san antonio – The owners of a North San Antonio pet store say the city unfairly forced investigators from various city agencies into the property earlier this year while executing an administrative search warrant.
The Jan. 30 enforcement action at Forever Pets Inc. in the 1000 block of Basse Road contributed to a tense standoff between the family that owns the store and the city's Danger Assessment and Response Team (DART). Ta.
“I just think it was a waste of the city's money to bring in all these people, and it was. It was a waste of time, a waste of taxpayers' money, it really was,” Vivian said in late 2020. said Vivian Louis, who has been helping her elderly mother, Anne Louis, run the store since her father, Toy Louis, passed away.
Meanwhile, city officials told KSAT that the store had an extensive history of violations and that the family's refusal to comply forced the involvement of the DART department.
Animal Care Services brings store to DART’s attention
“It all started with a little goldfish. When I was 3 years old, my father brought home a little goldfish from a carnival,” Vivian Louis said recently, as she and her shop's representatives He said this in an interview at the law firm where he works.
Toy Louie, a World War II veteran, opened Forever Pets in the early 1980s.
His intricate woodwork is still on display in the store, many years after his death.
His death prompted Ann and Vivian to take on larger roles at the store, and they sought to learn the ins and outs of running the business as they moved forward, according to his family.
This spring, in response to a records request from KSAT, Animal Care Services released more than 500 records, mostly photos, including previous enforcement actions at the store and complaints filed by people claiming to be customers.
One complaint said the pets were living in “terrible conditions,” while photos provided by ACS showed rodent droppings on the floor and piles of bird droppings at the bottom of the cage. , which showed dead seahorses and emaciated or dead bearded dragons.
City records confirm that visits by ACS inspectors to the property have increased regularly since early November.
On Nov. 7, ACS refused to renew the store's commercial license to sell pets and ordered the owner to remove all pets from the store within 30 days, records show.
In addition, Vivian Louie was issued citations for four misdemeanor charges related to animal care and record keeping.
The same day, a plainclothes ACS agent entered the store, purchased a turtle less than 4 inches long, and told store staff it would be his son's pet.
According to ACS records, it is illegal to sell turtles less than 4 inches long unless used for educational purposes.
The ACS record contains the following details about the encounter, including multiple spelling and grammatical errors.
“After bagging the turtle, I walked up to the front counter and paid for the turtle. When I asked if I needed to sign anything, the woman said she forgot. What did I need to do on the sheet? I asked if there was one and the woman said it didn't matter. She said it didn't matter and she didn't care what I called it.”
The investigator provided false information and was allowed to leave the store without showing identification, records state.
“We tried education. We tried voluntary compliance. We came up with a roadmap to get that compliance so we could continue selling, but it all ignored us. ,” Assistant City Attorney Savita Rai said.
The store remained open, but received additional violation notices from city code enforcement in mid-January for plumbing and electrical issues, records show.
That same month, ACS investigators referred the facility to DART, which has carried out enforcement actions at hundreds of facilities in San Antonio since its founding in 2007.
According to past media reports, DART targets residences and other facilities where it appears criminal activity is taking place.
City officials say the property has a history of violations dating back at least two years.
City officials have previously said the force is targeting the worst of the worst properties in San Antonio.
“At DART, it's not just about code violations or criminal activity. It's about the health and safety of animals as well as people,” Lai said.
Tensions rise during DART visit on January 30th
On the morning of January 30th, a magistrate signed an administrative search warrant seeking the location of Forever Pets.
The warrant lists multiple property management violations, a copy of which was released by the city to KSAT earlier this year.
DART investigators then arrived on the property approximately two hours later.
Paul Burgess, a lawyer hired by Louis' family, arrived at the store around 10:40 a.m. and began recording the execution on his cell phone.
Video shows city vehicles from multiple departments lined up in two lines in the store's parking lot.
A marked San Antonio Police Department patrol vehicle was parked alongside vehicles from Animal Care Services, Developmental Services and the Metropolitan Health District.
Once inside the store, footage showed Burgess and Assistant City Attorney Eric Burns, head of the DART division, getting into a heated argument.
“Sorry, sir, you're not going to tell them what to do,” Burns said as Burgess tried to get the departing city worker to identify himself on camera.
Burns then accused Burgess of obstructing DART's investigation multiple times.
“Mr. Burgess, I'm going to ask you another question and then I'm going to ask SAPD to assist you. Please stop and stay out of the way while we conduct the inspection,” Burns said.
“Hey, we need to take that down,” Burgess said on the recording.
“Sir, you don't have to take it down. I'm doing my job and I want you to do your job with respect,” Mr. Burns replied, noting that Mr. Burgess was walking towards the investigator. He suggested using the camera's zoom feature to record investigators taking photos inside the store.
After the two got into an argument over the city not informing his family that DART was coming to the store, Burns accused Burgess of interfering with city business and asked him to move outside.
Once outside, several city employees refused to give their names as Burgess tried to collect their names by recording them on his cell phone.
“You don't have to give it to me. You can open the record and you'll have my information. I don't need it,” a Metro Health employee told Burgess on camera.
Lai said the response from city officials, who he declined to identify, was “probably not the best response,” but that Burgess and his family unnecessarily escalated the enforcement action.
Vivian Louis told KSAT that she counted a total of 37 city employees during the inspection.
“They scared my mother half to death. I was really surprised that so many people were there,” Vivian Louis said.
“We want to create a scene. We want to do that.”
During an appearance before the Building Code Commission in November, Burns explained the role DART is playing in San Antonio.
“When I tell my neighbors about it, they're like, 'Oh my god, what's going on here?'” We want to create a scene. I'd like to We're dealing with one of the worst pieces of real estate,'' Burns said, adding that what happens at DART stays at DART.
“We're not telling anyone what we're doing,” Burns said at the hearing.
But at a Feb. 8 BSB hearing that also included complaints from the Louie family that they were not properly notified of potential violations, Burns downplayed aspects of city officials' heavy-handed enforcement. It seemed like it was.
Mr. Burns at one point said there was no such thing as a DART attack.
City officials declined to make Barnes available for an interview for this article.
“Those aren't raids. I think raid is a sexier word when people talk about raids. It's an inspection,” Rai said.
He acknowledged that while people are often arrested during these inspections, SAPD officers participate in enforcement efforts primarily to ensure the safety of everyone involved.
Like the January 30th enforcement action, the February 8th appeals hearing was also emotional.
Mr. Burns repeatedly interrupted those speaking on behalf of Forever Pets, telling the board that their comments were outside the scope of whether the store provided adequate service.
“Are you going to put this business out of business?” asked a member of the Louis family before Burns interjected.
Ann Louis implored the board not to close the business.
“Please don't make me sell my pet store,” said an emotional Ann Louis.
Vivian Louie told the board that the city failed to physically show her and her mother the list of violations that needed to be corrected.
The board voted to uphold six violations against the project at a Feb. 8 public hearing.
“Schedule inspections with electricians and plumbers. Make sure they understand the industry terminology so they can pinpoint problems and stay in compliance,” Burgess told KSAT. Told.
“How can you tell people to fix something if they don't know exactly what to fix?” Vivian Louis asked during an interview with KSAT.
That day, she showed KSAT several improvements made within the facility, including adding new electrical boxes behind some of the animal enclosures.
What happens next?
In an interview with KSAT, Lai said Forever Pets, which remains open, has the right to appeal the non-renewal of its pet sales license to the ACS commissioner.
But a letter sent to Burgess by another city attorney says there will be no appeals process if the license is denied.
When asked for clarification, a city spokesperson told KSAT, “Although it may not be possible to appeal to the ACS Director at the administrative level, Forever Pets has the right to appeal to civil district court under common law.'' ” he said. Simply put, the owners of Forever Pets can either take the simpler administrative route of revoking the violation and then reapplying to the Commissioner for a seller's permit, or they can take the route of appeal to the district court. . It is our hope that Forever Her Pets simply chooses to reduce violations to ensure a safe and healthy environment for our staff and animals. Then please reapply to the Director. ”
“Not selling animals while they don't have an animal sales license is the first step they need to make sure they really want to comply and want their business to thrive.” Mr. Rai said.
Vivian Louis is scheduled to appear in City Court on April 19 on the summons she was given.
Burgess said the family could file a lawsuit against the city and enforcement would violate due process.
“Widow of a World War II Veteran. This is supposed to be a military town. Veterans and their families should not be treated this way. It's despicable and it's disgusting to see it happen. . All we're left with is they want to shut down a woman-owned, Chinese-American-owned, family-owned business,” Burgess said.
“That is an absurd claim and the city vehemently denies it,” Lai said.
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