OUR BEST FRIENDS

whs-logo

The Sergei Foundation

shelterpet_logo

The Animal Rescue Site

B-more Dog

aldflogo

Pinups for Pitbulls

philadoptables

TFPF_Logo

Mid Atlantic Pug Rescue

Our Pack, Inc.

Maine Coonhound Rescue

Saving Shelter Pets, Inc.

mabb

LD Logo Color

Tag: case

Depp and his wife apologize to Australia

Johnny Depp’s wife totally out-acted her more famous husband, or at least came across as more sincere, in this video apologizing to the Australian government for sneaking their two Yorkshire terriers into the country without declaring them.

In what more than a few think looks like a hostage video, the couple talks about the importance of Australia’s strict biosecurity laws — aimed at preserving the islands diverse plant and animal life.

“When you disrespect Australian law, they will tell you firmly,” Depp somberly — almost sleepily — intones.

“I am truly sorry that Pistol and Boo were not declared,” says his wife, Amber Heard.

Clearly, this recorded apology was part of a deal reached between the couple’s lawyers and the Australian government. Heard was initially charged with smuggling, conviction of which can carry a 10-year prison sentence, but she pleaded guilty yesterday only to knowingly producing a false or misleading document.

In exchange for that, and the apology, she got little more than a slap on the wrist. She received a one-month “good-behavior bond,” which means she would be fined ($1,000 Australian dollars) only if she broke that bond.

The apology was posted to Facebook by Australia Minister of Agriculture Barnaby Joyce, who, after the charges were first filed, suggested that the dogs, if they weren’t “buggered off back to the United States,” might otherwise face being euthanized.

After that, during an appearance on Jimmy Kimmel Live, Depp called Joyce a “weird, sweaty-pated gut man who decided two five- or six-inch teacup terriers would harm the country in some way.”

Quite a contrast with the apology video, yes?

Depp and Heard failed to filed the proper paperwork when they arrived by private jet last year in Australia, where Depp was filming “Pirates of the Caribbean 5.” Normally, arriving dogs face a quarantine period.

After photos of Depp’s dogs going to a groomer in Australia went public, the government began an investigation into how they entered the country.

Joyce told ABC News that he hopes the recorded apology serves as a warning to future travelers to Australia.

“The more widely viewed it is the more we have people who might be unaware of our biosecurity requirements and, as they come into this nation, they say this is one thing that the Australians are red hot about, biosecurity.”

Your dog, too, might be “worthless”

monyaks

It’s bad enough that Barking Hound Village — an upscale day care and boarding facility with locations around Atlanta — is defending itself in Georgia’s Supreme Court by arguing, in part, that a dog that died after being in its care was “worthless.”

What’s even scarier, and more hypocritical, are the organizations that are agreeing with that.

When the case went before the state’s highest court yesterday among the documentation the judges had to consider was a friend of the court brief, filed by the American Kennel Club, the Cat Fanciers’ Association and the American Veterinary Medical Association — all agreeing pets are mere “property” and that courts should award no more than “market value” in cases involving their deaths.

Yes, Barking Hound Village, at least on its website, professes to love your dog — and clearly has no problem charging you $60 a night for said dog to stay in its “presidential suite.”

And yes, veterinarians have no problem with you spending tens of thousands of dollars on your sick dog.

And, for sure, the American Kennel Club is only too happy to see the price of dogs go up, up, up — at least the provably purebred ones whose owners have registered them with the organization.

But your average, paperless pet, in the view of all those “pet-loving” organizations, is worth nothing — at least according to the friend of the court brief.

lolaThe case centers around a dachshund mix named Lola, who was 8 years old when she died of renal failure after her stay at the kennel.

Lola’s owners allege Lola was given medication she wasn’t supposed to receive, and it ultimately led to her death.

Barking Hound Village denies that it is responsible for Lola’s death. And even if it were, its lawyer argue, Lola’s owners should not recover anything more than the dog’s market value — in Lola’s case, since she was adopted from a rescue, exactly zero dollars.

“Their position is that a dog is like a toaster — when you break it, you throw it away and get a new one,” Elizabeth Monyak told the Atlanta Journal-Constitution. “A dog is indeed property under the law, but it’s a different kind of property.”

She and husband Bob Monyak spent $67,000 on veterinary expenses, including regular dialysis treatments for Lola.

Neither are strangers to the courtroom. She works for the state attorney general’s office. He’s also a lawyer, specializing in defending medical malpractice and product liability lawsuits. He argued Lola’s case before the justices on Tuesday.

Both sides have their supporters.

In the brief filed by the AVMA and AKC, the groups argued that considering a pet’s emotional value will lead to exorbitant amounts being awarded to pet owners in wrongful death lawsuits. And that, they all but threaten, would lead to bad things.

“Concerns over expanded liability may cause some services, such as free clinics for spaying and neutering, to close,” the groups said. “Shelters, rescues and other services may no longer afford to take in dogs and other pets … Fewer people will get pets, leaving more pets abandoned in shelters to die.”

The Animal Legal Defense Fund filed a brief in support of the Monyaks. It cited industry studies showing U.S. pet owners spent $58 billion on their animals in 2014, including $4.8 billion on pet grooming and boarding.

“It is hypocritical for these businesses, including (Barking Hound Village), to exploit the value of the human-companion bond, while simultaneously arguing that the same should be unrecoverable when that bond is wrongfully — and even intentionally — severed,” the ALDF said.

The Monyaks boarded Lola and their other dog, Callie, at Barking Hound Village in 2012. At that time, Callie had been prescribed Rimadyl, an anti-inflammatory for arthritis. The Monyaks contend the kennel incorrectly gave the Rimadyl to Lola.

They further allege that Barking Hound Village knew that a medication error had occurred during Lola’s stay, and the kennel covered it up by destroying evidence and withholding critical information.

They seek to recover expenses for Lola’s veterinary treatment as well as for the value Lola had to their family.

Barking Hound Village denies any wrongdoing. It says both dogs were fine when they left the kennel. And attorneys for the kennel said this in court filings:

“The purchase price of the dachshund was zero dollars, the rescue dog never generated revenue and nothing occurred during the Monyaks’ ownership of the dog that would have increased her market value. The mixed-breed dachshund had no special training or unique characteristics other than that of ‘family dog.'”

We hope the Georgia Supreme Court uses the case of Lola to send a message to those who see dogs as mere “property.”

And we’d love to see an answer to this question, from the kennel, from the AVMA and from the AKC:

If our dogs are so “worthless,” how do you explain the fact that you are getting so rich off of them?

(Photos: Top photo by Branden Camp, from the Atlanta Journal-Constitution; photo of Lola provided by Monyak family)

Your Friday flashback: Owner asked that her dog be put down; stronger wills prevailed

Sido in the wind.jpg

When Mary Murphy died in San Francisco 35 years ago, a provision of her will named her dog, Sido — but not as what you might call a beneficiary.

Murphy asked in her will that Sido, an 11-year-old part collie, part sheepdog, be killed.

Murphy didn’t want her dog languishing in a shelter, or ending up as part of a laboratory research project, and she feared that even if she did get adopted, her new family might not be as loving and caring as she had been.

In short, she thought Sido would be better off dead.

It all made for a fascinating little story (with big implications) back in 1980, with the case ending up in court and making it onto the June 17 broadcast of the “CBS Evening News with Walter Cronkite.”

It was animal advocate Richard Avanzino who, after the terms of Murphy’s will became known, took up Sido’s cause, and took in Sido, serving as the dog’s foster parent until things got straightened out in court. At the time, he was head of the San Francisco SPCA.

“There’s no justification for her life to be taken,” Avanzino said at the time. “She’s committed no crime. The only crime that she committed was that she loved totally her master and for that she’s been condemned to die.”

CBS dug up the original news report this week, and reinterviewed Avanzino — soon to retire as head of Maddie’s Fund, the largest dog and cat charity in the world.

Today, Avanzino considers Sido the original poster child for the no-kill movement.

sido2“Sido was just the quintessential champion for animal rescue,” he said. “I’m eternally grateful for the time that I had with her but more importantly for the great role she played in telling America that we can be a no-kill nation.”

“I took Sido into my home realizing that the lawsuit would probably take months to resolve the outcome and Sido joined my family as a foster pet,” Avanzino told CBS News this week from San Francisco.

Avanzino fought in court for Sido’s life, arguing that the dog wasn’t “property.”

At the same time, he and others lobbied state politicians to work on a measure that would save Sido’s life.

A bill was drafted, passed and sent to then-Governor Jerry Brown to consider.

The judge’s ruling came the same day the governor signed the bill.

San Francisco Superior Court Judge Jay Pfotenhauer — whose name, CBS pointed out, translates to Paw-Slapper from German — decided that the killing of pets as personal property no longer had validity and that pets have rights.

Sido was spared, and spent the next five years as a member of Avanzino’s family.

On Sido’s 16th birthday, just hours before the cake was to be cut, Sido had a stroke and was rushed to UC Davis Veterinary School. She died three days later.

Avanzino says he believes Sido’s case served to inspire animal lovers, and help stem the number of euthanizations across the country.

In 1980, 16 million dogs and cats were killed in shelters; today that number is closer to 2.7 million.

(Photos: Courtesy of Richard Avanzino)

Pup-tossing girl won’t be prosecuted

The Bosnian girl seen in a video throwing puppies into a river, and laughing while she did it, will not face any charges, the New York Daily News reports.

The News, citing as sources members of PETA in Europe, said police have dropped the case because the girl — whose identity hasn’t been released — is too young to be prosecuted.

While it was reported that allof the puppies were rescued down river by an old woman who found them along the shore, animal rights activists said they doubted that story was true.

“This is outrageous,” a PETA spokeswoman, Nadja Kutscher, told a German newspaper. “The puppies that the old woman was with were completely different ones to those thrown into the river in the video. The puppies would never have survived.

What the Vick dogs taught humans

In 2007, it was one of the most sickening, disheartening stories of the year — NFL quarterback Michael Vick’s arrest and imprisonment on dogfighting charges. Revelations of what transpired at Bad Newz Kennels showed just how cruel some humans can be.

By 2009, though, the story of Vick’s dogs had become one of the most heartening of the decade. What made the difference? Mainly, the dogs — the pit bulls. For despite what they’d been put through, despite being abused, trained as killers or used as bait, they were — once the decision was made not to euthanize them — amazing the world with their remarkable resiliency.

Saving and rehabilitating the former fighting dogs of Michael Vick was not achieved without a battle, and not without the efforts of a lot of dog-loving, self-sacrificing humans. But the silver lining that eventually shone through the dismal story was provided mainly by the dogs, who showed that, no matter how bad a human messes them up, there’s hope.

Once again, the irrepressible species was teaching us humans a lesson.

Vick’s former pit bulls have gone on to reside in new homes with young children, become cherished pets, serve as therapy dogs and, in many cases, serve as shining examples of what is right with and special about the much-maligned breed.

How all that transpired is rivetingly detailed in a new book by Jim Gorant, “The Lost Dogs: Michael Vick’s Dogs and Their Tale of Rescue and Redemption.”

(For a preview, you can read an article by Gorant in today’s Parade magazine.)

In the book, to be released next month, Gorant expands on his 2008 Sports Illustrated  story on the Vick dogs (the one that featured Baltimore’s own Sweet Jasmine on the cover), recounting how they were rescued from Vick’s estate and how — though euthanasia was routine until then for animals seized from dogfighting operations — they were saved from that fate by an outpouring of public appeals.

The outcry helped lead to a court order that Vick pay nearly a million dollars in “restitution” to the dogs — money used to allow a handful of agencies across the country  to rehabilitate them.

The book recounts the ASPCA-led evaluations of each dog — and how, though there were a few hardened fighters among them, many more were dogs ready to be loved, ready to forgive and try to forget.

In “The Lost Dogs,” we learn more about Johnny Justice, the former Vick dog that participates in Paws for Tales, which lets kids get more comfortable with their reading skills by reading aloud to dogs; about Leo, who now spends three hours a week with cancer patients and troubled teens; and about Sweet Jasmine, who was coming out of her shell while living in Baltimore until she got loose and was hit by a car.

The book lists the outcomes for all 49 of the surviving pit bulls that were seized in April 2007 from Bad Newz Kennels, the Smithfield, Va., dogfighting ring run by Vick, then quarterback of the NFL’s Atlanta Falcons, now — getting a multi-million dollar second chance of his own — a quarterback for the Philadelphia Eagles.

While experts were expecting only 5 percent of Vick’s dogs could be rehabilitated, only two, initially, had to be put down. One was excessively violent and the other was suffering from an irreparable injury. For the rest, though, there was hope, and no small amount of faith — which, more than anything else is what “The Lost Dogs” is about.

Rather than showing aggression, the Vick dogs tended to be  “pancake dogs”— animals so traumatized that they flattened themselves on the ground and trembled when humans neared, much like our friend Mel, the former Vick dog we recently met in our travels through Dallas.

Many more seemed to be dogs with normal temperaments, but who had simply never been socialized.

Accomplishing that fell to the handful of animal welfare organizations that stepped forward, offering to take the Vick dogs in and work to rehabilitate them — among them Baltimore’s Recycled Love, California’s BAD RAP, (Bay Area Doglovers Responsible About Pitbulls), and Best Friends Animal Society in Utah.

As Gorant writes in the Parade magazine article, “… rescuers argued from the start that rather than be condemned as a whole, the dogs should be individually assessed and treated — and this has turned out to be one of the great lessons of the Bad Newz dogs. Generalizations and preconceptions are as unhelpful and counterproductive for pit bulls as they are for people.”

(To read more dog book news and reviews, visit ohmidog’s “Good Dog Reads” page. “The Lost Dogs,” and some of our other favorite dog books, can be purchased at ohmidog’s Amazon Affiliate store.)

Little Lola’s free ride

A couple agrees to care for a friend’s Chihuahua for the weekend.

The dog’s owner doesn’t pick her up when the weekend’s over; in fact, she doesn’t try to reclaim the Chihuahua, named Lola,  for 10 months.

What’s the couple who cared for the dog owed?

According to the Nebraska Court of Appeals — the third court to hear the case — absolutely nothing.

The saga of Lola, a four-pound, black-and-tan Chihuahua, began Aug. 22, 2007, when Heather Linville of Lincoln asked her friends Travis Derr and Natasha Combs to care for her dog for the weekend, according to the Omaha World-Herald. Linville’s new apartment complex didn’t allow dogs, and she explained she needed time to make arrangements for her pet.

When, 10 months later, Linville asked to get Lola back, Derr and Combs said they wanted to keep the dog.

Linville summoned police, and the dog was returned to her, but Derr and Combs filed a small-claims court case, asking to be paid $2,700 for boarding the animal for 320 days.

A Lancaster County judge ruled in favor of Derr and Combs, a decision later upheld by a district judge. But the appeals court overturned the $2,700 judgment in a 3-0 ruling — proving, in my view, three heads aren’t better than one. What Lola’s owner did sounds to me like abandonment, pure and simple.

The court said Derr and Combs did not ask for compensation when they agreed to keep the dog for the weekend. They should have notified Linville if they were no longer willing to keep Lola for free, the panel said. The court said the couple was entitled only to reimbursement for a $152.98 veterinarian’s bill.

Vets confirm first swine flu case in a dog

The first case of a dog contracting swine flu has been confirmed by veterinarians in White Plains, N.Y.

The H1N1 influenza was found in a 13-year-old mixed-breed male who is now recovering, according to the Los Angeles Times.

The virus has previously been been found in other pets, including several cats and ferrets, all of which are suspected to have contracted the disease from their owners or handlers.

These incidents “are not a reason to be concerned,” said Dr. Anne Schuchat, director of the Centers for Disease Control and Prevention’s National Center for Immunization and Respiratory Diseases. “A rare occurrence in other species is not a problem.”

The symptoms of flu in pets are the same as they are in humans: fever, lethargy, runny nose, lack of appetite, coughing and sneezing.