WASHINGTON — It's been nine months since flash flood waters poured into District Dogs along Rhode Island Avenue in Northeast, D.C.
"In some ways, it feels like it's been longer, in some ways it feels like it was last week," said Colleen Costello. Her dog Maple, was one of the 10 dogs who died on August 14, 2023. She and seven other families who lost their dogs that day filed a lawsuit Thursday against District Dogs Inc. and its founder Jacob Hensley.
In the lawsuit, they claim they trusted the day care with their beloved dogs whose deaths they say were foreseeable and preventable.
Costello says she knew the moment she met Maple, that she was special.
"Maple was the first dog that we adopted," she said wiping away tears. "I remember when we went to meet her, she just jumped into my lap. It was like she was choosing us."
"That was supposed to be the dog that my kids grew up with," she told WUSA9.
Maple was one of the 10 dogs trapped in cages, as flood water poured into the doggy day care.
"What was going on in that crate in her last moments? Her last moments were probably full of fear," said Costello, as she fought back tears.
"She was in a crate on the floor. Locked up. So, she didn't have a chance," said Luer Yin and Connor McCarty, in an interview with WUSA9 less than two weeks after her dog Zeni was killed.
The two told WUSA9 they didn't understand why she was locked up at the time because they paid for her to be in a setting that didn't include her being crated.
"I never thought she'd be in the crate there. We paid for this private suite They showed this picture where they all sleep together or in separate in a private suite," said Yin.
"If he had just not locked her up, Zeni would have paddled out of there and saved herself. I am positive. Connor would take her when he would go surfing. There were waves. She wasn't a stranger to that. Unfortunately, after I heard it my stomach just dropped. It was the first time where it made sense," said Yin through tears.
"I think that part, that's been most heartbreaking for us, is that fact that she was caged and not given a chance to fight for herself," said McCarty.
He explained that it made no sense to them that in an emergency situation, the dogs would be locked up.
"It boggles my mind. You think it's an emergency in a building, why would the instinct or protocol be to cage the dogs? Why wouldn't you evacuate the building and get out of danger? Those questions make all the grieving even harder," said McCarty.
The families of Maple, Zeni, Elsa, Josie, Malee, Marcel, Memphis, and Pepper are all listed in the lawsuit.
They address many of the concerns they've had and claim this was preventable. They say the owner was well aware of flooding in the past, yet had no plan in place.
"They had serious safety issues. They didn't look out for our dogs' safety. They didn't do what was best for the pets and honestly, they didn't do what's best for the staff," said Costello.
She and other family members say what made things even worse, was the way they say they were treated in the aftermath.
"One of the other families had a tile tracker on their dog's collar and decided to see if they could find it. So they were tracking it and Jacob texted the family and said I think you're looking for your dog's collar, where can I meet you. He came out of his house and gave it to them," said Costello.
She says she decided to go to his home to try and get Maple's collar, and the blanket she had sent her to the day care with.
She knocked on his door, and when he answered, she said she told him she wanted Maple's stuff.
"He pulled out three paper grocery bags full of harnesses and leashes and collars. I poured all of them out on the sidewalk in front of her house. I said 'Ok I'm gonna find Maple's things' and I took pictures and sent it to the other families," said Costello.
WUSA9 reached out to District Dogs and received the following statement Thursday night:
Since the catastrophic flood on August 14, 2023, we have focused our energies on supporting our heroic staff and loyal clients as the community recovers from the heartbreaking events of that day.
We are aware that certain individuals have initiated legal steps in response.
We believe that this action is without merit and intend to vigorously defend this suit, complete with a full recitation of all efforts undertaken to ensure the safety of this facility, our staff, customers, and the dogs in our care.
The District of Columbia’s Homeland Security and Emergency Management Agency recently completed its “After Action Report,” regarding the Rhode Island Ave Flooding event. Among other things, the “After Action Report” confirmed that District Dogs’ facility was in compliance with District code, complete with appropriate inspections. The magnitude and duration of the storm, according to the “After Action Report,” exceeded the capacity of the District’s sewer system, and would have exceeded the capacity of the newly opened Northeast Boundary Tunnel.
We have no further comments on these matters.
"I feel very confident in the strength of our lawsuit. We wouldn't be here today if we didn't feel there was substance to our lawsuit," said Costello.
She said she hopes this lawsuit sends a message to all businesses, especially dog daycares.
"That they do owe a duty of care to our animals and that they' can't just put profit over safety," she said.
I would love nothing more than to not have to think about this. But, we owe our pets and our children accountability," said Costello.
The families have started a GoFundMe Page to help with legal costs, writing that they plan to donate any of the remaining funds.
"We pledge that 100% of any contribution made here will go directly towards the cost of litigation; any remaining funds will be donated to the DC Humane Rescue Alliance and the shelters and rescue groups from which we adopted our dogs."
At the end of the day, the families say this isn't about money, it's about getting justice.
"We don't want the money. We want our dogs to still be here," said Costello.
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