10/06/09

Dog Fighting, Free Speech, And The Supreme Court
Horst Hoefinger

sparkle1048850_1254193080The new Supreme Court term started on Monday and there is a very interesting case to keep your eye on, United States v. Stevens.

It’s about Robert Stevens who was found guilty of violating  a statute by selling a commercial video that includes footage of dog fighting.

Here are the details of the case from The Washington Post.

United States v. Stevens

Robert J. Stevens produced videos he says were intended to show owners how to train their pit bulls to ward off predators, such as coyotes, or help in hunting expeditions involving wild boar. As part of his self-styled instructional videos, Stevens included footage — admittedly gruesome — of some of these endeavors gone terribly wrong, including one passage that showed a pit bull mauling a hog. The federal government charged Stevens with violating a statute that prohibits the sale or possession of material that depicts a live animal being maimed, tortured, injured or killed. The statute in question was passed during the Clinton administration, presumably to combat the proliferation of videos showing high-heeled women crushing small animals for the prurient enjoyment of viewers. Yet during the past decade, it has been invoked only three times in prosecutions involving those involved in some way with dog fighting.

Stevens was convicted of selling videos of dogs fighting each other and attacking other animals.  The law includes a provision stipulating that those who produce “serious” material with a journalistic or educational bent are exempt from prosecution. It is now up to the Supreme Court to decide whether the law passes constitutional muster or whether it violates the First Amendment by prohibiting speech that may be offensive but perfectly legal. Read the rest of this entry »

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09/23/09

$20,000 Dog Fight
Horst Hoefinger

20090922_inq_jdexter22z-aThis isn’t your usual dog fight, it’s a couple who battled it out in court for the custody of their pup.  Eric Dare and Doreen Houseman both thought they deserved custody of Dexter the pug,  so they ended up in front of a judge (twice) to determine the outcome.

Dare thought he deserved Dexter because he was the one who bought him, while Houseman felt since she took care of him when he was sick and dressed him for holidays she should get custody. They both proclaimed their love for Dexter.

In 2007 the case was heard in court for the first time in front of Judge Tomasello, at that time Dexter was awarded to Dare. According to the judge it came down to simple possession, Dexter is considered an object, property.  Houseman was not alright with that and has spent at least $20,000 since then fighting to get Dexter back.

Dissatisfied with the outcome Houseman’s lawyer got the case to go before a  three-judge appeals panel for review of the decision.

Here are details of the appeals case from the Philly.com News.

“Dogs are chairs. They’re furniture,” Tomasello said, explaining that they are just one of many objects to be divided in a breakup.

But Houseman wanted Dexter, not cold cash. Her lawyer, Gina Colagero, took the case to a three-judge appeals panel that concluded Tomasello had failed to consider Dexter’s “subjective value.”

Read the rest of this entry »

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09/23/09

Wisconsin Dog Breeder Bill
Horst Hoefinger

821846_1223252047It amazes me that all states do not have laws to regulate dog breeders, but they don’t. Wisconsin is one of the states with no such law, on Wednesday a hearing is scheduled to introduce a bill to change that.

There have been efforts over the last few years to try and get legislation but so far it has failed.  Due to concerns over cost along with opposition from groups who worry about unintended consequences and the effect on good breeders. Not sure exactly what they mean when they say unintended consequences, for who?

Here are the details from the Chicago Tribune.

State Department of Agriculture, Trade and Consumer Protection spokeswoman Donna Gilson says Wisconsin has become a magnet for breeders because it has no regulations.

Read the rest of this entry »

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09/18/09

Woman In Serious Poo For Breaking Pooper Scooper Law
Horst Hoefinger

*Sep 15 - 00:05*A pregnant woman in Maspeth, NY  let her dog out to relieve herself and sat on the front stoop before picking it up.  Keep in mind she is nine days overdue, which would lead me to believe bending down to pick up poo cannot be an easy feat. Bending down to pick up anything can’t be easy.

A Sanitation Department agent saw that she didn’t pick up after her dog and slapped her with a summons. She told the agent that she had just been sitting on the front stoop for a minute before getting up to go get a tissue to clean it up.

Here are the details from the NY Daily News.

She was approached by the officer about 10:30 a.m., minutes after her black mutt, Kimmy, pooped on a grassy patch in front of her father’s house, where she lives. Fernbacker was waiting for a ride to school.

“I told [the agent] I was going inside to get a tissue,” she said. “And he told me it didn’t matter.”

Read the rest of this entry »

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08/28/09

New Dog Law In Pennsylvania
Horst Hoefinger

Good news coming out of Pennsylvania,  a new dog law was passed. The budget may still not be agreed upon but House Bill 39 was.

Angelique Gonzalez from  Your4State.com reports on the passing of the new bill.

Gov. Ed Rendell (D-PA) signed legislation making it illegal for anyone but a licensed veterinarian to perform certain medical procedures — like cropping a dogs ears or docking their tail.

House Bill 39 also makes it a third degree felony to steal an animal for the purpose of using it in dog fights.

“Until now these cruel practices could be carried out by dog owners without proper training and without the supervision of a licensed vet causing long term injury, pain, suffering and in some cases even death,” said Gov. Rendell.

Pennsylvania has a notorious reputation as being the “puppy mill capital of the east.”  In October 2008 a law to make puppy mills more humane was passed, but there is still a long way to go.

On September 19th Read the rest of this entry »

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07/22/09

Help Stop The Gassing Of Dogs In New York
Horst Hoefinger

This petition only has a little over 700 signatures, let’s see what we can do to get that to a respectable number.

One that will make the New York Senators stand up and take notice.

There is a petition here to ban the gassing of dogs, cats & wildlife in New York and also VERY important is that no animal can be sold to a research or any other facility by the shelter. This means that those people who collect dogs and cats from shelters and sell for research will have to pay the adoption fee to get them from and their profit will be gone.

This also means that dogs and cats that have to be killed will be done so with compassion and peacefulness. Not scared and afraid.

http://www.thepetitionsite.com/1/Support-Ban-of-Gas-Chambers-in-New-York-State-Animal-Shelters

PLEASE PLEASE SIGN THIS PETITION AND WRITE TO THE LAZY SENATORS OF NY (WHO HAVE DONE NOTHING FOR THE LAST MONTH AND YET WE PAY THEM) AND TELL THEM THAT WE THE PEOPLE OF NY DEMAND THAT THEY PASS THIS BILL.

Thanks
Jennifer Fedele
Best Friends NY Ambassador
Pit Bull Rescuer and Advocate
Pitty Love Rescue

You do not need to reside in New York to sign the petition.

* Pic of Buddah from Pitty Love Rescue
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07/16/09

Bark-Off
Horst Hoefinger

A woman in Phoenix, AZ. has been fined $940 and sentenced to three years probation for her barking dogs.

Reness Maurer’s neighbors had filed a petition earlier in the year to have her prosecuted for allowing her dogs to bark non-stop over three years.

Municipal Court Judge Cynthia Certa told Maurer that she is not required to report to a probation officer, and the $940 will be reduced to $296 if the terms of her probation are completed successfully after the three years.

Other conditions of the probation included keeping Corky and Koo-Boosh, Maurer’s two dogs, inside when she leaves, and putting bark collars on the dogs if they are outside for longer than 15 minutes.

Maurer said she was disappointed about the sentencing and about her neighbors.

“I feel ostracized in my own community,” said Maurer, adding that neighborhood relations will now be “extremely awkward and uncomfortable.”

I realize how annoying incessant barking can be, it’s happened before in our neighborhood. After a while it can start to drive you a bit nutty. Maurer has two small dogs that are obviously not outside dogs, she should not be leaving them there for hours on end.  As a pet owner she needs to take responsibility for her dogs and deal with the problem.

However, the real reason I posted this wasn’t because of the barking issue but because of the penalty. Read the rest of this entry »

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07/09/09

Pet Trust Bill Signed Into Law
Horst Hoefinger

In April we had a contest to win a copy of The Pet Plan and Pet Trust Guide.  It’s a “how to” legal plan for your pet’s future security incorporating the newest and latest laws to secure your pets future well being.

I was just reminded of the book when I came across an article about a pet trust fund bill being signed into law in Connecticut, making it the 41st state to pass a pet trust law.

ARTFORD, Conn., July 8 (UPI) — Connecticut Gov. M. Jodi Rell has signed a bill to allow residents to set up living trusts with their pets as the beneficiaries.

The law, which was sponsored by state Sen. Toni Boucher, R-Ridgefield, state Rep. Russ Morin, D-Wethersfield, and state Rep. John Hetherington, R-New Canaan and Wilton, requires the trust funds to be used solely for the care of the beneficiary pets and can be used to care for a pet before the death of its owner if the human is no longer able to care for the animal, The Connecticut Post reported Wednesday.

Read the rest of this entry »

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06/08/09

Help Me Help Ella, I Need You!
Horst Hoefinger

On Friday I posted the horrific story about Ella, the young German Shepherd who was left in a locked cage to starve to death after her owner moved out.

Christine Abrams, the woman responsible, was convicted of a misdemeanor and sentenced to 12 months probation, a $5,000 fine, and 80 hours of community service. Out of the 12 months she was supposed to serve eight in jail, she only served about six.

Abrams who was just released  is currently appealing the case, post-conviction, on grounds that the police searched her house illegally. It is speculated she is appealing to get out of the imposed court fines and probation.

While it’s too late to do anything to save Ella it isn’t too late to change the outcome of future cases. We need to join together to help get Florida law changed, making animal cruelty a felony. Death by starvation is a horrible way to go, this should never have been allowed to happen and the person responsible got away with murder as far as I’m concerned.

In some states animal cruelty has been changed to a felony, but not all, which is a travesty of justice. Read the rest of this entry »

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04/23/09

Washington Cracks Down On Puppy Mills
Horst Hoefinger

Washington had no statewide laws to crack down on puppy mills, things are about to change. The impetus behind a new bill was the discovery of horrific conditions in local puppy mills that were raided in January.

State lawmakers corrected this oversight with a strong bill passed by the Legislature this week. The bill prohibits breeders from possessing more than 50 non-neutered dogs older than 6 months at one time. It sets standards for kennel size, exercise and sanitary conditions.

The bill’s language is a clarion call for basic humane treatment of dogs. Breeders will have to provide clean food and water, keep cages clean and allow dogs to leave their cages for at least an hour a day. Violators could be charged with a gross misdemeanor.

Commercial dog breeding requires standards and state oversight to monitor against unsanitary conditions and to protect consumers from the sale of sick and dying animals. There are environmental and public-health reasons to regulate these businesses, including the potential for soil and groundwater contamination and the spread of infectious diseases by poorly cared-for animals.

This is great news, but it’s sad there need to be laws so that these animals are humanely treated, you would hope that’s a given. The legislation now goes to the desk of Gov. Chris Gregoire, where it should be quickly signed into law.

*ADOPTABLE: Beautiful Lilly needs a home, she’s currently be fostered near Glen Ellyn, IL
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