Category: Gas Chambers

Ohio Court Bans Use of Gas Chamber

Gas-ChamberAn Ohio Appeals Court, the Fourth Appellate District, has issued an order requiring the Dog Warden of Hocking County to use lethal injection, not carbon monoxide gas, when euthanizing dogs. The Court ruled,”We find that the [County’s] carbon monoxide method of euthanasia as the standard method of destruction of dogs does not immediately and painlessly render the dog initially unconscious and subsequently dead and is not humane.

Therefore, we GRANT relator’s motion for summary judgment and issue a writ of mandamus compelling the respondent Dog Warden of Hocking County to euthanize dogs by injection as the routine means of destruction in ccordance with R.C. 955.16(F). We further issue a writ of mandamus compelling the respondent Board of County Commissioners of Hocking County to provide euthanasia by injection as the humane device and method for destroying dogs in accordance with their obligations under R.C. 955.15.” (July 14, 2014, “Decision and Judgment Entry,” at p. 21.)

Ohio Revised Code 955.15 basically requires the use of “humane devices and methods” for euthanasia. ORC 955.18(F) precludes euthanasia “by any method other than a method that immediately and painlessly renders the dog initially unconscious and subsequently dead.”

In this case the Ohio SPCA represented by attorney John Bell filed a petition for writ of mandamus which is, in essence, an order requiring a public official to perform a clear legal duty. ORC Ch. 2731 The petition requested the Court order the Hocking County and its Dog Warden, Donald Kiger, to carry out their legal duty to use “humane devices and methods for euthanasia pursuant to ORC 955.15 and also enjoin them from using carbon monoxide gas particularly in their homemade gas chamber which they argued was not humane because it does not “immediately and painlessly renders the dog initially unconscious and subsequently dead.” The petition sought to require the county and Dog Warden to use lethal injection for euthanasia or EBI.

In issuing its orders, the Court agreed that there was no genuine issue of material fact. The evidence could not be disputed by any material fact that use of carbon monoxide to kill dogs was inhumane. A former assistant Dog Warden and humane agent, Chris Vickers, testified that when they were in the gas chamber, he heard dogs “screaming like they had been hit by a car and injured”. Gassing took several minutes and was not alway effective in causing death. He would see dogs struggling, fighting, urinating and defecating on themselves. He routinely found blood, bite marks, feces and urine on their bodies when he removed them from the chamber after gassing.

An expert witness for OSPCA, Dr. Manuta, testified about whether the carbon monoxide gas chamber comports with industry standards as found in the American Veterinary Medical Association (AVMA) Guidelines for the Euthanasia of Animals, 2013 Ed. The AVMA Guidelines states CO gas is not recommended for routine euthanasia of dogs and cats. The preferred method of euthanasia for these animals, according to the latest AVMA Guidelines is EBI. He testified it can take 25-30 minutes for gas to render an animal unconscious compared to EBI which results in unconsciousness in 3-5 seconds.

Ohio animal advocates have battled county by county to end the use of cruel and inhumane gas chambers in the state’s shelters. Let’s hope this opinion shuts down the remaining gas chambers in Ohio.

AVMA: Gas Chambers Not Recommended for “Routine Euthanasia” of Dogs and Cats


AVMA insigniaThough the fine print of the American Veterinary Medical Association’s past Euthanasia Reports contain strong evidence of the cruelty and danger of carbon monoxide gas chambers used to kill shelter animals, the AVMA has continued to insist such use of the medieval devices in animal shelters is "acceptable".

Until now.

The AVMA has finally agreed in its 2013 Guidelines for Euthanasia of Animals that carbon monoxide gas chambers are not recommended for “routine euthanasia” in dogs and cats. Of course, AVMA buries this recommendation in a chart on p. 99 of the report. And AVMA still does not condemn use of CO gas chambers in killing shelter animals. The AVMA would still find use of a carbon monoxide gas chamber acceptable for dogs and cats as long as it is not used routinely. it is an important step forward. An Ohio appeals court recently cited AVMA’s 2013 statement CO gas chambers are not recommended for “routine euthanasia” in finding these medieval devices are inhumane and their use violates state law.

Until now the AVMA has claimed use of carbon monoxide gas chambers is an "acceptable" method of "euthanasia". The AVMA’s stance has been seen as a green light for shelters to continue to use this outmoded, barbaric means of killing animals.

Many never read the AVMA’s fine print.

The AVMA has stated CO gas chambers are "acceptable" as a means of killing as long as the proverbial camel fits through the eye of a needle. The AVMA envisions a laboratory setting rather than the reality, which is untrained shelter staff shoving animals into a gas chamber, turning it on and leaving the room.  The AVMA’s 2013 Guidelines on Euthanasia of Animals states: (1) Personnel using CO must be instructed thoroughly in its use and must understand its hazards and limitations. (2) The CO chamber must be of the highest-quality construction and should allow for separation of individual animals. If animals need to be combined, they should be of the same species, and, if needed, restrained or separated so that they will not hurt themselves or others. Chambers should not be overloaded and need to be kept clean to minimize odors that might distress animals that are subsequently euthanized. (3) The CO source and chamber must be located in a well-ventilated environment, preferably out-of-doors. (4) The chamber must be well lighted and must allow personnel direct observation of animals. (5) The CO flow rate should be adequate to rapidly achieve a uniform CO concentration of at least 6% after animals are placed in the chamber, except for those species (eg, neonatal pigs) where it has been shown that less agitation occurs with a gradual rise in CO concentration. (6) If the chamber is inside a room, CO monitors must be placed in the room to warn personnel of hazardous concentrations. (7) It is essential that CO use be in compliance with state and federal occupational health and safety regulations. (8) Carbon monoxide must be supplied in a precisely regulated and purified form without contaminants or adulterants, typically from a commercially supplied cylinder or tank. The direct application of products of combustion or sublimation is not acceptable due to unreliable or undesirable composition and/or displacement rate. As gas displacement rate is critical to the humane application of CO, an appropriate pressure-reducing regulator and flow meter combination or equivalent equipment with demonstrated capability for generating the recommended displacement rate for the size container being utilized is absolutely necessary.

On top of that, AVMA has never recommended use of the CO gas chamber for animals under 16 weeks of age or which might have difficulty breathing like pregnant, old, ill, or injured animals.

Then there has been the endless list of safety requirements because CO gas is dangerous, and shelter staff are at risk from CO poisoning when they load and unload or clean the gas chamber, breathing in low levels of the gas on a regular basis.  Not to mention the risk of explosions such as have occurred at the Iredell County and Lincoln County, North Carolina public shelters.  

See what we mean about the fine print? But there’s more.

Buried in AVMA’s 2013 Guidelines on Euthanasia of Animals is the admission that has been in its previous Euthanasia reports:  "Reptiles, amphibians, and diving birds and mammals have a great capacity for holding their breath and anaerobic metabolism. Therefore, induction of anesthesia and time to loss of consciousness when using inhalants may be greatly prolonged. Other techniques may be more appropriate for these species."  

Translation: Most animals including mammals like dogs and cats, can hold their breath and it may take a long time before they actually inhale enough CO gas to lose consciousness and they will suffer terribly in the meantime.

The AVMA’s new direction is more in line with the National Animal Control Association (NACA) which in September 2010, issued the following policy statement: "NACA considers lethal injection of sodium pentobarbital, administered by competent, trained personnel, to be the only method of choice utilized for humane euthanasia of animal shelter dogs and cats."

Also, the Association of Shelter Veterinarians agrees, stating flatly that "the use of carbon monoxide for individual or mass companion animal euthanasia in shelters is unacceptable due to significant humane, operational and safety concerns…[C]arbon monoxide euthanasia should be banned in shelters."


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Read the statement here by Paul Caravan, a witness to a CO gassing in North Carolina, and go here to read a number of statements from witnesses to the use of the gas chamber to kill animals.

For a look at states that have banned the use of CO gas chambers to kill shelter animals….

Go here to help stop use of the gas chamber in Davidson County, North Carolina and find information about dangers to humans including reports of explosions and inspections revealingt gas chambers found to be leaking CO gas… 

Help stop use of CO gas chambers in PA…. 

Find Animal Law Coalition’s 3 part series on gas chambers in North Carolina.

The Ohio Battle to End the Use of Cruel Gas Chambers

gas chamberUpdate September 18, 2013: Since Animal Law Coalition last reported on the status of the use of animal gas chambers in Ohio, a number of counties have stopped using the medieval torture devices to kill shelter animals. Five Ohio counties still use animal gas chambers, however:

Erie
Knox (the county claims only to use the chamber on wild animals, but this is still inhumane and unnecessary)
Medina (the county claims the chamber is used only on cats, but still…)
Carroll
Hocking

On August 15, 2012, the Fairfield County, Ohio commissioners unanimously agreed to stop the use of the cruel carbon monoxide gas chamber to kill shelter animals. The county switched to humane lethal injection for euthanasia. The gas chamber has not been destroyed, however.

During a commission meeting prior to the vote the commissioners heard eyewitness accounts of dogs including puppies that were still alive after they were gassed in a CO gas chamber. Some were gassed again and others thrown into the incinerator still alive. It is clear that the workers using the chamber were untrained and did not comply with the American Veterinary Medical Association guidelines for use of CO chambers. The AVMA has stated humane euthanasia by lethal injection is the preferred method of killling shelter animals. (In 2011 AVMA issued a draft proposal that would find use of CO chambers for “routine” killing of dogs and cats is unacceptable.The AVMA has never adopted this proposal, however.)

The Fairfield County Commissioners indicated cost of switching to euthanasia by injection or EBI was a factor. A 2009 study has established the cost of using lethal injection of sodium pentobarbital, than CO gas chambers. Regardless, the Humane Society of the United States offered to pay for the switch including the training of shelter staff to perform lethal injection and the necessary equipment and drugs.

Holmes County stopped using the gas chamber in April, 2012 and actually removed it. Brown County, Ohio also discontinued the use of its animal gas chamber in August 2012 and removed the device. In January, 2013 Ottawa County entered into a 2 year contract to have a veterinarian perform euthanaisa by injection and is reportedly no longer using the gas chamber. Athens, Clark, and Richland Counties have also recently discontinued the use of the gas chamber. In Trumbull, Licking, Highland, and Marion Counties the gas chambers were actually dismantled and removed.

This only happened because of the persistence of people who love animals; they contacted county commissioners and showed up at commission meetings, insisting not only on an end to use of gas chambers, but their removal as well.

It should be noted it is not known how many municipalities, breeders, trappers and others may use gas chambers to kill animals.

WHAT YOU CAN DO

If you live in one of the five Ohio counties still using CO gas to kill shelter animals, contact your local county commissioners and urge them to stop using CO gas to kill shelter animals and when euthanasia is necessary, use lethal injection of sodium pentobarbital which when used by a veterinarian or trained personnel correctly, is humane and more cost effective.

Also, U.S. Rep. Jim Moran has introduced a resolution in the House of Representatives that calls on states to ban the use of CO gas chambers. For more on that and how you can help pass it….. 

Ohio state law does not even regulate the use of this dangerous gas in shelters. Many states have banned its use, most recently Alabama, Pennsylvania, and Texas, and relatively few shelters in the U.S. still use this archaic, cruel method of killing animals.

The Association of Shelter Veterinarians has issued a statement that “the use of carbon monoxide for individual or mass companion animal euthanasia in shelters is unacceptable due to significant humane, operational and safety concerns…[C]arbon monoxide euthanasia should be banned in shelters.”

The ASV report elaborates, “[A]n acceptable method of euthanasia must be quick and painless, and should not cause distress.  Any gas that is inhaled must reach a certain concentration in the lungs before it can be effective (AVMA 2007).  The high gas flow rates necessary to achieve the recommended concentration of 6% can result in noise levels that frighten animals.  Placing multiple animals in the chamber may frighten and distress the animals and dilute the effective concentration of carbon monoxide that each animal receives, creating a haphazard euthanasia experience that can be prolonged, painful and ineffective.     

“Agents inducing convulsions prior to loss of consciousness are unacceptable for euthanasia (AVMA 2007).  Carbon monoxide stimulates motor centers in the brain and loss of consciousness may be accompanied by convulsions and muscular spasms (AVMA 2007).  One 1983 study of the effects of 6% concentration carbon monoxide on dogs could not establish the precise time that loss of consciousness occurred, and dogs were observed to be vocalizing and agitated (Chalifoux 1983). 

dog alive in gas chamber

“Carbon monoxide is extremely hazardous to human health because it is toxic, odorless and tasteless; it also has the potential to cause an explosion at high concentrations (AVMA 2007, NIOSH 2004).  The death of at least one shelter worker using carbon monoxide has been documented (Rhoades 2002, Gilbert 2000, HSUS 2009b, NIOSH 2004).  Chronic exposure to low levels of carbon monoxide can also cause serious human health problems (AVMA 2007). 

“Use of carbon monoxide cannot be justified as a means to save money, take shortcuts, or distance staff emotionally and physically from the euthanasia process.  Studies have shown that carbon monoxide is actually mor expensive than euthanasia by injection (Fakkema 2009, Rhoades 2002).  It takes longer than euthanasia by injection and has not been shown to provide emotional benefits for staff.  Some staff have reported being distressed by hearing animals vocalizing, scratching and howling in the chamber, and by having to repeat the process when animals survived the first procedure.”     

In Sept., 2010, the National Animal Control Association issued its statement rejecting use of carbon monoxide gas chambers.

WHAT ELSE YOU CAN DO

Call on your Ohio state representative and state senator to ban use of CO gas chambers on animals. Find your rep and state senator here.

Learn why the AVMA’s own Euthanasia Report supports an end to CO gas chambers. Contact the AVMA here and urge the AVMA to support an end to use of CO gas chambers to kill shelter animals. If you live in one of the Ohio counties that still uses CO gas for shelter animals, contact your local county commission and your veterinarian and urge them to stop the use of this cruel and inhumane means of killing animals.

It’s Time to Pass Grant’s Law

Grant

Update September 16, 2013: The Michigan Senate has unanimously passed Grant’s Law, S.B. 354, a bill that would prohibit use of gas chambers to kill animals in shelters. It’s onto the Michigan House of Representatives!

Four animal shelters in Michigan still use the archaic and cruel gas chamber to kill animals. S.B. 354 would require all shelters to use lethal injection as the means of euthanasia. 

The bill is named for Grant, pictured here, a sweet dog killed in a gas chamber at St. Joseph County Animal Control in 2008. The county has since discontinued the use of the chamber.  

Many states have banned its use, most recently Alabama, Pennsylvania, and Texas, and relatively few shelters in the U.S. still use this archaic, cruel method of killing animals.

In its proposed 2011 Euthanasia report, AVMA announces carbon monoxide gas is not recommended for "routine euthanasia" of dogs and cats. The proposed report notes that it can be "challenging" and "costly" for shelters to meet all of the requirements necessary for safe and effective use of carbon monoxide gas, assuming that is even possible, and concludes:

"[T]here is substantial risk to personnel (hypoxia) if safety precautions are not observed. Consequently, carbon monoxide is conditionally acceptable for use in institutional situations where appropriately designed and maintained equipment and trained and monitored personnel are available to administer it, but it is not recommended for routine euthanasia of cats and dogs. It may be considered in unusual or rare circumstances, such as natural disasters and large-scale disease outbreaks. Alternate methods with fewer conditions are recommended where feasible." 

(It is not known if the AVMA will adopt these changes to its euthanasia policies; until now the AVMA has found "acceptable" use of carbon monoxide gas chambers for animals. For more on this…..)

Regardless, the National Animal Control Association (NACA) issued the following policy statement in September, 2010: "NACA considers lethal injection of sodium pentobarbital, administered by competent, trained personnel, to be the only method of choice utilized for humane euthanasia of animal shelter dogs and cats."

Also, the Association of Shelter Veterinarians agrees, stating flatly that "the use of carbon monoxide for individual or mass companion animal euthanasia in shelters is unacceptable due to significant humane, operational and safety concerns…[C]arbon monoxide euthanasia should be banned in shelters.

For more information on Grant’s Bills and how you can help pass them, visit michigandersforshelterpets.org/grants-bill/