Minnesota AG sues Mankato couple accused of placing rat poison near sidewalk to deter dogs

MANKATO, Minn. (Valley News Live) - A Mankato couple is facing a lawsuit and a court order after state officials say they placed rat poison blocks along a public sidewalk, apparently to stop dogs from urinating on their lawn.

Minnesota Attorney General Keith Ellison filed the suit Wednesday in Blue Earth County District Court against Donata J. Klingel, also known as Donata Adam, and James R. Adam. The lawsuit was filed on behalf of Minnesota Agriculture Commissioner Thom Peterson.

A judge granted a temporary restraining order on Thursday, requiring the couple to remove the rodenticide from outdoor areas of their property immediately.

What happened

Neighbors first documented rat poison bait blocks near the couple’s front sidewalk on June 26 and June 27, court records show. At least one dog ate the bait, forcing its owner to induce vomiting to prevent serious illness or death.

A Minnesota Department of Agriculture inspector visited the property on June 29. When the inspector tried to explain the purpose of the visit, James Adam said he would not cooperate and that there was “nothing to discuss,” according to court documents. The inspector also observed open rodenticide inside the fence line of the property.

Signs placed in the yard reflected what the court described as an “animus towards dogs,” apparently provoked by dogs urinating on the defendants’ gardens along the public sidewalk.

The law

Federal and state laws require rodenticide bait blocks to be placed inside tamper-resistant bait stations, enclosed containers that allow rodents in while keeping poison away from pets, children, and wildlife. Placing bait blocks in open, outdoor areas without a station violates Environmental Protection Agency labeling requirements and Minnesota law.

Court order

Blue Earth County District Court Judge Andrea J. Lieser signed the temporary restraining order on July 2. Under the order, the defendants must:

• Stop all outdoor use of rodenticides on the property
• Gather all outdoor rodenticide and seal it inside the home
• File a letter with the court within three days certifying compliance
• Allow a Department of Agriculture inspector to examine the exterior of the property with 24 hours’ notice
• Preserve all rodenticide packaging and labels

The state is also seeking a civil penalty of $7,500 for each day of violation. A hearing to convert the temporary restraining order into a temporary injunction is expected to be scheduled after the defendants are formally served.