Suppose you have a Superman moment (because he officially lives in Delaware now) and you want to save a cat from a tree and then feed the meowing feline.
Yeah, you want to help the fur baby, but is it legal to feed stray cats in Delaware?
Here’s an explainer to help you and cat whisperers better understand the situation.
So, is it illegal to feed stray cats in Delaware?
No, people can legally feed stray cats in Delaware.
How do you know it’s legal to feed stray cats in Delaware?
In 2018, then-Gov. John Carney Carney signed House Bill 235 that focused on sustaining care for cats. In the synopsis of the bill, it defined “free-roaming cat caretakers” or good Samaritans as people who may provide food, shelter or medical treatment to stray cats without becoming an “owner” of the cats for legal purposes.
According to H.B. 235, the term “free-roaming cat caretaker” refers to someone “who provides shelter, medical care or food to one or more feral or free-roaming cats lacking discernible owner identification, and works to reduce colony numbers by working to spay and neuter the animals within their specific colony or colonies. Free-roaming cat caretakers are not owners.”
In 2018, then-Gov. John Carney signed House Bill 235 to help protect feral cats and good Samaritans who wanted to care for them around the state.
Alley Cat Allies (ACA), a nonprofit based in Bethesda, Maryland, advocated tirelessly for H.B. 235, according to ACA’s website. At the bill’s signing ceremony, the governor was surrounded by cats, kittens and humans, including ACA staff attorney Molly Armus, who delivered a few words in support of the cat law, according to ACA’s website.
ACA praised H.B. 235 because they claimed it would save the lives of strays.
“The bill also protects community cat caregivers by stating that they are not the cats’ owners,” per ACA’s website.
“Defining caregivers as owners discourages well-meaning people from caring for cats and practicing TNR [Trap-Neuter-Return] because they worry about the costs and legal responsibilities associated with being an owner. With H.B. 235 signed into law, Delaware’s caregivers can breathe easier knowing their local officials support them.”
Can I sue my neighbor for feeding stray cats in Delaware?
Feeding stray cats in Delaware is legal, but it appears doing so irresponsibly may open the door to potential legal problems.
In 2017, the issue of a potential feral cat lawsuit was addressed by Schwartz & Schwartz, Attorneys at Law, P.A., a legal team that takes on cases in Delaware, Maryland, Pennsylvania, New Jersey and Washington, D.C., per their website.
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According to Schwartz & Schwartz’s website, a woman identified only as “Rebecca from Laurel, Delaware” wrote a letter to the attorneys in 2017, stating their neighbor was feeding strays that resulted in dozens of feral cats hanging around their neighborhood.
Also, the Laurel woman said the cats dug through the trash and came in their yard.
“If one of these cats bite someone, is the neighbor responsible for the personal injuries?” the Laurel woman asked at Schwartz & Schwartz.
Here’s what legal expert Schwartz & Schwartz said
Not all cats find forever homes. So, it begs the question: Can I sue my neighbor for feeding stray cats?
In the 2017 inquiry, attorney Ben Schwartz responded by stating, “I love cats,” and asked if someone is creating a nuisance by attracting tons of feral cats into a neighborhood where other folks live?
“That does not sound like reasonable behavior to me,” Schwartz said. “When you act unreasonably and cause injury to others, you become exposed to civil liability in a personal injury lawsuit. You can be sued for the damages and injuries that you cause.”
Additionally, the attorney said there are common types of diseases or sicknesses that come from cats. He explained an animal bite might not be a very severe injury.
“You would probably not want to bring a lawsuit against another person for a cat bite,” Schwartz said.
That would cost hundreds or thousands of dollars and several years to wind its way through the court system, the attorney explained.
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If someone gets rabies from one of the stray cats, the person attracting the cats into the neighborhood might be responsible for medical bills that stem from the rabies infection, Schwartz said.
The person attracting lots of cats also might be responsible for the compensation of permanent injury, he added.
Schwartz said cats carry a disease called toxoplasmosis from a parasite. If the cats are feral, they probably don’t have a litter box. And if they’re not kept in the neighbor’s home, the cats are just free roaming around the neighborhood.
That means if you’ve got a garden, and the cats are using the garden as their bathroom, you or your family might be at risk of contracting toxoplasmosis, Schwartz said.
Schwartz said he thinks the individual who is luring in the gang of feral cats could be held responsible in a court of law for any injuries that happen as a result of their activities or actions.
The attorney suggested there might be a way to prevent the lawsuit altogether, stating you can speak with the neighbor and tell them that attracting a gang of stray cats is “potentially exposing us to danger,” he said.
Can you ask the neighbor if there are some ways you can work together to fix the problem?
Schwartz also said people can bring an Abatement of the Nuisance lawsuit in Delaware Chancery Court.
If there’s a neighbor or property owner who’s doing something to create a public nuisance, you can get a court order from the Court of Chancery to direct them to stop whatever they’re doing.
“That might be an avenue that you could pursue if you talk to the neighbor and [they’re] not willing to change his [or her] ways,” Schwartz said.
If you have an interesting story idea, email lifestyle reporter Andre Lamar at alamar@gannett.com. Consider signing up for his weekly newsletter, DO Delaware, at delawareonline.com/newsletters.
This article originally appeared on Delaware News Journal: Is it illegal to feed stray cats in Delaware?