NEW YORK, NY. (THECOUNT) — Mark Longo and Daniela Bittner, caretakers of the late social media sensation Peanut the Squirrel, aka “P’Nut,” have filed a notice of their intention to sue the State of New York. The couple alleges that the euthanasia of Peanut and their raccoon, Fred, was the result of unlawful search and seizure, violations of free speech, and due process infringements.
The controversy began on October 30, 2024, when agents from the New York State Department of Environmental Conservation (NYSDEC) raided Longo and Bittner’s Pine City home. Authorities seized Peanut and Fred, citing concerns over rabies exposure and the legality of keeping wildlife as pets. Despite no evidence of illness, both animals were euthanized, reportedly to facilitate rabies testing. Post-mortem results confirmed neither animal was infected.
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JUSTICE FOR P'NUT AND FRED
WANTED FOR MURD3R: Sean Mahar. Office phone 518-402-8545 pic.twitter.com/GrAXIpRQe1
— RockNRoll Delivery ™ © (@THECOUNTnews) November 2, 2024
Longo and Bittner claim the state acted negligently and recklessly.
They argue the euthanasia of Peanut and Fred violated due process, as the court was not informed of the state’s intent to put the animals down. The couple maintains the animals were legally considered companion pets, not wildlife, a distinction that was overlooked in the court proceedings.
The couple says they were acting in good faith by pursuing Wildlife Rehabilitator licenses and other necessary permits before the raid. They contend that a 10-day quarantine for rabies observation, a standard precaution, would have sufficed in this case. Instead, Longo and Bittner allege Peanut and Fred were “executed” unnecessarily.
The couple has also cited significant financial and emotional losses as a result of the incident.
Peanut, who had over 534,000 followers on Instagram, contributed to the household’s income through partnerships and social media engagement. The lawsuit will seek damages for emotional distress, loss of income, and violations of constitutional rights.
The case has drawn widespread attention, sparking public outrage and political action.
Assemblyman Jake Blumencranz has introduced “Peanut’s Law: Humane Animal Protection Act” in response to the controversy. The proposed legislation would amend state conservation policies to ensure humane treatment of companion animals in similar cases.
Additionally, Supreme Court Justice Neil Gorsuch referenced Peanut’s case in a speech about government overreach, criticizing instances where officials may have acted excessively against private citizens.
Public support for Longo and Bittner has been overwhelming, with many expressing their condolences and demanding accountability.
“Peanut’s Law” has gained traction online, with petitions circulating to prevent future incidents of this nature.
NYSDEC Director Sean Mahar, was the man who authorized the P’Nut & Fred raid, according to social media.
For clarity, reports on the squirrel’s name have varied. While some sources refer to him as “P’Nut,” the official Instagram page identifies him as “Peanut.”
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