. 14, 2026, the notice describes itself as “a formal notice and demand, supported by our legal team,” that shelters “immediately cease and desist from ongoing practices that violate California’s animal protection laws commonly referred to as ‘Hayden’s Law,’ as well as other applicable statutes, contract obligations, and public duties.”

The letter cites multiple provisions of the California Civil Code, Food and Agricultural Code and Penal Code.

It quotes Civil Code section 1834 as stating: “A depositary of living animals shall provide the animals with necessary and prompt veterinary care, nutrition, and shelter, and treat them kindly. Any depositary that fails to perform these duties may be liable for civil damages as provided by law.”

It also references Civil Code section 1846, which provides in part, “A gratuitous depositary of a living animal shall provide the animal with necessary and prompt veterinary care, adequate nutrition and water, and shelter, and shall treat it humanely,” and requires that a depositary without sufficient resources “shall promptly turn the animal over to an appropriate care facility.”

The demand further cites Civil Code section 1816(a), which states: “A public agency or shelter with whom an abandoned animal is deposited in the manner described in Section 1815 is bound to take charge of it, as provided in Section 597.1 of the Penal Code.” Penal Code section 597.1 requires animal control officers and other authorized officials to take possession of stray and abandoned animals.

The coalition asserts that the Hayden Act requires shelters to release impounded animals to nonprofit rescue or adoption organizations before euthanasia if requested within the statutory period. The letter states that this duty is non-discretionary and that “shall” is mandatory under the statute .

The notice alleges that, based on “reports, documentation, and community complaints received by FOS (including public statements, shelter postings, and records requests),” shelters may be engaging in unlawful practices .

The alleged actions include abandonment of animals through “reduced/managed intake” practices, unlawful euthanasia of healthy, adoptable or treatable dogs and cats without exhausting lifesaving options, failure to provide required holding periods and due process, denial or obstruction of rescue access, and maintenance of inhumane or unsafe shelter conditions .

The letter also raises concerns about failure to provide prompt veterinary care and alleged unlawful release or transfer of unsterilized animals in violation of California’s mandatory spay and neuter laws .

Additionally, it alleges retaliation against volunteers, fosters and rescue partners who raise concerns about shelter practices, warning that public agencies “may not retaliate against volunteers, rescuers, fosters, or members of the public for engaging in constitutionally protected speech or petitioning activity about shelter conditions or legal compliance.”

The letter notes that such actions “may be actionable as First Amendment retaliation under 42 U.S.C. § 1983.”

In a section titled “Demand for Corrective Action,” the coalition calls for shelters to immediately cease intake restrictions that result in abandonment or unlawful denial of sheltering protections and to implement “a lawful, documented intake triage process that prioritizes humane outcomes and compliance.”

The letter demands a halt to euthanasia of healthy, adoptable and treatable animals except where legally permitted and fully documented, and calls for animals to be made available for adoption, foster and rescue transfer during applicable holding and release periods .

It also seeks strict compliance with statutory holding periods and maintenance of “complete, auditable records for intake date/time, hold calculations, owner-contact efforts, medical status, and final disposition,” as well as adoption and publication of a rescue access protocol with timely communication and nondiscriminatory release processes.

The coalition further demands timely veterinary evaluation and treatment, compliance with mandatory sterilization laws before adoption or transfer, and the implementation of internal controls and supervisory review for all euthanasia decisions and denials of rescue release .

In addition to corrective measures, the letter places shelters on notice of a litigation hold, demanding preservation of all potentially relevant evidence, including intake logs, euthanasia records, veterinary records, internal communications, volunteer and rescue partner files, capacity reports and surveillance footage .

The demand specifies preservation of all electronically stored information and references the definition of “Writing” under California Evidence Code section 250.

The letter requests a written response within 10 calendar days to Ryther Law Group, LLP, confirming whether allegations are disputed and setting forth any corrective actions taken or planned, along with identification of the person responsible for implementing compliance measures.

It states that Fix Our Shelters “reserves all rights and remedies, including referral to appropriate oversight entities and pursuit of injunctive relief and any other lawful relief.”

The notice is signed by Julie Virga, president of Fix Our Shelters, and by attorneys Jill L. Ryther and Sarah A. Thompson of Ryther Law Group, LLP, which is serving as counsel for the coalition.

In background materials accompanying the demand, the coalition notes that Valentine’s Day marks the four-year anniversary of the UC Davis Koret Shelter Medicine Program receiving $50 million in taxpayer funds intended to reduce shelter euthanasia.

The coalition alleges those funds were used primarily to advise shelters to implement reduced intake programs that turn animals away unvaccinated and unsterilized, contributing to overpopulation, abandonment and public safety concerns.

It contends that California now ranks first in the nation for shelter euthanasia and that animals turned away at shelter doors remain uncounted.

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