ROANOKE TIMES
Copyright (c) 1996, Roanoke Times
DATE: Wednesday, March 27, 1996 TAG: 9603270026
SECTION: CURRENT PAGE: NRV-1 EDITION: NEW RIVER VALLEY
DATELINE: PULASKI
SOURCE: PAUL DELLINGER STAFF WRITER
The operator of a controversial Draper kennel has accused Pulaski County officials of attacking him because of his religious beliefs and threatened to sue them.
Terry Weaver, organizer and pastor of the Emmanuel Independent Nondenominational Christian Church and operator of Solid Rock Kennels in Draper, told the county Board of Supervisors Monday night that he will reopen the kennels next month in defiance of threatened fines.
Weaver also told the board he should have been contacted to attend last month's board meeting when county veterinarians and others complained of conditions at his kennel.
Supervisor Jerry White said those people had not been on the agenda but had addressed the board during its citizens' time, as they had a right to do and as Weaver was doing Monday.
"If the conditions are as bad as we have been told they are, you really shouldn't be allowed to operate," White said.
"I've got something better than that. I'm opening my kennel April 1," Weaver said. "We have met or exceeded the requirements by law."
"Then you don't have a concern in the world," White said. He told Weaver that there is an appeals process if he disagrees with the potential zoning fines.
Weaver said he was the only one among the more than 20 kennel operators in the county who had been told to provide a site plan. County Administrator Joe Morgan has notified Annette Jenkins, Weaver's fiancee who owns the property where the church and kennel are located, that she could be subject to $250-a-day fines if the kennel reopens without a site plan and zoning review.
Weaver quarantined his kennel voluntarily last month, following a parvo virus outbreak among some of the animals being kept there.
"I welcome each and every one of you to come by and see the kennel," Jenkins said. "I mean, I worked for Social Services for 81/2 years. I wouldn't hurt anything."
Jenkins, fighting back tears, told the board she felt Weaver had been treated unfairly by the community and that people should practice what the Bible says about loving their neighbor.
"It's hard to love a neighbor that's got a messy place," said Supervisor Charles Cook, who said the pile of bags and materials outside the home projects a poor image.
Weaver accused Cook of trying to force everyone to live by his standards. "I've got news for you. I won't live according to your standards or anybody else's," he shouted.
"You're right about that," Cook said.
Weaver told a reporter last week that he plans to file a $40 million civil suit against the county for defamation of character, violation of his civil and religious rights and punitive damages. "We are asking for emotional, mental, psychological and spiritual damages," he said.
If he won any damages, he said, he would donate them to homeless people.
Samuel Swindell, a Blacksburg lawyer, said he is investigating the situation to see if Weaver's kennel is being treated differently because of Weaver's religious beliefs.
Swindell said Weaver may have made some mistakes in the way he initially operated the kennel, but he has now complied with county kennel regulations.
"The most suspicious thing is this is a church-run kennel. It could all be communication [problems] or it could be a case of religious discrimination," he said.
"If we're going to file something, it can't be frivolous. It has to be well-researched," Swindell said. "So we're just in that stage. ... My investigation is not yet complete."
Weaver also said he plans to build a larger, permanent facility for as many as 800 dogs and 700 cats. He showed a reporter copies of plans obtained from the Purina Co. for such a kennel, which he said exceeds state and local requirements.
"We will be building a facility this size," he said.
Weaver had the living room of the Draper home full of packages of Purina dog food, large metal dog cages, boxes of medication, packets of information for people who buy his animals for $30 and other materials. He said people who have accused him of using the dogs to make a profit do not realize how many hundreds of dollars he and Jenkins have spent on these items.
He said the kennel is a ministry, which is why the zoning regulations for commercial operations should not apply to it.
Weaver also had objected to law enforcement officials and private citizens coming onto the kennel property when he was not there. "Our kennel, starting April 1, is not open to the public except by appointment. If you do not have an appointment, you will not be on this property," he said.
Appointments can be made by calling 980-0507 or 1-800-801-3994-7949.
LENGTH: Medium: 88 lines ILLUSTRATION: PHOTO: (headshot) Weaverby CNB