The Pennsylvania Department of Agriculture is using what it hopes will be a more effective tool to rein in one of the county's more defiant dog breeders.
This building houses Ervin Zimmerman's kennel and dog breeding operation at 400 Metzler Road in West E
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Early last month the department filed a civil lawsuit against the owner of a West Earl Township kennel, Ervin Zimmerman, whose license to maintain a kennel and dog breeding operations was revoked in November 2007.
The state initiated the lawsuit when state dog wardens visited Zimmerman's property on the 400 block of Metzler Road Aug. 4 and discovered, according to the complaint, t "Defendant had 193 dogs on the premises which he continues to breed and sell."
Susan West, director of the state Department of Agriculture's Bureau of Dog Law Enforcement, said the civil lawsuit represents "our best tool to get to the end result in the fastest manner."
If the bureau had filed a criminal lawsuit, West said, "it could take up to a year to go to trial and he would be able to operate that entire time."
The civil lawsuit calls for an injunction that would close the kennel and levy fines up to $500 for each day that he continues to operate without a license.
"This will help us expedite matters," West said. "It provides emergency relief until the whole matter is settled."
However, West said, the lawsuit will not be heard until a judge rules on a lawsuit Zimmerman has filed at the federal level.
"He is also licensed by the USDA [United States Department of Agriculture]," West explained, "and he believes the state laws are in conflict with the federal laws."
That hearing, West said, is scheduled for later this month.
West said Zimmerman is one of her department's more problematic owners. "He appeals every step of the way," she said.
While the use of civil lawsuits by the department is not new, said agriculture department spokesman Chris Ryder, they are not used often because "we don't have that many cases where we have to go to court. Usually, once we charge an unlicensed kennel they close.
"In this case, Mr. Zimmerman operates" despite agriculture department actions and adverse legal decisions against him.
Zimmerman's farm and kennel is about two miles north of Brownstown on Metzler Road and visible from Route 222.
The large, white, stone farmhouse is shaded by trees and sits near a red barn and other outbuildings. Its fields extend across Metzler Road.
The kennel/breeding operation is housed in a 1½-story building to the rear of his barns. Exhaust fans provide ventilation to the small structure, constructed of a combination of concrete block and wood, all painted white.
Zimmerman's 2007 license was revoked after his kennel failed seven inspections between June 5 and Oct. 11, 2007.
According to the complaint, Zimmerman — despite the 2007 revocation — filed an application for a 2008 kennel license this past January. The dog law bureau rejected his application and Zimmerman appealed that decision.
Feb. 22, 2008, state Secretary of Agriculture Dennis Wolff stayed the denial, allowing Zimmerman to continue his kennel and breeding operations until the appeal could be heard. That hearing took place June 24, and after reviewing testimony, Wolff re-affirmed the denial July 25, leaving Zimmerman without a license to operate his kennel.
In May of this year, Lancaster County Judge Howard F. Knisely found Zimmerman guilty of 10 counts of animal cruelty and five counts of violating state dog laws. Zimmerman was fined $1,500 plus court costs for the animal cruelty convictions and $425 plus costs for the dog law violations.
During the trial it was revealed that Zimmerman, in 2007, had kept more than 220 dogs in 50 cages at his kennel. During the Nov. 3, 2007, inspection, dog wardens seized 18 dogs, including a puppy whose hind feet had been chewed off, dogs with wounds from fighting, and dogs with infected gums, ears and feet.
Officers also reported that it took them 30 minutes to track down Zimmerman, who ran from inspectors when they arrived.
A woman who answered the phone at Zimmerman's property Friday said Ervin Zimmerman was working in his field. When asked if he would want to discuss the lawsuit, she said, "No, he wouldn't want to do that."
In a related development last week, an advisory council of the Pennsylvania Professional Dog Breeders Association filed a lawsuit against the state's Bureau of Dog Law Enforcement for selectively targeting Lancaster County kennels for inspection.
An incident involving state kennel inspector Kristin Donmoyer during the November inspection at Zimmerman's kennel is highlighted in the lawsuit. Donmoyer is listed as a defendant.
The lawsuit alleges Donmoyer "blatantly" violated the rights of kennel volunteer Carl Gilgore, who was videotaping the inspection, when Donmoyer allegedly threatened him with arrest. Gilgore was not arrested and continued videotaping the inspection.
In announcing the lawsuit, Bob Yarnall, president of the American Canine Association Inc. said, "Since 2006 the governor has directed the Pennsylvania Department of Agriculture to target commercial kennel operators and to find reasons to shut legitimate businesses down."
Yarnall said: "Based on the department's annual report to the General Assembly, in the year 2007 kennel operators in Lancaster County were more than three times more likely to be inspected, more than 10 times more likely to be cited for violations and over 100 times more likely to receive a warning," than kennel operators in other counties.
He concluded, "There is an undeniable pattern of abuse by the Department of Agriculture in enforcing regulations and the law that is intended to protect all dogs — not just dogs in one part of the state."
Chip Smedley is a staff writer for the Sunday News. E-mail him at csmedley@lnpnews.com.
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