That is a setback for animal-welfare interests, because it will be more difficult and costly to push dozens of lawsuits. On the claims against Smith, Crittenden ruled that the state's agriculture commissioner does not have a duty to make counties hire dog wardens and operate decent shelters, as was alleged in the suit. In a plus for the animal activists, however, Crittenden said the lawsuit could proceed against Smith on the issue of whether he has done a poor job enforcing the state law on licensing dogs. That could someday mean changes for thousands of dog owners in Kentucky. Counties are supposed to sell the tags and forward half of the money to the state, which uses the fund to reimburse farm owners for livestock killed by dogs or other predators.
State reports show many counties fail to comply, however.
Overall, counties sold 89,645 tags, accounting for only a fraction of the estimated 800,000-plus dogs in the state. The low licensing rate contributes to a lack of money to pay dog wardens and operate animal shelters, control strays and prevent overpopulation. A coalition of animal-rights groups from Kentucky and elsewhere filed the lawsuit against Smith and the county officials, arguing they have failed to satisfy the law requiring each county to have a dog warden and shelter. The suit argues that many counties operate dirty, cramped, inadequate shelters, or no shelters at all. Some have no dog warden, while others have given lip service to the law by designating a dog warden whose main job lies elsewhere, such as on the road crew, animal-rights groups argue.