Archive for October 29th, 2012

Obie will stay put for now


An Oregon judge says an obese celebrity dachshund should remain in the custody of his foster mom until the courts can determine his legal owner.

That means Obie — and we’re guessing the 70-pound dog is fine with the interim ruling —  will be staying put for now.

At a court hearing today, a judge decided that the dog will stay with Nora Vanatta, a veterinary technician who volunteered to foster him – and put him on a diet — when his owners decided they could no longer care for him.

The court hearing today — and it’s just a first step — resulted from a lawsuit filed by Oregon Dachshund Rescue owner Jenell Rangan, who claims that, since the foster arrangement was set up through the rescue, the dog is legally her’s.

Rangan’s lawsuit was filed after Obie and his diet garnered some fame — but she has said she filed it because she didn’t feel Obie was being taken care of properly.

“They say I’m exploiting him,” Vanatta told KATU. “They say I’m misusing his funds and they claim he belongs to them.”

She added, “He’s famous and he’s touched so many people and I think they regret not taking him on in the first place,” Vanatta said of the rescue group.

Oregon Daschund Rescue was asking that the dog be turned over to them until ownership is decided, but the judge declined. 

KATU reports that the case will go to arbitration, and could still possibly result in a trial.

Vanatta says Obie has lost 15 pounds in the last two months.

She’s collected thousands of dollars in donations for Obie from supporters, and said the money is being used for his care.

(Photo: KATU)

Barbaric? British talk show host questions Cesar Millan about beating and kicking dogs

A British talk show host – while he was quite genteel about it, at least from an American perspective — threw some hard questions at Cesar Millan last week.

Alan Titchmarsh, a UK afternoon talk show host, politely accused Millan of using old-fashioned and inhumane techniques that include punching, kicking and using shock collars on dogs.

“You punish dogs, you hit them,” Titchmarsh said. “I’ve seen you punch a dog in the throat to get it to behave and to most people, like myself, I would say that is totally unacceptable as a way of training a dog.”

“Well obviously I would respectfully disagree with that,” Millan replied. “It’s not a punch, it’s a touch.”

The “Dog Whisperer” — appearing just slightly uncomfortable at some points — responded calmly, asserting that he never punches dogs, but only touches them to redirect negative behavior.

Millan, while some in America are critical of his methods, is even more controversial in the UK, where many, including the RSPCA, view his techniques as unacceptable.

“Adverse training techniques which have been seen to be used by Cesar Millan can cause pain and fear for dogs and may worsen their behavioral problems,” the RSPCA said in a statement read on the air. “The RSPCA believes that using such techniques is unacceptable, nor are they necessary to change dog behavior for the better when other dog trainers use reward-based methods to train dogs very effectively.”

Prior to the interview, the network was flooded with complaints — mostly from social media users who felt Millan’s methods are cruel to animals.

“We’ve never had so many complaints about a guest,” Titchmarsh told Millan.

More than 1,000 people joined a Twitter campaign calling for the appearance be cancelled, and a Facebook page set up by protesters attracted 1,600 followers. Animal welfare activists threatened to disrupt the show, leading to extra security staff being called in.

After the appearance, critics and supporters of Millan continued to go after each other on various Internet forums, including YouTube, where comments grew so heated they were removed and shut down.

A dog is not a couch: California appeals court rules pets are more than mere property

The outdated legal view of dogs as easily-replaceable “property” — worth no more than you paid for them — is slowly beginning to catch up with the times.

The latest indication of a change in judicial thinking came last week when California’s Second District Court of Appeals ruled that pets are fundamentally different than other forms of property. 

“Given . . . the reality that animals are living creatures, the usual standard of recovery for damaged personal property — market value — is inadequate when applied to injured pets,” Justice Kathryn Doi Todd wrote in her opinion.

She added, “Animals are special, sentient beings, (and) unlike other forms of property, animals feel pain, suffer and die.”

The Court of Appeals ruling came in the consolidated cases of two pet owners — one whose dog was shot by a neighbor, and one whose dog was injured by veterinary negligence. Lower courts had ruled they were entitled to no more than the market value of their pets.

 The appeals court decision reversed both cases. The new ruling permits owners of wrongfully injured pets to recover the “reasonable and necessary costs” of treating and caring for an injured animal, according to the Animal Legal Defense Fund (ALDF), which had filed amicus briefs in the case.

The first case involved a German Shepherd named Gunner, who was shot by a neighbor and whose leg had to be amputated, costing his family more than $20,000. The second case involved a Golden Retriever named Katie, whose intestine was nicked during a surgical procedure. The vet also left a piece of gauze in her body. The errors led to the dog having to receive emergency surgery that cost Katie’s family more than $37,000.

In both cases, the trial court limited the plaintiffs’ recovery to a fraction of what they spent to nurse them back to health — namely, their dogs’ market value.

“This decision is a significant step forward for companion animals and their guardians,” said Matthew Liebman, ALDF senior attorney. “The legal system is finally starting to catch up with how the majority of people feel about the animals with whom they share their lives.”