Lawyer: ‘She needs all of these cats very much’
Published 10:00 pm Thursday, December 20, 2018
The Hartland woman who had 16 cats seized from her house last month described why she should get the cats back Thursday during a motion hearing in Freeborn County District Court.
The hearing came after Kim Jameson, through her lawyer, James Heiberg, sought emergency relief from the seizure of 16 cats from her home Nov. 27 at 515 Johnson St.
The Animal Humane Society in Golden Valley seized the cats from her home during the search warrant undertaken by the Albert Lea Police Department after Jameson did not deliver all unlicensed cats to the city of Hartland, an appointed agent or a humane society within 10 days of Judge Ross Leuning’s Sept. 17 order for her to be limited to two licensed cats.
While speaking before Leuning Thursday, Jameson said the cats serve as emotional support animals for her and her daughter as they both battle anxiety and depression. She said her daughters have seen the decline in her mental health since the situation began.
She said the cats help her immensely.
“I didn’t license them to keep them,” she said. “I licensed them to save my life.”
She claimed she no longer feeds cats in Hartland.
After the hearing, Hartland Mayor Deb Flatness said the city has proof Jameson was feeding cats in Hartland last weekend.
“We have video of her still feeding cats — or photos at least — over the weekend on other people’s private property,” she said. “She is not credible in any way, shape or form.”
Heiberg noted the eight cats Jameson wants returned are emotional support animals.
“She needs all of these cats very much,” he said.
Judge Ross Leuning questioned how the city would have been aware of Jameson having too many cats unless they were roaming.
Jameson said the city refused to allow her to build a fence after she signed an agreement in June 2017 that the 10 cats she had could be grandfathered into a maximum two-cat requirement as long as she erected a fence and her cats were spayed and neutered.
The city contends the fence she requested was 4-feet high and chain linked, not tall enough to keep feral cats from coming and going to and from her house.
After the hearing, Jameson said she never told the city what kind of fence she wanted to put up and only said she was thinking about putting up a chain-link fence. She said the city told her she could not have a chain-link fence.
In an email Thursday night, Flatness said the city allowed her to have a chain-link fence, provided it was a cat-proof one, but she “did not request a permit for a viable cat-proof fence, and, in fact, did not construct any fence at all until she placed some panels for a partial fence within the past few days.”
Heiberg said it is believed that “multiple homes in Hartland” have multiple unlicensed cats.
Leuning replied though people might believe that is true, that is not enough cause for police to execute a search warrant.
“We don’t make assumptions, and we don’t speculate,” he said. “We need facts.”
In arguing for relief, Heiberg has claimed the city of Hartland coerced Jameson into “signing away her rights and protections under the Fair Housing Act,” something they said she qualified for because she has a mental disability.
In court, Heiberg downplayed the seriousness of Jameson’s alleged violation, calling it “a few cats in a small community,” and asked Leuning to return eight cats to Jameson.
“Ms. Jameson is ready to comply with all of Hartland’s requirements,” he said. “She just really wants her cats back.”
Leuning said the maximum two cats allowed in a house in Hartland is relatively low compared to others he’s seen in other towns.
“I’ve never seen it that low,” he said.
Leuning said he was not persuaded the city bullied Jameson because she was initially allowed to keep 10 cats, five times more than the limit.
In the email, Flatness said the city stipulated Jameson keep the cats on her property, provide sufficient photos to identify each cat, provide up-to-date vet records and license them.
“Jameson did none of the above,” Flatness said.
“Jameson did not comply with any of the agreement requirements. She did not keep her cats on her property. She had open pet doors on her garage, and up until a few days ago, left inner house doors and patio doors open so that cats could freely come and go. She did not stop placing cat food around Hartland or in open places on her own property. This caused skunks, possums, raccoons and even coyotes to become very problematic within the city.”
Flatness said Jameson “continues to be a public nuisance, and poses a threat to the health and safety of Hartland residents by her activities.
“She is not a harmless, mentally ill resident,” Flatness said. “One person’s mental illness, manifested in cat hoarding, does not supersede the health and well-being of everyone else in the community.”
Heiberg said Jameson’s doctor is willing to testify as to why each cat is important to her.
Flatness said the city has enforced the ordinance at several other homes, regarding chickens and loose dogs.
“We’ve probably had more complaints involving Kim Jameson than everybody else put together,” Flatness said.
Leuning took the matter under advisement and said he plans to issue a ruling as soon as possible.
Jameson said she is not confident she will be granted relief.
“I feel like every turn that I come, there’s just always something … I don’t get my hopes up anymore,” she said.