The organizations Save a Gato y Alley Cat Allieswho defend the permanence of the Paseo del Morro cats, requested the Federal Court to grant them restricted access to the portion that will be closed, for more than a year, due to a restoration project in charge of United States Army Corps of Engineers (USACE, in English).
The motion for a preliminary injunction to the District of Columbia court in Washington, DC, was filed on December 19 to ensure the continuation of the TNR (trap, neuter and return) that SAG has been driving, for two decades, on the path that borders the San Felipe del Morro Castle.
“Plaintiffs have attempted to resolve this matter with Defendants, among other things, through letters, video conferences, and email correspondence. At all times, Plaintiffs have requested only limited access to the Promenade and have expressed their willingness to accept all reasonable restrictions as to time, manner, and location.”reads part of the motion.
Among the restrictions that Save a Gato is willing to accept, according to the appeal, is access to a single representative, for “a few hours a day” outside of construction hours, several times a week and with the supervision “of the defendants’ appropriate personnel.”
The motion is part of a lawsuit – against the National Park Service (NPS) and USACE – in which both animal welfare entities allege that the restoration project to stabilize a cliff in the San Fernando Bastion violates the federal National Environmental Policy Act (NEPA), the NPS Organic Law and the federal Administrative Procedure Act.
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Likewise, the appeal alleges violations of the cat removal plan that the NPS hosted in 2023, as it establishes that the feeders would be removed as the cats surrounding each station were captured. This would be done over a six-month period by an animal welfare organization.
The organizations maintain that, despite the attempts, the defendants “have insisted that the Paseo must remain 100% closed in the construction zone and that no type of access can be allowed.”
The section that will close has three of the six feeders in the Save a Gato TNR program.
On December 22, the defendants filed a motion to extend the dates to respond to the motion for injunction. preliminary. They reported that, since November 6, the intention to close part of Paseo del Morro was indicated, while the so-called “Cliff Project” was being developed.
“On that same date (November 6), defendants invited plaintiff Save a Cat to relocate inaccessible feeders along the remaining portions of the trail that were planned to be kept open to the public.”the federal agencies indicated in their motion.
They also reported that The closure of about half of the trail is not expected, “at the earliest,” until next January 26, “due to various delays in construction and to give the Court more time to resolve the motion.”.
Meanwhile, the animal welfare organizations assured that the remedy they are requesting does not represent “any material damage” to the defendants and would allow “the work on the ‘Cliff Project’ to continue, while making small concessions to allow the plaintiffs to access the Paseo in adequate conditions, including supervised visits outside of construction hours.”
The lawsuit against the NPS and USACE – filed in early December – details that the project could take up to 18 months, which would “endanger the lives and well-being of community cats, causing them direct harm, suffering and an immediate threat to their survival; consequences far worse than those posed by the 2023 (removal) plan.”which already had overwhelming opposition from citizens.”
This legal action adds to the controversy over the NPS plan, which seeks to remove about 200 felines from the Paseo. In March 2024, Alley Cat Allies introduced a demand – which Save a Gato later joined – in which it challenges the plan, alleging violations of the NEPA law and pointing out that the federal agency does not have jurisdiction to regulate the trail.
The removal plan has caused controversy from the beginning, as both animal welfare organizations and residents in Old San Juan They have opposed it, and they made it known in the public discussion process, which began in 2022. Among the arguments against the removal are the public health implications for the San Juan Island community due to the possible presence of rats and in tourism, because cats represent an attraction for visitors.