OAG 1994-012.

• Case Date: March 24, 1994
• Court: Ohio

Ohio Attorney General Opinions 1994. OAG 1994-012. March 24, 1994OPINION NO. 1994-012Thomas W. Liggett, D.V.M., President Ohio Veterinary Medical Board77 South High Street, 16th FloorColumbus, Ohio 43266-0116Dear President Liggett: In response to a request from the Ohio Veterinary Medical Board for an opinion regarding the operation by a county humane society of a veterinary clinic in which spaying and neutering services were performed, 1991 Op. Att'y Gen. No. 91-054 concluded that the operation of such a clinic by a county humane society was outside the scope of the society's statutory authority as set forth in R.C. 1717.02. That conclusion was based on such information as was available to this office at the time, which indicated that there existed only a tenuous causal link between the spaying and neutering of companion animals such as dogs and cats and the accomplishment of a county humane society's statutory objects.(fn1)Subsequent to the issuance of that opinion, this office has been provided with various statistical data demonstrating a substantial causal link between the spaying and neutering of such animals and the furtherance of a county humane society's statutory objects of preventing cruelty to animals and inculcating humane principles. In light of that new information, it is appropriate to reexamine the issues raised by the Board's earlier request, and reconsider the conclusions set forth in Op. No. 91-054.

Statistical Information Demonstrates a Relationship Between the Objects of a County Humane Society and the Provision of Spaying and Neutering Services

Since the issuance of Op. No. 91-054, various humane societies in Ohio and other states, as well as the Humane Society of the United States, have provided information that documents the magnitude of the animal overpopulation problem, the cruelty that results from that overpopulation (whether from neglect or intentional inhumane actions), and the positive effect of spaying and neutering programs on this problem. The statistical information indicates that a causal link exists between animal overpopulation and incidents of cruelty and suffering that occur within the overall animal population. This causal link has led other governmental agencies to recognize that the spaying and neutering of companion animals help prevent cruelty to animals.(fn2) Additionally, the spaying and neutering of these animals help inculcate the basic humane principle that pet overpopulation must be curbed to prevent cruelty and suffering. For example, Animal Charity of Youngstown, Ohio tracked the number of dogs euthanized by the county dog pound between 1978 and 1983, prior to the time that Animal Charity established its own spaying and neutering program. Animal Charity also tracked the number of dogs so euthanized between 1984 and...