Middletown leaders, volunteers clash as city removes shelters, offers relocation and rehoming plan for Smith Park cats

MIDDLETOWN, Ohio — Middletown city leaders said they removed cat shelters at Smith Park and are working with volunteers to rehome and relocate animals after officials found multiple dead animals in the park’s pond, prompting protests from volunteers and animal‑welfare advocates.

City Manager Ashley Combs told council members that “in a genuine effort to protect the cats and all animals in the park, the city removed the cat shelters from Smith Park.” Combs said staff met repeatedly with volunteers and All Paws Matter (APM) and offered an alternate city property where volunteers could build shelters and continue care, and that the city will reimburse costs from the removal.

Why it matters: Residents said the city’s action interrupted an ongoing community TNR (trap‑neuter‑return) program and put sterilized and vaccinated community cats at risk. Volunteers and veterinarians urged the council to stop forced relocation, restore shelters, and work with existing caregivers. The council and city staff said the removal responded to safety and legal concerns while the police investigation continues.

What happened: Dozens of residents addressed the council during public comment. Cynda Lee, who identified herself as a caretaker for the Smith Park cats, said the city’s enforcement of Middletown Ordinance 10.70.02 conflicted with recent Ohio authority and could expose the city to legal risk. “This means that companion animal protections extend to feral cats, making it potentially illegal to knowingly deprive them of necessary sustenance and shelter,” Lee said, referencing Ohio Revised Code section 959.131 and a 2024 Ohio Supreme Court decision she cited.

Several speakers described ongoing volunteer TNR work. “Relocation is not a solution or a way to control the cat population and is almost never in the cat’s best interest,” Gabrielle McCollum said, calling TNR the humane and effective approach.

Some speakers described the volunteers’ costs and efforts. Lisa Oni said rescues and volunteer transport programs have shouldered vetting costs and estimated $600 per animal as a typical care cost for spay/neuter and basic vetting; Sharon Olinger, a Cincinnati rescue president, urged officials to use local rescue expertise to avoid unnecessary euthanasia of kittens.

City response and investigation: Combs said staff tested the park pond and “found the water to be exceptional” and that evidence from outside testing provided no clear environmental cause for the dead animals. Police Chief Nelson said officers “located a significant amount of deceased animals in the pond,” and investigators have reviewed hours of video and deployed additional cameras. Nelson said lab results received the day of the meeting so far had not identified a cause and the department continues to investigate whether the deaths were environmental or intentional.

Legal guidance: City Law Director Alex Ewing addressed references to Goddard’s Law (Ohio Revised Code section 959.131) during the meeting. He said the Ohio Supreme Court clarified the definition of “companion animal” to include cats, but added that the court decision “does not apply to the ordinances of the city of Middletown with respect to providing food to animals in the park.” He noted that a typical statutory provision prohibiting deprivation of necessary sustenance applies to custodians or caretakers of confined companion animals, which differs from the circumstances of free‑roaming community cats.

Next steps and community reaction: Combs said the city and volunteers agreed at a recent meeting to pursue a rehoming strategy for cats suitable for adoption, and that the city offered a separate city property to house cats that could not be placed, with volunteers allowed to construct shelters there. She also said the city will reimburse the costs volunteers incurred when shelters were removed.

Volunteer leaders welcomed talks but urged faster, transparent, coordinated action. “I need the city to make a public announcement that the volunteers are the ones that are feeding,” All Paws Matter representative Cynda Lee told the council, warning that public feeding by others complicates targeted trapping and TNR efforts.

Council: Members, including Vice Mayor Steve West, said they want a collaborative solution and acknowledged public frustration. West urged volunteers and staff to form a plan and pledged to participate in follow‑up meetings. Several council members encouraged formation of a joint working group to coordinate volunteers, city staff and rescue partners.

The city manager said staff will meet in the coming days with volunteers to develop a short‑term plan and a longer‑term proposal, and council members volunteered to serve as liaisons. Police continue the investigation into the pond deaths and the city said it will monitor Smith Park closely while volunteers carry out rehoming and relocation work.

The city recited the limits of its authority: Combs reminded the public that the council and manager cannot unilaterally suspend an ordinance without following established procedures.

Ending: The council asked staff to return with a plan and timeline at a future meeting and invited volunteers to participate in a staff‑led working group to coordinate TNR, rehoming and any permitted shelter construction on the city property offered as a relocation site.