In recent months, there has been significant discussion regarding the legal challenge to San Diego Humane Society’s (SDHS) Community Cat Program, which involved a four-year lawsuit. The legal technicalities of this case and the volume of misinformed social media posts have made understanding the outcome of this case challenging for many. We are writing to provide clarity to the animal welfare community: The Community Cat Program has been validated as legal in its current form since February 2025, and criteria have been established to support the lawfulness of other community cat programs in California, making them an essential tool for modern sheltering.

We understand that the court’s designation of the plaintiffs as the “prevailing party” for purpose of awarding attorneys’ fees has caused some confusion. The court reached this conclusion because the litigation resulted in limited clarifications to the program’s ownership criteria. Under California’s fee-shifting laws, a plaintiff may be deemed “prevailing” if the case produces any judicially mandated change, even when the core claims are not successful.

Here, although the plaintiffs obtained minor adjustments, the court did in fact uphold the legality of the Community Cat Program and declined to grant the primary relief they sought— namely, to restrict entry into the program to unfriendly, undomesticated cats and declare that releasing friendly, domesticated cats constitutes unlawful abandonment. The court rejected both requests and, in doing so, effectively affirmed that the SDHS program does not constitute abandonment, even when it includes friendly or domesticated cats.

While the court determined that the plaintiffs were the prevailing parties, the required adjustments to the program were minimal and have had little operational impact.

Importantly, the court’s decision represents a meaningful victory for community cats and for animal welfare. The ruling reinforces the protections that enable us to care for free-roaming cats under the SDHS model and ultimately serves the animals at the heart of our mission. In that sense, the true prevailing parties are the thousands of cats we serve through this program every year.

The Facts of the Case

San Diego Humane Society took this case to trial to pave the way for the legality of community cat programs nationwide. The outcomes of the ruling speak to the integrity and success of this lifesaving work:

·   Legal Compliance: The court assessed the Community Cat Program and directed minor adjustments to bring it in alignment with the court’s view of current law. We made those minor changes to our protocols and submitted them to the court before the case was finalized. The court’s final decision affirms the entire program we have been running and protocols we have been following since February 2025. Not only did the court rule that the

program was legal, and did not involve any “abandonment,” but that we can continue to operate it with full legal confidence. Importantly, other shelters and communities engaging in community cat work can consider this decision as they develop their own programs. (The specific ruling applies only to SDHS, but the ultimate approval of the Community Cat Program is a hopeful predictor for the future.) This was a huge win – for SDHS and most importantly, for the cats.

·   Policy Validation: The judge did not order SDHS to stop our Community Cat Program at any time. Additionally, it rejected the plaintiffs’ demand that “friendly” community cats be excluded from the program. At the end of the case, none of the changes significantly altered the program’s existing protocols. In fact, the ruling validated the overall approach, and the only official order from the court was that SDHS keep doing what we have been doing with this program since February 2025. Since then, we have cared for nearly 6,000 community cats whose lives are now better thanks to this program.

·   Reimbursement, not a Fine: Attorneys’ fees were awarded to the plaintiff as reimbursement for their legal costs. This is a function of the litigation process, not a fine or penalty for any violation of law. Under California law, fee-shifting may apply when a court takes action on behalf of a plaintiff. So here, while the court took action, it was on its own initiative. In fact, plaintiffs objected to the court’s ultimate ruling even though they are considered “prevailing.” The court did not grant anything that the plaintiffs asked for, instead directing only minor changes to clarify criteria for admission into the program.

We Have Appealed the Attorneys’ Fees Ruling

In response to the court’s award of attorneys’ fees, we filed an appeal to challenge the determination that plaintiffs qualify as the “prevailing party.” The appeal is limited solely to the issue of attorneys’ fees. Regardless of the outcome on appeal, the core result remains unchanged: the Community Cat Program continues to operate, allowing healthy cats to be returned to their outdoor homes rather than unnecessarily entering the shelter system.

What Changes Were Made

Initially, the court suggested that our original definition of a “community cat” may be too broad. SDHS proactively updated the criteria used to determine cat ownership, and consequently, eligibility for the Community Cat Program, in February 2025. These adjustments ensure the program remains compliant with the court’s view of the law as well as in line with best practices recommended by community cat experts.

The minor changes involved expanding the criteria used to identify a cat as potentially owned or abandoned (vs. a community cat). The changes are highlighted in yellow:

The limited changes described above were the only elements SDHS proactively changed and were done by us before any order from the court. Ironically, our own changes served as the basis for the court’s decision that plaintiffs were the “prevailing party.” These modifications were not requested by the plaintiffs and were in fact opposed by them. The changes did not alter the program’s operations, purpose, or outcomes in any meaningful way.

A Path Forward for Animal Welfare Organizations

To our colleagues across the state and the nation: Do not let misinformation or legal jargon stall your progress.

While the decision is not binding on courts outside San Diego County, it provides important persuasive guidance and demonstrates that a properly structured community cat program can withstand judicial scrutiny under California law. Organizations should carefully review their eligibility criteria, ownership determination protocols and documentation practices in light of the February 2025 modifications adopted by SDHS.

Following this court’s order will not eliminate litigation risk because opponents may sue on baseless grounds, without any scientific support, just as the plaintiffs here did. However, it significantly clarifies the legal landscape and offers a best-practice model and defensible compliance framework for shelters choosing to operate community cat programs.

Community cat programs are the gold standard for managing free-roaming feline populations humanely and effectively. This ruling should be viewed as it truly is: a major victory for the cats, for SDHS, and a legal validation of the work we do every day.

About San Diego Humane Society

San Diego Humane Society is dedicated to creating a more compassionate world by caring for more than 40,000 animals annually and sharing expertise to help shelters nationwide.