A FLY ON THE WALL - reporting about NO JUSTICE FOR BLONDIE!

NO JUSTICE FOR BLONDIE!


On Wednesday, November 26^th, in Manhattan’s Criminal Court, carriage driver Saverio Colarusso pleaded guilty to a reduced charge of disorderly conduct.  Originally charged with a violation of Section 353 of the Agriculture and Markets law – misdemeanor animal cruelty - it appeared that the DA’s office simply wanted to make the case go away.  Now Colarusso will not have a record. 

This was our contribution to TheDodo.com. 

Colarusso was charged with working his horse lame over four days in  December 2013.  If it were

not for Officer Brian Koll who spotted the horse limping, Colarusso would have gotten away with this.  We often see similar situations but calling the NYPD generally does not result in any action.  Although they have been charged with enforcing animal cruelty laws and carriage horse regulations since the ASPCA gave up humane law enforcement  in January 2013, they do virtually nothing when it comes to the horses.  The Coalition has reached out to Mayor deBlasio and Commissioner Bratton but so far has been ignored on this issue.   Still waiting.

District Attorney Cyrus Vance’s office is bad to non existent when it comes to prosecuting animal cruelty cases. In 2013, the NY Post reported that the DA’s office dropped animal abuse charges against Daniel Padilla, who was seen viciously beating his dog. 

By ignoring or diminishing charges of blatant cruelty, the justice system – in this case Vance’s office  - helps to perpetuate the cycle of violence, essentially giving tacit approval to animal abuse with a wink and a nod -- that if you hurt an animal, expect to either get the charges dropped or paint park benches.  Those who have been arrested for crimes against animals are much more likely to go on to commit violent crimes against humans.  The FBI is well aware of this. 

The Coalition to Ban Horse-Drawn Carriages has been to most all of the Colarusso court hearings, each taking only a minute or two at most and  dragging on over months  We were there on Wednesday to hear this disappointing verdict.  

Freddy the Fly contacted us with his point of view. 

A FLY ON THE WALL

Freddie the fly reports in about this case…

This was a scene at one Hogan Place at one of the weekly case meetings - 

Date: approximately summer 2014

Topic: the case of Saverio Colarusso, carriage driver charged with misdemeanor animal cruelty, working a horse lame in December 2013.

DISTRICT ATTORNEY (top guy): [loud booming voice] S why the hell is this damn case dragging on so long? it is almost a year since the defendant was charged. Make a damn deal and get them to take it for god's sake. It's clogging up our case load.

LOWLY ASST. DA: [nervous voice] Cyrus, I have tried - the lawyer won't accept a deal. They are stringing it out and playing hard ball. They continue to refuse - what can I tell you - I can't twist their arm.

DISTRICT ATTORNEY: [louder booming voice] S - god damn it - you either get them to take that deal by reducing the charge, or you will be transferred to the Bronx or Staten Island. Got it? It was only a damn horse. Get real, S. No one cares about the horse except those zombie wackos who come to court and stare at the judge. The way everyone is acting, you would think this poor slob hurt a person. 

Activist ties to hit Colarusso over the head with a skillet.(just kidding)(NYPost) 

Tell the public the horse is doing well now - that it was only a fluke. Lie. Get in front of the press, S, old boy. Handle them. And keep the defendant away from those crazy animal rights activists. They come to court every damn hearing. They follow the defendant when he leaves the court room. They hold up "animal abuser" signs. Give the defendant a safe place to stay - get the judge to help. We need to see how we can prevent them from coming. Maybe stop them at check in. Or screw up the room location or dates. Can't stand those crazies. Animals don't vote. Remember that. I didn't get into office because some damn horse or dog pulled the lever in the voting booth.

One Hogan Place - via phone - November 26, 2014

LOWLY ASST. DA: Cy, Cy - I did it, I did it. The lawyer accepted a deal. Can I stay now? Got anymore of those animal cases for me? I will immediately offer a plea bargain - no matter what. I hope you still like me.

FLY ON THE WALL: hmmm - seems to me the case was handled badly but no surprise. The DA's office should have stuck to its guns and went with the original charge and taken it to trial. They had a good solid witness - a NYC police officer. But that Vance guy is known for watering down animal cruelty charges. If they wanted to, they could have made a real case of this - charged the horse owner and stable manager; questioned the veracity of the Department of Heath vet who played down the horse's condition -- see if she had any conflicts of interest; played up the report from the original Florida vet who had to outfit Blondie with a special boot; given more credence to the defendant's past record. 

Even if they lost the case at trial, it would have sent a message that they take animal cruelty seriously. But now -- they just consider it "disorderly conduct."

Hey I better shut up before i get swatted. OK - off to my next job. Bzzzzzzzzzzzzzz

In the interest of truth, Freddie the Fly on the Wall is a made up figment of our imagination.  

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NO PLACE FOR A HORSE -- IN THE MIDDLE OF CLIMATE MARCH PARADE

Editor's Note:  this is revised as of 9/27/14 based on new information concerning the Department of Transportation.  See highlighted area below. 

No place for a horse … 

Teamsters and carriage drivers put horse in harm's way by using him in the Climate March ... and it was illegal.

The first ever People’s Climate March was held in NYC on Sunday September 21^st.    It was wall to wall people – estimates of  350,000 – some were as high as 400,000.  Lots of noise – bands, drummers, rolling crowd whoop – when that happened, it was so loud, I had to cover my ears.  I got there at 10:30 and it was not until 1:00 pm that we began to move – by baby steps.  It was exciting and exhilarating - a great time for people. 

But never for horses. 

At 3:25 into this video from the March organizers, a moment of silence is held followed by sounding the “climate alarm,” which translated into people shouting as loud as they could, banging drums, using noise makers.  This happened many times  during the march.   I call this a “rolling crowd whoop” because it started at the front of the march and made its way back.  During the march, there was a mix of chants, bands, drums, parade noise – sometimes so loud it would rattle your ear drums.    

It was no place to bring a horse. 

this is an example of the constant noise level of the march - video taken on 42nd St. 

It was no place to bring a horse.

The People’s Climate March organizers said there would be no horses in the march  -- for obvious reasons.

But that did not stop the carriage drivers.    There they were with a horse-drawn carriage in the middle of the crowded march.  The horse did not look relaxed.   The horse did not have a choice.  Talk about narcissistic, selfish and greedy.    And cruel.  Very, very cruel. 

 

Carriage horse pimped out by drivers; Although wearing blinders, his eyes look terrified

And Illegal! 

On Sundays, the horse-drawn carriages are allowed to work only in Central Park until 7pm, after which they can go into certain areas of the city.

Drivers must apply to the Department of Transportation for a variance if they would like to work their horse carriage outside of the existing regulations.  They did not. This was confirmed by the Manhattan Borough Commissioner.  She told me that no request was made and if it had been, they would have denied it because of the danger of a 2,000 pound horse in the march.   

§   19-175   Variance  for  special  events.  a.  Notwithstanding  the  provisions of section 20-381.1 of the code, the owner or operator  of  a  horse  drawn cab may apply for a variance from the provisions of section  20-381.1 for the limited purpose of carrying out a contract to provide a  horse  drawn “cab” for the “filming” of a “movie,” “television show” or “commercial; or for a wedding, parade, or other special event as shall be  defined  by  the commissioner by rule. The commissioner shall grant such  variance when he or she determines that the issuance  of  such  variance  would  not have an adverse effect on vehicular or pedestrian congestion,  commencement of theatrical productions or public safety.   

b. A variance application shall be in such form as prescribed  by  the  commissioner  and  shall  be submitted to the commissioner no fewer than  three business days prior to  the  date  of  the  event  for  which  the  variance is requested.

c.  The  commissioner  may  require  the  payment  of  an  application  processing fee in an amount to be established by rule.

d. The commissioner shall issue a document  specifying  the  variance.  Whenever  a  horse drawn cab is being operated in accordance with a duly  issued variance, such variance shall be carried by the  driver  of  such  horse  drawn  cab  and  shall be produced upon the demand of any police,  traffic, parks  or  other  enforcement  officer  authorized  to  enforce  section 20-381.1 of the code.

e.  Use  of  a variance by any person other than the person to whom it  was issued, or for any purpose other than the purpose for which  it  was  issued,  shall subject the person using such variance to a civil penalty  of not less than five hundred dollars.

 This is a very serious offense but I can guarantee that no one will be fined because of the fear of Teamster retaliation.   The carriage drivers put everyone at risk -- the horse, them and the many march participants.  Since our campaign began in 2006, we have documented many spooking accidents in which  people have been trampled by spooked and bolting horses and died from their injuries.  

 Horses are very sensitive creatures and their nature should be respected.  They have acute hearing and don’t like loud noises. The danger of putting a horse in this kind of noisy parade environment is that he could spook and bolt, hurting himself and others.  But even if he did not spook, it was cruel to subject him to such a stressful environment to make a point about jobs.

Many of these drivers do not deserve to be the custodians of such precious animals - animals they consider property - like a car or television.   The horses are clearly a means to an end – to bring in income -  and when they do not make the grade anymore, most are laundered through the Amish farmers on their way to auction and then slaughter.  The law does not require records for horses sold outside NYC as most are.   

Because they have no shame and are insensitive to being hypocrites,  the drivers carried signs that read “ Teamsters – climate justice” and “Teamsters – green jobs.”

These are the very same Teamsters that  support the Keystone XL Pipeline.  

The Keystone XL pipeline has been called the pipeline to environmental disaster.   Does anyone see the hypocrisy here?  Teamsters marching in an environmental issues parade.  This is how the march was unfortunately co-opted by special interest groups that have no interest in environmental justice but just want the photo op. 

This is from Common Dreams - 10 Reasons to Oppose the Keystone XL Pipeline.   

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CARRIAGE HORSE STABLES, NEGLECT AND ANIMAL CRUELTY

Note:  posted 7:30 pm 12/22/13 - Tony Salerno, manager of West Side Livery Stable,  told me that up until several months ago, the driver who was charged with animal cruelty worked for his stable but now works for Clinton Park Stable on W. 52nd St.  This is where Blondie is kept.  This is where Blondie most likely picked up thrush.  Shame on all the many drivers, owners and stable men for ignoring this horse.  
 

STABLES, NEGLECT AND ANIMAL CRUELTY

West Side Livery Stable  - small stall; nasty bedding 

The desperation and lies from the NYC carriage trade and their extremist supporters is growing out of control  – they are making up lies as they go along.   

One of the most intriguing subjects concerns the horse stables and their claim that since we have not seen them, we do not know what we are talking about and are not competent to make complaints about them.  They suggest that if Mayor-Elect deBlasio sees the stables,  he will change his mind about his intention to shut down the trade.   They are wrong and definitely delusional.

Stables totally inadequate:  It is not necessary to see the interior of the stables in the flesh to  know that they are totally inadequate:  There are four carriage horse stables in Manhattan  – all between 10^th and 12^th Avenues on the far west side  – on W. 37^th, W. 38^th, W. 48^th and W. 52^nd Streets.   They are all multi-storied stables housing stalls on upper floors. The horses access the stalls by a steep ramp.  There is only one means of egress --  in the event of a fire, it would be virtually impossible for the horses to escape.  

West Side Livery - typical

The stalls, by law, must only be 60 square feet or 6’ x 10.’  They call these box stalls because of the configuration – not size.  This is less than half what experts recommend, which is 12’x 12’  or 144 sq. ft.  for standard bred horses about 10000 to 1500 pounds – and  14” x 14”  or 196 sq. ft. for the large draft breeds who can weigh over 2,000 pounds. 

  

No pasture on which to graze:  In addition – the horses have no access to pasture turnout to graze – something horses need on a daily basis.  None whatsoever.  They work a 9 hour day,  and come back to their small sterile stall where they wait to be taken out the next day  - they do this for 7 days,  47 weeks a year.  The owners are required to send the horses for five- week furloughs every year to a “horse stable facility.”  But there is no requirement in the law that these “facilities” be approved by the ASPCA or the Department of Health or that they meet any standards.  As a result, we have heard complaints that some of the horses return from their furlough looking worse than when they left.  We have also heard they are kept in stalls and not fed properly.  But no one seems to care enough to investigate this.  

The former ASPCA equine veterinarian, Dr. Pamela Corey, is cited in the NY Post on November 2, 2011 as saying "We have observed some horses returning to New York City after furloughs on a farm in worse condition than when they left."  This was never investigated.

The former ASPCA equine veterinarian, Dr. Pamela Corey is cited in the NY Post on November 2,

West Side Livery 

2011   as saying “We have observed some horses returning to New York City after furloughs on a farm in worse condition than when they left.”  This was never investigated. 

Carriage driver charged with animal cruelty:  And  now comes a new twist – a carriage driver being called out by a NYPD officer and charged with animal cruelty for allegedly working his horse with a 4-day old injury.  The driver, Saverio Colarusso,  was seen in Central Park on Wednesday, December 18^th  by Officer Brian Coll who stopped him when he saw his horse struggling with the weight of the carriage.  The NYTimes broke the story on Friday, December 20th.  

The spokesperson for the trade is (of course) denying that this is common practice and trying to distance themselves from the diver.  But this puts a crimp in their mantra of  “The NYC carriage horses are well-cared for – as a matter of fact, there has never been a carriage horse driver cited for mistreatment, cruelty, or abuse of a carriage horse. “

We have disagreed vehemently with this statement  because we know that the regulations governing the trade are not enforced.  This driver is finally the one who slipped through the cracks thanks to a compassion and astute NYPD officer.  We also know it not to be true because of the many violations published by the Department of Consumer Affairs.

 Drivers are inclined to break the laws when no one is looking – whether overloading their carriage with too many passengers; making illegal u-turns; or ignoring a lame horse.  Hiring a platoon of officers to follow the drivers for infractions is as absurd as it would be costly.   Police officers are not familiar with the specific laws and generally look the other way – this time it was different and Officer Brian Coll is a true hero. 

The ASPCA is giving up humane law enforcement on December 31^st.  But they were rarely in Central Park so would not have seen something like this. 

Clinton Park  - dismal  - certainly not "light & airy" 

Need more impartial investigations:  We also wonder why the media is not investigating this animal cruelty incident further.  There are too many unanswered questions  - such as:  why wasn’t the owner of the horse charged with cruelty also?    It is ultimately his/her responsibility for the welfare of the horse.

Why didn’t the stable hands and other drivers notice something was wrong?   The horse is alleged to have had a 4-day old injury on his left rear leg causing him to limp. 

Why didn’t the customers notice or say anything? 

Clean and airy stalls - I don't think so:  The cruelty charge and the diagnosis of thrush also calls into question their “clean, light and airy stalls”  and the “regular vet and farrier visits.”   It is highly probably that Blondie was standing for some time in filthy urine-soaked bedding, which was ignored. 

Thrush is easily prevented by cleaning a horse’s hooves daily – before and after his shift – and keeping the stall clean and dry.    If left untreated, as this horse apparently was, it can cause lameness.  It is a glaring example of neglect.

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