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.
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)
Posted by John Woestendiek January 20th, 2016 under Muttsblog.
Tags: akc, american kennel club, american veterinary medical association, animals, arguments, avma, bob monyak, brief, case, cat fanciers, dachshund, dog, dogs, elizabeth monyak, georgia, hypocrisy, law, legal, lola, pets, property, supreme court, value, worth, worthless
The pit bull, named Precious, sat by her owner as firefighters worked to extinguish a fire at their home yesterday, and they say she acted aggressively when they tried to approach the woman.
Eventually, firefighters sprayed the dog with a fire extinguisher, giving them time to get the woman onto a stretcher.
But it’s not the dog’s behavior that’s leading to her banishment; it’s merely the fact that she’s a pit bull.
The fire broke out at the home in Landover Hills early Wednesday morning.
The woman and her father were taken to an area hospital, and both are expected to be OK, according to NBC4 in Washington.
But they won’t be getting Precious back.
“It’s sad. I love that dog,” said the owner’s son.
The county passed a law banning pit bulls nearly 20 years ago.
According to a task force report, the county spends $186 per day per dog to confiscate, maintain and “dispose” of pit bulls — and between $250,000 and $500,000 a year on pit bull related costs.
Precious and two other family dogs are being held in a Prince George’s County animal shelter.
Officials say Precious won’t be put down, and that the family will be given time to find family or friends who live outside Prince George’s County to take the dog, and one of their two other dogs, who is also a pit bull.
If that doesn’t happen, the county will place the dogs with a rescue group or shelter elsewhere.
Posted by John Woestendiek December 3rd, 2015 under Muttsblog.
Tags: animals, ban, bans, breed, dog, dogs, fire, law, loyal, loyalty, maryland, pets, pit bull, pit bulls, pitbull, pitbulls, prince georges county, specific
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.”
Today, Avanzino considers Sido the original poster child for the no-kill movement.
“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)
Posted by John Woestendiek June 19th, 2015 under Muttsblog.
Tags: 1980, animals, case, cbs, court, dog, dogs, dogs as property, euthanize, flashback, history, law, legal, maddie's fund, mary murphy, news, pets, property, put down, report, richard avanzino, ruling, san francisco, san francisco spca, will
Dogs in the state of New York could soon be joining their humans for dinner at restaurants — without it being against the law.
A bill passed by the New York Senate Wednesday — by a 60-0 vote — would change state health law to give restaurants the option of allowing pet owners to bring dogs into outdoor dining areas, the New York Times reported.
The State Assembly is now reviewing its version of the same bill.
Dogs, under the revised law, would have to be accompanied by a diner, and restaurants that decide to allow dog would have to provide an alternate entrance to their patios, so dogs don’t walk through indoor dining areas.
Dogs will have to be on leashes, and would not be allowed into outdoor areas where food is being prepared.
The bills specifically forbid communal water bowls, requiring dogs be served water in disposable containers.
And, in what is sure to be the toughest of the new law’s requirements, restaurant servers would be prohibited from playing with dogs.
The bill is similar to one passed in California last year. As with that one, restaurants remain free to ban dogs from their outside areas if they so choose.
“With a large percentage of New Yorkers being dog owners, many restaurants would like to accommodate their guests and permit canine companions to join them,” said Senate Health Committee Chairman Kemp Hannon (R-Nassau County), a sponsor of the Senate measure.
In the Assembly, Linda B. Rosenthal (D-Manhattan) is the sponsor of the similar bill.
“People consider dogs and other animals to be just another member of the family,” said Rosenthal. “When you sit down to dinner, it’s your husband, your partner, your wife, your kids and your dog.”
“An overwhelming number of New Yorkers who have dogs take them everywhere they go,” she added. “So this is just another option for them to take their animals with them when they dine out.”
(Photo: New York Daily News)
Posted by John Woestendiek May 15th, 2015 under Muttsblog.
Tags: animals, assembly, bill, dining, dining with dogs, dog, dogs, dogs in restaurants, law, legislature, new york, outdoor, patio, pets, restaurants, senate
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