The heartbreaking death of Peanut the Squirrel—a viral internet sensation—has ignited a fiery legal battle against New York State. Nearly a year after wildlife agents euthanized Peanut and his raccoon companion Fred, their owners filed a $10 million lawsuit, accusing the Department of Environmental Conservation (DEC) of unlawful cruelty. This landmark pet squirrel lawsuit spotlights tensions between animal lovers and state regulations, echoing nationwide debates over exotic pet rights.
What Legal Recourse Exists for Owners of Illegally Kept Pets?
New York law prohibits owning squirrels or raccoons, a fact plaintiffs Mark Longo and Daniela Bittner don’t contest. Instead, their lawsuit targets the DEC’s handling of the animals’ seizure in 2024. According to court documents obtained by the New York Post, agents claimed Peanut and Fred were euthanized after attacking officers. However, subsequent rabies tests came back negative, undermining the state’s safety justification. Legal experts note this case tests governmental accountability under New York’s newly enacted “Peanut’s Law,” which mandates due process before euthanizing seized animals.
Longo and Bittner describe the incident as an “obscene demonstration of government abuse,” arguing alternatives like wildlife sanctuaries were ignored. Their attorney emphasized in filings: “This was a senseless act of violence—not enforcement.” The lawsuit demands $10 million in damages for emotional distress and property loss (the state classifies pets as property). A parallel suit targets Chemung County and 36 DEC staffers personally.
How Peanut’s Death Reshaped New York Wildlife Policy
Peanut’s story spurred immediate legislative action. Within months of public outcry, New York passed “Peanut’s Law” (2024), requiring:
- 72-hour holding periods before euthanasia,
- Mandatory testing for zoonotic diseases,
- Notification to owners for retrieval options.
State Senator John Mannion, who championed the bill, stated, “This law ensures no family suffers such needless loss again” (Albany Times Union, March 2024). Yet, the DEC maintains its agents followed protocol at the time, citing public health risks from wild animals.
The $10M Battle Ahead
Legal analysts highlight hurdles for the plaintiffs. Columbia Law professor Emily Thorsen notes, “Proving emotional damages for illegally owned animals is historically difficult.” However, Peanut’s social media fame—500K+ followers before his death—could establish “unique emotional value.” The DEC declined comment, citing pending litigation.
For Peanut’s heartbroken owners, this fight transcends compensation. “He wasn’t just a squirrel; he was family,” Bittner told reporters. “We’re ensuring no one else’s ‘family’ is ripped away without recourse.” Follow this pivotal case for updates on animal rights and government accountability.
Must Know
Q: Why was Peanut the Squirrel euthanized by New York authorities?
A: DEC agents seized Peanut and raccoon Fred from an Elmira home in 2023, claiming they posed rabies risks after biting officers. Both animals later tested negative for rabies.
Q: What is “Peanut’s Law”?
A: Enacted in 2024, this New York statute bans immediate euthanasia of seized pets. It requires 72-hour holds, disease testing, and owner notifications.
Q: Can you legally sue a state agency over a pet’s death?
A: Yes. Owners argue unlawful seizure and property violation. Precedents exist, but damages depend on proving negligence or malice.
Q: Why seek $10 million in damages?
A: The figure covers emotional distress, loss of companionship, and punitive damages. Viral fame amplified Peanut’s perceived value.
Q: What’s the DEC’s defense?
A: New York bans squirrel/raccoon ownership. The DEC insists agents followed 2023 protocols to protect public health.
Q: Could this lawsuit change exotic pet regulations?
A: Potentially. A win may pressure states to refine seizure protocols or revisit ownership bans.
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