Showing posts with label amy roman. Show all posts
Showing posts with label amy roman. Show all posts

Sunday, July 14, 2013

Just a Battle of Words

This No Kill Nation vs Drats case evolved over my demands that No Kill Nation disclose how the $100,000 donated to the Everglades Project in the fall of 2011 was actually being spent.

Rather than disclose that accounting NKN's leader Day instead hired a law firm Tripp Scott to file a civil law suit for the comments listed on these two pages.






Compare the context of my statements, many of which were posted on my personal Face book page, with the comments leveled against me personally. Ironically it would be one year, or in mid November of 2012 that NKN finally released their version of Everglades accounting.

Line items for an administrative fee of $5,646 on donations earmarked for rescue with only $872 paid out to "My Animals Rock" which is rescue group that had been helping Mirta for years. 

Regardless off the numbers on payments to various vet offices the cost per animal rescued would have been substantially less had this rescue operation partnered with Miami Dade Animal Services. 

Sadly, because No Kill Nation insisted on controlling the rescue operation based on available resources.  Many dogs got left behind that could have had a safe place to sleep at the county shelter.

Note: Amy Roman Restucci took over the Abandoned Dogs of the Everglades in February of 2012.  She is now paying herself a $50,000 salary and driving a new BMW - all thanks to donor dollars.  No Kill nation paid ex show breeder Karolyn Rico a $41,000 salary or more than Ingrid Newkirk for who knows what job responsibility she had.  Charity fraud?  You be the judge.


This one area was were No Kill Nation and I disagree on.  With the hatred that No Kill Nation and their leaders had towards shelters and the animal protection community this much needed help was simply ignored.

The accounting was only released in November of 2012 one week after a "Permanent Injunction" was issued ordered me to take down numerous Drats Blogs and just about any reference I may have made that mentions No Kill Nation on Facebook as well.




The arrogance of deceit kept more animals from being saved.  More numbers that are just numbers considering how long it took No Kill Nation's two accountants to put this together. 

Balanced Paws has a business relationship with NKN's leader Debi Day.  The payout of $3,000 was for boarding and training of a dog rescued from the Everglades named Pierre.  There has been no clear explanation as to what happened to Pierre after or if he left the control of Balanced Paws.




Fourteen months in boarding is an awful long time for any dog but to take a dog found living in the wild and make no attempt to find a suitable foster is simply irresponsible.

Still, while No Kill Nation admits they are not a rescue group they have repeatedly attacked my work here running a no kill sanctuary for senior hounds that I started in late 2002.  I have never fostered a dog in boarding.


While NKN's Amy Restucci was much too busy to foster Pierre herself, or simply clueless on fostering, she did have time to take her whole "100+ Abandoned Dogs" team to Key West for some rest and relaxation. 

 
 

 I never realized how emotionally stressful rescue is in south Florida.  Most rescuers I know spend their evenings cleaning cages, playing with their fosters and trying to figure out how your going to pay for all those fosters living by your feet.  Not Amy, relieved of the boring responsibility of teaching fosters to trust again she unwinds with a night out with the girls at her favorite pub.

Yet, Amy has on numerous occasions called me irresponsible and a hoarder.  I guess you can't be a hoarder as long as you dump your rescues in boarding and get someone else to pick up the tab.

Once I first starting nosing around on issues related to No Kill Nations involvement in the Everglades Project including the relationships with NKN employees Kathy Santomero, Amy Restucci, Maggie Rodriquez and Camille Loge the rhetoric directed towards me became increasingly hostile.

Who is Kathy Santomero?  Kathy was one of the major fundraisers for the Everglades Project.  She did such a wonderful job No Kill Nation promoted her to the board of directors.  Kathy is also a woman of many words.
 

In addition to her skills in fundraising Kathy is well versed in espionage.  One would think a group devoted to ending shelter killing in our nations shelters would have board members focused on bringing about that change.

The sad thing is I am not that difficult to spy on.  My Face book page is open to the public, all my blogs are not only open but allow un moderated comments - something that is unheard of in the no kill movement.

If you can't defend your vision by communicating why your vision is better than anything else then you don't have a vision.

While Kathy talks a good story about being compassionate with those who suffer from chronic illness her actions tell an entirely different story.  Was it compassionate to sign an affidavit swearing under oath that 150 plus of the Drats blogs were "lies and defamatory" towards NKN when many of the topics discussed in those blogs covered item like puppy mills, Nathan Winograd (who is NOT NKN), CAPA laws, Rick Berman and the like.  Either Kathy has extremely poor reading comprehension skills or she deliberately filed a false document with the court.

Why would she do that?  In her own words - it's about the music.

Yes, Kathy IGNORANT PEOPLE can be so cruel.

Despite all this hateful rhetoric I complied with the court order that resulted from Santomero's false affidavit used in court to secure a permanent injunction.  Over 150 blogs were deleted, including dozens of educational blogs written months before the Everglades even became an NKN project.

All my older comments on Facebook were blocked by simply changing settings preventing anyone from accessing old posts,  A court order to Google deleted over 150 of my blogs including the blogs on puppy mills, Nathan Winograd, Rick Berman, CAPA, Mike Fry and even more incredibly blogs written about my hounds.

In fact, the order was so extensive that two blogs I wrote for first amendment clarification called "Amused to Death" and "My Back Pages" containing nothing more than lyrics to songs that had been around for decades.

Yet, NKN's board member K Santomero swore under oath that all of these blogs were "lies and defamatory" towards NKN.


That was part of my issue with the permanent injunction. What landed me in hot water was when NKN's attorney demanded that all "future writing" on the NKN be included as well.

Clearly, No Kill Nation's leader nor her friends were going to adjust the tone of words they choose to post.  Words of hate became the battle call of a war of words that entangled anyone who dared voice an opposing viewpoint on No Kill Nation's vision or agenda.


Despite demands from Debi Day's attorney that I not be allowed to comment at all on anything related to Debi or her organization those same guidelines obviously didn't apply to her. 

People were attacked with vile comments by both Debi and her friend Maria Venuto (who posts by the alias Lucy Von Pelt) for simply being friends.  I have only known Hilda Mueller for a very short two years.  Hilda is one of the kindest, compassionate person I have had the honor to meet.  The hateful, vile attacks that were directed at Hilda and her family became very personal to me.

I have never had the honor to meet Mary Lundberg but I do know in watching her work she is a friend to shelter animals.

What kind of leader of a national animal advocacy group threatens people and what kind of leader allows her friends to post the most vile comments about a person imaginable?  Mary works tirelessly taking pictures of shelter dogs at MDAS hoping to find that one person who might save a life.  Debi Day and her NKN friends are much too consumed with their war of hate to be bothered.

This is school yard behavior - Debi Day can not be trusted to act like an adult.  This "no kill" movement - if there is a movement - will never survive as long as it is run by children who only have hatred in their hearts.


 
Maybe someone can explain to me where this dialog fits in with implementing Nathan Winograd's "No Kill Equation"?  As an advocate for over a decade I have never seen such vile language.  For a leader of an advocacy group to not only include themselves in this discussion but to host these friends on her Facebook page should be disgusting to everyone who got into advocacy or rescue not to play school yard bully but to save lives of the four legged companions most of us love so dearly.


The truth is none of the vile comments above can be banned through the courts.  That would clearly be a violation of the first amendment.  The Supreme Court has ruled that "even defamatory speech" is protected under the first amendment.

Now as a practical application it would be ill advised to write things that can be proven defamatory like the comments I have just shared.  Those defamatory comments then could be subject to a lawsuit clarifying whether or not they were defamatory or not.
Debi Day has repeatedly claimed that the statements I've written on Facebook or this Drats blog were "ruled" defamatory after the court heard testimony was heard.  That is a blatant lie.  The court NEVER held evidence hearings on any of the statements listed in the original complaint No Kill Nation filed.  

The only hearings held were pretrial motion hearings.  I defaulted out of a court battle that would have cost me six figures in legal fees to defend.  Instead of wasting money on attorney's I chose to use my resources to pay for things like surgery and vet bills for the hounds.

In this country the super wealthy should never be able to "PURCHASE" public opinion.  The concept of the rich and affluent not only silencing my voice but, as Maria puts it "putting me in prison", is something that happens in third world countries but not in the United States of America.

I know many have told me to walk away but walking away from defending the right to free speech would be an insult to all of our brave soldiers who paid the ultimate price for my freedom and yours too - that is simply something I will not do.

Friday, January 18, 2013

Funding No KIll Nation's War on Free Speech?

 "Was anyone else aware that NKN is involved in a lawsuit with an animal rescuer?!?! If you read about this lawsuit, some of the allegations about NKN are very troubling! Did you know that they take donations that are supposed to be used for animal rescue and then they (allegedly) spend them on lawsuits, paying employees and other various things? When you donate to NKN or any other animal welfare organization, is that how you expect your funds to be used? Thoughts?" 
Posted on Facebook Nation Animal Rescue - Miami Dade Animal Shelter
Kimberly  I believe NKN won the lawsuit, therefore the allegations should be put to rest. Also, their form 990 from the IRS is available on their website.

Many non-profits pay employees, so I fail to see anything wrong with that. And the lawsuit was said to be privately funded, and does not show up on their tax returns.

While none of the merits in this case where ever heard it is important to understand timeline facts that are in dispute. This case was filed in Broward County court in November of 2011. At that point No Kill Nation was still running it’s Everglades Project with Kathy Santomero and Amy Restucci administering the "100+ Abandon Dogs in the Everglades" page. As of November 2011 No Kill Nation had not released any financial information on money already collected.

In May of 2012 No Kill Nation filed in 2011 990EZ tax return. This tax return dated May 24, 2012 and signed by NKN president Debi Day. The return included over $22,411 in professional fees, it is assumed that these professional fees were retainer fee paid No Kill Nation’s law firm Tripp Scott.

The return also includes a "Schedule O" liability of $247,000 "loan payable" to Lincoln Day and a "loan receivable" amount of $227,736. It appears that while Lincoln Day did issue loan of $247,000 to No Kill Nation the terms of that loan were not disclosed. It would also appear that approximately $22,411 of the loan was issued to No Kill Nation and used to pay the retainer fees.

What isn’t included in the May 2012 tax filing is any reference to costs, liabilities or pay outs for the Everglades Project. This despite several months having transpired in a "rescue" project that No Kill Nation formally cut ties in in early February of 2012.

On November 9th 2012 No Kill Nation was awarded a "default judgement" in the civil suit in Broward County court. What a default judgment means is that since Miami Dade Rescue Railroad failed to hire an attorney to defend itself on the merits of the case MDRR

On No9vember 14, 2012 No Kill Nation released an "amended" 2011 "990" tax reform signed by No Kill Nation’s president Debi Day. The changes in this return include (but not limited too) removing the $22,411 paid out as professional fees and listing no expenditures for professional fees. The return does list line item accounting of "program accomplishments" including the Everglades Project $87,317 in revenue and $70,172 expenses. It also listed program expenses of $25,066 for NKN employees to attend the No Kill Conference in Washington DC (yes YOU paid for that), $10,075 for No Kill conferences in Austin Tx, Maui, Hi and Albuquerque NM. Yes, donors paid for those NKN excursions as well.

In order to get a detailed breakdown on the funds collected under the Everglades Project No Kill Nation provides a link to another No Kill Nation project called the "No Kill Fund". The No Kill Fund appears to be a deliberate effort on the part of No Kill Nation to solicit funding that can be used in filing court cases against anyone so bold as to dare oppose No Kill Nation’s political agenda. Those cases would include the current cases already filed against advocates like myself, filed against the non profit (now dissolved) group Miami Dade Rescue Railroad and against Fort Lauderdale rescue group No Paw Left Behind.

No Kill Nation through it’s attorney has also sent out numerous "cease and desist" warnings to a number of other rescue advocates warning them of pending civil cases if they continued to make any negative comments about No Kill Nation or it’s president Debi Day. One advocate received a cease and desist for posting a single comment that questioned Day’s leadership skills and her previous lack of experience in shelter reform.

Advocates are free to support any political organizations that provide advocacy that supports their needs. But advocates also have a right and responsibility in knowing whether the funds donated to No Kill Nation is indeed used to "save" animals or whether those funds are being used to stifle free speech while supporting a political agenda that is not rescue friendly. 

To be clear, No Kill Nation through it’s own admission DOES NOT DO RESCUE.

If your intent is to donate to groups that "save" animals No Kill Nation is not that group. By it’s own admission No Kill Nation is not a rescue group. No Kill Nation is a rather small organization of less than six people who do not foster shelter animals but instead focus as Nathan Winograd puppets perpetrating myths about no kill that include a relentless attack on anyone who dares disagree with Winograd’s twisted, demented thinking. That thinking includes unsupported concepts that pet overpopulation is a myth and a divisive attack on the animal protection community and the rescue community who both do have programs that help rescue animals not only from shelters but from puppy mills and hoarding sanctuaries as well.

The current leadership of No Kill Nation including show breeder Karolyn Rico, bored socialite Debi Day and Kathy Santomero have absolutely no prior success in reforming shelters including those extremely high kill shelters located in Broward or Miami Dade.

While it is certainly admirable that communities consider passing "no kill resolutions" as we have seen in Carrabus County NC that these resolutions are entirely useless without the local funding needed or a clear implementation plan being included. It is simply a shell game used to solicit more support and more funds without ever being held accountable for success.

It has been close to two years since passing a no kill resolution in Carrabus County. The shelter has yet to hire or fund a shelter manager two years later and still kills over half of the cats and dogs entering its shelter. Carrabus County does not do off site adoptions, does not have an endorsed TNR program, has not promoted any new spay neuter programs nor is there any type of volunteer program focused on promoting life saving initiatives including the infamous No Kill Equation.

Yet, in its almost daily pleas for donations No Kill Nation wants followers to support "forging ahead" with its mission?   Mission for what? We are still all ears but we are looking for ANSWERS not mindless rhetoric coming for the leadership of No Kill Nation. Please explain exactly how spending tens of thousands of dollars attacking those who don’t support your mission moves us closer to building a no kill nation.