Clark Kauffman is deputy editor at Iowa Capital Dispatch, where this article first appeared.

The American Society for the Prevention of Cruelty to Animals is suing the federal government over its alleged lax oversight of a major Iowa puppy-mill operator.

The ASPCA filed the lawsuit on September 19 in U.S. District Court for the District of Columbia, naming as defendants the U.S. Department of Agriculture and Michael Watson, who heads the USDA’s Animal and Plant Health Inspection Service. Also named as a defendant is Tom Vilsack, the secretary of agriculture and former governor of Iowa.

The lawsuit alleges that the USDA has violated the federal Animal Welfare Act by repeatedly renewing the license of Steve Kruse, an Iowa-based breeder who operates a large-scale kennel in West Point and has a long history of animal welfare violations.

The ASPCA claims the USDA routinely licenses dog breeders and dealers such as Kruse despite the agency’s direct knowledge of practices that fall far below the standards required by the Animal Welfare Act.

The lawsuit seeks a court order that would force the USDA to void all current licenses issued to Kruse and his associates and prevent the agency from renewing them.

The USDA has yet to file a response to the lawsuit, and did not immediately respond to calls and emails from the Iowa Capital Dispatch.

According to the ASPCA, the USDA’s own inspection reports detail “horrific treatment of breeding dogs kept caged in Kruse’s massive West Point, Iowa operation, which typically holds more than 700 dogs.” The inspectors’ reports document observations related to dogs limping and suffering from open, bleeding wounds; dogs with untreated eye infections or severe dental issues; painful fur matting; and a lack of veterinary care.

The USDA reports also allege Kruse poured hot sauce on one dog’s open wounds keep the dog from licking them, and housed other dogs in cages so small they restricted the animal’s freedom of movement. The dogs also had fecal matter on their coats and in their food bowls, the USDA inspectors alleged.

During one inspection, Kruse was alleged to have thrown a bag of dead puppies at a USDA official—but he has continued to operate his dog-breeding business under USDA licensure.

In addition to licensing Kruse directly, the lawsuit alleges, the USDA has knowingly and unlawfully issued separate licenses for commercial kennels on properties owned by Kruse. Those licensees are stocked with Kruse’s dogs and sell to pet retailers around the country, the lawsuit claims.

Hundreds of Kruse’s dogs allegedly cycle through those businesses every month as part of what the ASPCA calls a puppy-laundering scheme that is intended to conceal the role Kruse plays in supplying puppies to out-of-state retailers. That process allegedly allows Kruse to sell puppies to retailers in jurisdictions that prohibit the sale of dogs sourced from repeat offenders.

As the Iowa Capital Dispatch reported last year, a USDA inspector visited a dog-breeding kennel in the Van Buren County town of Cantril late last year. The business is located on property owned by Kruse, but has been operating under a license held by Wuanita Swedlund.

During the inspection, USDA officials determined a French bulldog named Bethany gave birth to four puppies, three of which were found dead within days. Swedlund allegedly indicated “the puppies must have gotten too cold and passed away,” the inspector reported.

Three other puppies, born to a rottweiler, were also found dead at the kennel, with Swedlund allegedly telling inspectors “they must have gotten too cold and died,” the inspector reported.

Over the last three years, the lawsuit claims, Kruse has had three separate agents working at the Cantril location. One of those individuals ultimately served jail time on animal neglect charges, while the others were cited by the USDA for violations, the lawsuit alleges.

“The USDA’s handling of Steve Kruse is emblematic of the agency’s continued failure to protect dogs in puppy mills, and the agency’s outright refusal to simply do its job,” said Robert Hensley, senior counsel for ASPCA legal advocacy and investigations. “Records obtained by the ASPCA revealed that the USDA is fully aware that Kruse’s agents are acting under the control and direction of Kruse, yet the USDA continues to license these facilities, enabling Kruse to shield himself from all risks and liability when violations of the Animal Welfare Act are discovered at his properties.”

A male Australian Shepherd with significant dental health issues was photographed by USDA inspectors in 2021 at Steve Kruse’s Stonehenge Kennels in West Point, Iowa. (USDA photo courtesy of Bailing Out Benji)

USDA records show that one breeder who operated a puppy mill in connection with Kruse was Daniel Gingerich, who was cited for more than 200 violations of the Animal Welfare Act before the U.S. Department of Justice intervened, took Gingrich to court and negotiated the surrender of more than 500 dogs.

According to a recent ASPCA report analyzing USDA data, federal inspectors last year documented more than 1,000 violations at more than 400 dog breeding facilities, and took action against only four dealers.

The USDA’s licensing of repeat offenders has long been an issue. In 2014, on the same day the federal agency cited Cricket Hollow Zoo of Manchester, Iowa, for eleven violations, it renewed the controversial roadside zoo’s license for one year. It did so despite a federal law that says no license shall be issued to a zoo that fails to comply with minimum standards.

At the time, the agency defended its actions by noting that the law applied only to the initial issuance of a license, arguing that renewals were automatically approved upon payment of a fee.

The zoo was eventually shut down, but only after the Animal Legal Defense Fund, which is a private organization, and a group of Iowans sued the operators in state court.

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Appendix: September 19 court filing in ASPCA’s lawsuit against the USDA over Steve Kruse’s license