Remember that California man who was shot with a stun gun by a National Park Service ranger who stopped him for walking his dogs off leash?
Gary Hesterberg may not have been entirely in the right when he sassed the park ranger and refused to give her his name, but the ranger was definitely in the wrong when she zapped him with her stun gun when he tried to leave the scene, a federal judge has ruled.
Judge Jacqueline Scott Corley ruled that Ranger Sarah Cavallaro used unlawful and unreasonable force, and she awarded Hesterberg $50,000 in damages for physical and mental suffering, the San Francisco Chronicle reports.
The incident unfolded on the afternoon of Jan. 29, 2012, when Hesterberg, 50, of Montara took his two dogs on a hike in the Rancho Corral de Tierra open space. Both dogs — a beagle named Jack and a rat terrier named JoJo — had been there many times before, and often walked unleashed.
While the Rancho had always had rules that dogs be kept on-leash, they’d never been too heavily enforced.
But when the land was acquired by the Golden Gate National Recreation Area, the park service made plans to change that, and ranger Cavallaro had been assigned to start spreading the word that day that stricter enforcement was coming.
When Cavallaro stopped Hesterberg to talk to him about the new rules, the conversation grew heated. Hesterberg said in court that he gave the ranger a fake last name because he didn’t “want to be placed on some offending dog walker … list.”
Hesterberg questioned Cavallaro’s authority and told the ranger he was leaving. She pointed her stun gun at him and told him to stay put.
When Hesterburg turned to leave. Cavallaro fired, hitting him in the back and buttocks. He was arrested on suspicion of failing to obey a lawful order, keeping dogs off-leash and providing false information, but San Mateo County prosecutors declined to file charges.
In her ruling, the judge found that Hesterberg, though uncooperative, never posed an immediate threat to Cavallaro, and that the circumstances didn’t justify the ranger’s use of force.
(Photo: San Francisco Chronicle)
Posted by John Woestendiek October 13th, 2014 under Muttsblog.
Tags: california, dog walking, federal, force, gary hesterberg, golden gate national recreation area, hiking, judge, law, law enforcement, leashed, national park service, park ranger, parks, rancho corral de tierra, shot, stun gun, unleashed, unreasonable
In the annals of Gotham’s crimefighting superheroes, Abby Weissman might not go down as one of the all-time greatest.
But at least he will be noted for capturing a dog pooping on camera and, far more important, that doggie’s caretaker not picking it up.
Faster than a speeding bullet, he posted it on Facebook:
In the post, Weissman fires a first blow in his quest for justice, and calls upon others to join in fighting the scourge of canine caretakers who don’t pick up after their charges — by submitting photos and videos of scofflaws caught in the act to his block association’s Facebook page.
Weissman is president of the South Oxford Street Block Association in New York’s Fort Greene neighborhood.
The association started a “Dog Walkers Hall of Shame” campaign July 30, after his home security camera captured a dog walker, busy with her cell phone, walking away from the mess the dog had just deposited on the sidewalk in front of his house.
Weissman hopes a little public humiliation will be more effective than the seldom enforced “pooper scooper” law, and its $250 fines.
Since 2013, 63 “pooper scooper” violations have been issued in Brooklyn, DNAInfo reports. An officer must witness the incident to issue a summons, according to the Department of Sanitation.
Weissman, like any good superhero, seemed to take a great deal of pride in catching the scofflaw, at least on video. “We always wanted a photo or video or someone actually letting their dog shit and purposefully leaving it there. Here it is, thanks to Dropcam.”
I’m all for owners taking responsibility for what their dogs drop, and all for laws enforcing that. And I’m fine with fines.
I’m just not so sure we have to view it all in terms of a “war,” and I question whether all the high tech weapons being seized upon — like hidden cameras, and sending dog poop to laboratories to see if its DNA can be matched to a particular dog — are a bit of an over-reaction, better used on terrorists than people who don’t pick up dog poop.
I have a problem with public “shaming,” too — whether it’s being used on deadbeat dads, the customers of prostitutes, or those who fail to pick up dog waste. It reminds me of those stocks and pillories we used to punish wrongdoers in colonial times. I’d like to think we’ve become a little more civilized since then. And I’d like to think we’re smart enough to realize people who engage in shameful behavior often don’t have a huge sense of shame in the first place.
Most of all I’m puzzled about how we let something with such a simple solution become so huge, and gobble up so much time, money and technology. How much is being wasted sending dog waste through the mail for analysis in laboratories? How many hours did Weissman spend watching video to pinpoint the culprit who pooped in front of his house?
Sometimes I think our species is prone to escalating anything that can possibly escalated.
Perhaps a psychologist could explain that to me.
In the meantime, can’t we all just pick it up?
Posted by John Woestendiek August 13th, 2014 under Muttsblog, videos.
Tags: animals, association, block, brooklyn, cameras, cams, dna, dog, dog walker, dog walkers hall of shame, dogs, dogwalker, dropcam, escalation, facebook, fight, fort greene, hall of shame, humiliation, law, new york, pets, poop, pooping, public, responsibility, scoop, scooper, security, shamed, shaming, shit, sidewalk, solutions, south oxford street, technology, testing, war, waste
A 19-year-old survivor of the Boston Marathon bombing was told her service dog was not allowed to walk the aisles of a TJ Maxx in New Hampshire.
Sydney Corcoran says she was shopping at the store in Nashua when a store manager said her service dog needed to be placed in a store-supplied “carriage” or leave the store.
Corcoran suffered shrapnel wounds in the bombing and her mother, Celeste, lost both legs. Sydney Corcoran got Koda, her service dog, to help her deal with post-trauamatic stress disorder.
“He’s crucial to my everyday life now,” she told WCVB.
Last Thursday, Koda was wearing his service dog vest when a manager approached and said, “If you want to keep your dog in the store, you have to put him in the carriage.” Sydney said she informed the manager that Koda is a service dog and that he wouldn’t be able to fit comfortably in the carriage. The manager, she said, told her the carriage was a new policy, and that she was required to comply.
“She said, ‘I’m sorry.’ And I said, ‘That’s not good enough. You should have known,’” Celeste said. “You just made someone with an emotional disorder so much worse.”
She added, “There are so many people with invisible, silent injuries — and the public needs to be aware that their service animals are sometimes their lifeline.”
TJ Maxx said in a statement: “We are taking this customer matter very seriously. Customers with disabilities who are accompanied by their service animals are welcome in our stores at any time.
“We have looked into the particulars regarding this customer’s experience and deeply regret that our procedures were not appropriately followed in this instance. We are taking actions which we believe are appropriate, including working with our stores to reinforce the acceptance of service animals.”
(Photos: Top, Sydney and Celeste Corcoran with Koda, WCVB; bottom, Celeste and Sydney in this year’s Boston Marathon, Reuters)
Posted by John Woestendiek July 14th, 2014 under Muttsblog.
Tags: americans with disabilities, apology, bomb, boston, boston marathon bombing, celeste corcoran, disabilities, federal, koda, law, marathon, new hampshire, post traumatic stress disorder, service dog, store, survivor, sydney corcoran, tj maxx
You’d think a big hotel-motel chain would know and share the rules when it comes to service dogs — even one whose inns are “individually owned and operated.”
By federal law, service dogs are allowed. No ifs, ands or buts.
But a Best Western in Baton Rouge, citing its policy prohibiting dogs, recently denied reservations to a North Carolina family whose golden retriever serves as an epilepsy alert dog to their 13-year-old son, Beau.
Chip goes everywhere with Beau, who has a rare type of epilepsy called Landau-Kleffner Syndrome. “Chip alerts us to when Beau is having a seizure,” Beau’s mother, Karen Vaughn, told KPLC.
But after Vaughn made an online reservation at a Best Western in Baton Rouge, pointing out that service dog Chip would be among their party, the motel notified her that the reservation was being refused because the inn doesn’t allow dogs.
Vaughn, who is an attorney specializing in the rights of children with special needs, said that after she raised a stink the corporate office called back, a week later, saying they would honor the reservation. She said no thanks.
Normally, we would say sue the pants off the motel’s individual owner, and sue the pants off Best Western corporate honchos, too.
But Best Western has an unusual corporate structure — one they’ve argued doesn’t comprise a profit-making corporation, but is more of a cooperative. All hotels are individually owned and operated, and Best Western, from its headquarters in Phoenix, provides only reservations, marketing, brand identity and support services.
Individual owners of Best Western inns are allowed to make their own rules — but not rules that violate federal laws, such as the Americans with Disabilities Act.
A Best Western spokesman told ohmidog! that the Baton Rouge motel has been temporarily banned from representing itself as a Best Western hotel.
“Best Western International has restricted the hotel on our reservations systems and we have required the hotel to stop representing itself as a Best Western branded hotel (cover or remove all Best Western signs and logos) until its representatives attend a hearing at our corporate headquarters at which their future association with Best Western will be decided,” he said.
“Best Western International requires each independently owned and operated hotel to comply with all federal, state and local laws and standards, including the Americans with Disabilities Act (ADA). We provide extensive training to ensure our hotels understand and address the needs of guests with special needs. When this matter came to our attention, we immediately provided direction to the hotel and a reservation was offered to the family.
“We deeply regret the matter and we will continue to proactively communicate ADA requirements and training to Best Western branded hotels to ensure all guests are treated with the utmost dignity and respect.”
Best Western’s website boasts about their 1,600 pet-friendly locations.
Posted by John Woestendiek June 26th, 2014 under Muttsblog, videos.
Tags: alert, americans with disabilities act, animals, baton rouge, best western, branding, cesar millan, corporate, corporation, denied, disability, dogs, epilepsy, federal, headquarters, hotels, law, lodging, louisiana, marketing, motels, pets, reservation, responsibility, service, service dogs, travel
Or maybe even a life-saver, which is how his partner, Officer Jeff Dorn, referred to him while recuperating in a hospital from two gunshot wounds fired by the same burglary suspect who fatally gunned down Mick.
But according, at least, to an Oregon Court of Appeals decision — issued the very same day Mick died while trying to apprehend the fleeing, gun-firing suspect – Mick, being a dog, was merely “property.”
The court ruling wasn’t about Mick — instead it stemmed from an abuse case — but the timing and juxtaposition of the two stories serve to make a point that society, and lawmakers, and law enforcers, and courts, ought to start heeding.
Dogs aren’t toasters.
Mick joined the Portland Police Bureau K-9 Unit in March. After only a few days on the job, police, he captured three suspects within a 10-hour period. On Wednesday, he was with Dorn, chasing down a fleeing burglary suspect, when he was shot.
“Officer Dorn would like the community to know that ‘Mick saved my life,’ ” Portland police Sgt. Pete Simpson said in a press release.
“The dog was doing its job. He was out there protecting our community, and it’s tragic that we lost the dog,” said Portland Police Chief Mike Reese.
After Mick’s body was recovered, a procession of police cars followed him to a veterinarian’s office, according to a report in Wednesday’s Oregonian, but it was too late.
On the same day Mick died, the Oregon Court of Appeals issued a ruling declaring — in line with what all the law books say — that dogs are “property.”
As such, the three-judge panel ruled, dogs can’t be seized and examined without a warrant, even if the purpose is to save a dog’s life.
The legal view of dogs as — above all else — property both degrades and endangers man’s best friend, and can make it difficult for animal-cruelty investigators to provide help to beaten, starved or neglected pets.
Changing that age-old view would require throwing away a lot of law books, and it would require judges to finally start showing half the backbone Mick did.
It’s time to make a legal distinction between inanimate ”property” that has no soul, and “property” (if we must call them that) that does have a soul.
The Court of Appeals Wednesday did the opposite, throwing out the conviction of a 28-year-old woman who, based on evidence from a veterinarian who tested and treated the animal without a warrant, was found guilty of starving her dog, the Oregonian reported.
After an informant told the Oregon Humane Society that Amanda L. Newcomb was beating her dog and failing to properly feed it, an animal-cruelty investigator went to Newcomb’s apartment in December 2010 and saw the dog in the yard “in a near emaciated condition.”
Newcomb told the investigator she was out of dog food and that she was going to get some more, but the investigator determined the dog likely needed medical care and brought the dog to a Humane Society vet for an examination.
That exam, according to the appeals court ruling, constituted unreasonable search and seizure of property — namely, Newcomb’s dog.
While the investigator had probable cause to seize the dog without a warrant, the court said, the “search” — i.e. medical exam — of the dog violated Newcomb’s privacy rights because the authorities hadn’t obtained a warrant.
The ruling effectively overturns her conviction on charges of second-degree animal neglect, and the original judge’s orders for her to serve one year of probation and not possess animals for five years.
It could also serve to hamper animal cruelty investigations across the state.
Maybe worst of all, it confirms the foolish concept that dogs — despite their heroics, despite their loyalty, despite their having character traits that we humans can only envy — are, first and foremost, property, a wrongful designation that legally, if not in reality, seems to trump all else.
Posted by John Woestendiek April 18th, 2014 under Muttsblog.
Tags: animals, burglary, chasing, court, courts, dog, dogs, jeff dorn, K-9, k9, killed, law, law enforcement, lawmakers, legal, mick, officer, oregon, pets, police, police dog, portland, property, ruling, suspect
Backers of increased restrictions on dog breeders in North Carolina recorded a conversation with a state Senator who opposes the bill at a meeting earlier this month and, as a result, some Republican leaders say there will be no vote on a proposed puppy mill law this year.
Senate Rules Committee Chairman Tom Apodaca said Sen. Bill Rabon, R-Brunswick, was recorded without his knowledge during a private meeting, and that those who taped him planned to use the recording to “force” senators into passing the bill.
“It is wrong to secretly record private conversations with members of the General Assembly and then threaten to expose those conversations to the media to force legislators to meet specific demands,” Apodaca said. “That is nothing short of political extortion and represents a new low in lobbying for legislative action. To dignify those actions by moving ahead on this issue would set a dangerous precedent while condoning and encouraging these unethical tactics.”
Janie Withers, the community activist who recorded the Jan. 16 meeting with Rabon, said the recording wasn’t a secret. She said she routinely tapes meetings, and that the tape recorder was sitting in plain view to all, including Rabon.
The bill passed the House last year, and has been pushed by both Gov. Pat McCrory and his wife, Ann.
In the recording, Rabon, using more than a few expletives, criticized the McCrorys for publicly supporting the bill.
“It was bullied out of committee by the executive branch,” Rabon (pictured at left) says in the tape recording, obtained by WRAL-TV . “The executive branch had absolutely, absolutely no business sticking its nose in the legislature on that sort of issue.”
He said Ann McCrory’s advocacy, including a visit to the House chamber to watch the May 9 vote, was “against all laws. … There is a strong line between opinion and lobbying. When you pick up the phone and you are in a position of power and call individual legislators and offer advice or praise or this or that, you are, under the law, lobbying, and you must be a registered lobbyist in this state to do that.”
Coming across as a bit of an Alpha dog, Rabon makes it clear that he is against the bill, and that it would be unable to pass without his support.
“That bill is not going to pass,” Rabon, a veterinarian, told the group. “Angels in heaven cannot make that bill pass.”
He said he planned to introduce a “stronger” bill that he said would not negatively impact on hunters and livestock owners: “ … When I do it, it will be done at the right time, and it will pass,” he said. “I’m in the top five members in power in the Senate. The best shot you folks have ever had, you’re talking to.”
Gov. Pat McCrory and his wife, Ann, have both pushed for the legislation, which is designed to set minimum standards for people who keep at least 10 female dogs primarily to breed and sell the offspring as pets. McCrory urged its passage again on Monday.
“Just because someone uses foolish tactics, there is no reason to stop good legislation which needs to be passed here in North Carolina,” McCrory said.
(Top photo: From a 2012 puppy mill raid in NC, courtesy of Humane Society)
Posted by John Woestendiek January 28th, 2014 under Muttsblog.
Tags: animal welfare, animals, ann mccrory, apodaca, bill, bill rabon, breeders, breeding, dog, governor, humane, janie withers, law, legislation, meeting, north carolina, pat mccrory, pets, politics, proposal, puppy mill, rabon, recording, republican, restrictions, secret, senate, senator, tape recording, taped, wral
Nearly three months ago, authorities in Las Vegas dropped an investigation into a man’s complaint that his neighbor was abusing his dog.
Last week, though, that same dog owner was arrested — thanks to the persistent efforts of the neighbor who, after his earlier complaint led nowhere, went on to videotape the man mistreating his dog and than gave the evidence to officials.
Charged with felony cruelty to animals was Roy Cozart, 30, who beat his pit bull, Kilo, with a rock and the handle of a hammer and threw him against a wall, Clark County District Attorney Steve Wolfson announced Friday in a press release.
“Animal abuse is a serious offense that will not be tolerated,” the district attorney said. “We take all allegations of abuse very seriously and pursue criminal charges when appropriate.”
But as KTNV pointed out in a news report, the initial complaint against the neighbor came months ago.
While authorities apparently didn’t see the original complaint as that serious, they now say Kilo was abused multiple times between July 15 and Oct. 13.
The difference, this time, was apparently the video.
Even after that, though, an animal control investigator who later visited Cozart’s home, reported that the dog, though he had cuts and bruises on his face, “appeared happy.”
It wasn’t until a week later that the dog was seized and examined by veterinarians who said they saw signs of abuse. Kilo is now in a foster home and is reported to be doing well, according to the Las Vegas Review-Journal.
“We are thankful the D.A. has taken animal cruelty seriously and has brought the appropriate charges against Roy Cozart,” said Gina Greisen, president of Nevada Voters for Animals. “We are confident that policies and procedures addressing serious allegations of cruelty will improve as more animal cruelty cases are prosecuted under Cooney’s law,” she said.
Cooney’s Law was passed by the Nevada State Legislature in 2011 making animal cruelty a felony. It’s named after a 3-year-old beagle from Reno who was killed when her owner cut her stomach open, thinking that a mouse crawled inside the dog. The owner was charged with a misdemeanor under the law in effect at the time.
Now it’s a felony, punishable by one to five years in prison and a $10,000 fine.
That’s progress, but only if the law is swiftly and strongly enforced.
Posted by John Woestendiek November 6th, 2013 under Muttsblog.
Tags: abuse, animal, animal control, animal welfare, animals, arrest, arrested, cellphone, clark county, cooney's law, district attorney, dog, dogs, enforcement, evidence, felony, investigation, kilo, las vegas, law, misdemeanor, neighbor, nevada, nevada voters for animals, owner, pets, pit bull, steve wolfson, video