The Humane Society of New Orleans, a corporation for the prevention of cruelty to animals domiciled in the City of New Orleans, is legally authorized to have its Humane Investigators commissioned as special police officers with full police powers through the Mayor of the City of New Orleans. New Orleans' current Mayor, Mitch Landrieu, has to date failed and willfully refused to commission our Field Investigators. Because of his continued refusal, we have filed a Writ of Mandamus to compel him to essentially "do his job" and what is right for the animals in the City. It is our position that, based on the verbage contained in the state law, he has no discretion and must commission whomever we nominate.
LA R.S. 3:2391 clearly states that the Mayor "shall appoint and commission as special police officers such agents as the corporation for the prevention of cruelty to animals may nominate". These are the filings in court to date:
- Our original filing can be found here.
- City of New Orleans Mayor Mitch Landrieu's response to our Writ is here.
- Our response to his response is here.
- Petition for Devolutive Appeal filed with the Louisiana 4th Circuit Court of Appeals
- 4th Circuit Appelant's Brief filed with the Louisiana 4th Circuit Court of Appeals
- City of New Orleans Mayor Mitch Landrieu's response to our appeal is here.
- Mayor Landrieu has also requested an oral argument.
- The HSNO is opposed to the oral argument because he failed to file it in a timely manner.
- Our response to Mayor Landrieu's response is here.
At a court hearing on this matter on May 3, 2013 at 9AM in Civil District Court Section G, Judge Robin Giarusso chose to deny our Writ to compel the Mayor to issue the commissions. The entire ruling was based on her belief that, and we quote, "I think the home rule charter trumps [state law]. I just do". No lawful basis for the denial was given and no law was cited by Judge Giarusso. The denial has been appealed to the Louisiana State Court of Appeals.