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Tag: law

It’s my gun show and I’ll cry if I want to

gunshow

Let’s all join together in a giant boo-hoo for Thomas Allman, who says his health was put at risk when a service dog entered his gun show over the weekend.

Allman kicked out the dog — and the Bronze Star-winning veteran the dog accompanied (that’s them above) — saying the Americans with Disabilities Act (ADA) didn’t apply to them at his gun show. He explained his reasoning this way:

“It doesn’t apply because he’s not setting up at my gun show because we don’t allow dogs in my gun show,” he told Fox 14 News. (Click the link for video.)

The nerve of that veteran! Thinking he could just waltz into a gun show and put everyone else’s health at risk with a dog that helps him cope with injuries he received during his nearly 20 years of service in Iraq.

Did he give any thought that his actions could result in sneezes and stuffy noses among anyone who was allergic (like Allman) as they innocently shopped for new deadly weapons to add to their home arsenals?

Former U.S. Army Sergeant John Williams went to the Tri-State Gun Show at the armory in Evansville on Saturday as a vendor, but he was asked to leave because of his service dog, Winchester.

Williams, appropriately, raised a stink, and called the police, waiting outside for them to arrive and hear his complaint that his rights, under the Americans with Disabilities Act, were being violated.

Winchester was assigned to Williams by the Soldier Dogs for Independence group to help him with mobility.

The president of that group Michael Barrentine, was called to the gun show once he heard what was going on.

“There’s so much irony,” he said. “You have a 21 year veteran of the United States armed forces that’s disabled due to his military service that’s getting kicked out of the armory …”

Williams says he is still contemplating filing charges.

Thomas Allman stages several guns shows a year in Indiana (and whatever other two states comprise the “tri-state” area), allowing folks to show off, buy, sell and trade guns.

Something less than full scrutiny, apparently, is applied to those buying them: “They’ll ask them if they’re a felon or not and all we can do is take their word that they’re not,” Allman once said in a TV interview.

Allman is all for nurturing an environment in which guns can be freely sold and exchanged — something he says is necessary in today’s world.

“What would you do if ISIS came to your door today and you didn’t have any way of protecting yourself? They will come here. They’re coming folks so you better be prepared for them.”

So feel free to bring your guns to the show (unloaded please, he asks). Just don’t bring a dog.

Allman says dogs haven’t been allowed to sit at booths at his shows for the last 20 years. Apparently, he considers it OK for paid guests to bring service dogs, but not vendors (who pay a $50 registration fee).

“You want to come in the gun show and sell your guns, or walk around and look and trade guns with your service dog, we have no problem with that,” Allman said.

Under the ADA, “Allergies and fear of dogs are not valid reasons for denying access or refusing service to people using service animals.”

Allman is allergic to dogs — “I can’t stand to be sick and be put in the hospital” — and apparently gets a little anxious when they are around, as he also does amid talk of laws restricting gun sales.

ftwaynegunshow“Just cause they don’t want one, what’s the right to take anybody else’s away from them?” Allman said in a 2015 interview. “That’s my problem with it and I can’t handle that… This is what we do for a living and have a hobby of doing it and love doing it. It’s freedom. We’re in the United States. It’s freedom.”

Apparently, as he sees it, he’s the one who gets to define freedom. So his shows don’t allow cameras or news media past the entrance, don’t allow service dogs, and insist you don’t enter with a loaded weapon.

(That didn’t stop a visitor, and a drunken one at that, from loading up his .45 caliber handgun after he entered, firing it and injuring a a 72-year-old man and 16-year-old boy during the 2011 show in Evansville.)

We’d suggest that if Allman can’t handle service dogs, he stop holding public gun shows, or hire a representative to oversee them, or take a Zyrtec, or conduct his arms dealing online.

(Photos: At top, Williams and his dog, Winchester, WFIE; at bottom a photo taken at a gun show in Ft. Wayne)

Forsyth County passes tethering ban

tethered

Leaving dogs tied up for extended periods is now, with a few exceptions, flat out illegal in Forsyth County, N.C.

By a 4 to 3 vote, the county commissioners approved a ban on tethering this week, replacing an existing law many considered toothless and unenforceable.

Under the previous version of the ordinance, tethering per se was not illegal, but it could lead to additional penalties in cases of animal cruelty.

Under the new one, tethering is illegal except when it is being used for hunting, camping or other recreation where tethering is required.

Commission Chairman Dave Plyler, Everette Witherspoon, Walter Marshall and Ted Kaplan voted for the ban. Commissioners Richard Linville, Gloria Whisenhunt and Don Martin voted against it.

The vote was met with applause and cheers by animal welfare advocates attending the meeting.

Keith Murphy, Co-founder of Unchain Winston, said, “We’re really happy that it’s finally passed, we’ve been working on it for many many years.”

“When we started this in 2010 there were only 12 communities in North Carolina that had a tethering ban, now, luckily, Forsyth County has become the 26th in North Carolina to have a ban.”

“I started this the first time I was on the animal control advisory board 10 years ago,” said animal-welfare advocate Jennifer Teirney. “The people and animals of Forsyth County won this one. I’m glad to see us move forward in a progressive way.”

The old ordinance, adopted in 2011, didn’t go into effect until 2013, and many felt it didn’t go far enough.

The new ordinance allows for a grace period of one year.

If a resident violates the ordinance during the grace period, a warning ticket will be issued and the violator will receive information on the new ordinance and organizations such as Unchain Forsyth and Unchain Winston.

Those organizations build fences for families who need help unchaining their dogs.The organizations have built about 150 fences and 200 dog houses for residents.

(Photo: Fairfaxcounty.gov)

Woman’s complaint leads to policy change

An animal control officer in Durham declined to free a dog from a hot parked car for about two hours Saturday, despite the pleas of the woman who reported the situation.

As temperatures inside the car climbed to 117 degrees, Jennifer Miller urged the officer to take action, angrily posted pictures on her Facebook page, and pushed ice cubes through the cracked window of the car to the panting pit bull inside.

Miller, of Danville, Virginia, had called animal control Saturday afternoon after seeing the dog in the car, parked at The Streets of Southpoint Mall.

The officer who arrived checked the car, stuck a probe inside to take the temperature, but declined to take any action to remove the dog.

Instead, Miller said, he sat in his air conditioned vehicle and waited for the owners to return.

Miller, who serves on the board of a wildlife rehab center and volunteers with a humane society, said the dog, about six months old, was showing signs of heat stroke, but the animal control officer seemed unswayed by her opinion.

“He (the dog) was panting. His gums had actually already started to turn white,” she said. “It looked like he was kind of foaming at the mouth, that really thick saliva. And he was unsteady.”

The owners of the car, which had Maryland license plates, finally showed up about 4 p.m. The officer filed no charges, but told them to take the dog to a vet to be checked out.

Miller wasn’t satisfied with that ending. She continued to complain about how the incident was handled — and it paid off.

On Monday evening, the Durham County Sheriff’s Office announced a change in policy concerning animals left in vehicles.

Officers will no longer have to wait for animals to show signs of distress.

Under the revised policy, deputies will document the interior and exterior temperatures of a vehicle at least twice, and the deputy will use his or her discretion in determining whether the animal should be removed from the vehicle.

The new policy also allows deputies to decide whether to return the pet to its owner or pursue criminal charges after taking the animal to the local shelter.

“The Durham County Sheriff’s Office appreciates and listens to feedback from concerned citizens,” said the statement from the sheriff’s office statement.

Miller, despite winning a victory of sorts, sounds like she continues to be disturbed by it all.

“It is very clear that they could have charged this person. They did not have to wait two hours to get the dog out,” Miller told ABC11. “But the officers were not listening. They were very rude and belligerent. And it was very sad the dog suffered for two hours at least.”

Dog racing in Arizona is a thing of the past

tgp

Seventy-two years after it opened, Tucson Greyhound Park saw its final dog race Saturday night.

The track’s popularity had been declining for decades, but it wasn’t until Arizona’s legislature passed a bill earlier this year ending dog racing that its demise was sealed.

The park had been struggling since casinos opened in Arizona, offering gamblers a faster form of gratification.

“It’s no mystery,” said Michael Racy, a spokesman and lobbyist for the track for over 20 years. “As more casinos have opened, it’s gotten tougher and tougher.”

Phoenix closed its greyhound track more than seven years ago.

The owners of Tucson Greyhound Park, Joseph Zappala and Philip Robert Consolo Jr. of Florida, are still evaluating what to do with the property, Racy told the Arizona Daily Star.

The 60-acre facility will remain open for now, offering simulcast racing.

Even before the bill was passed, dogs began leaving the facility, most of them going to rescues.

Southern Arizona Greyhound Adoption has taken in about 50 dogs since April, and Arizona Greyhound Rescue has taken in about 20.

Greyhound racing remains legal in five states.

(Photo: Mike Christy / Arizona Daily Star)

NY law will require educational institutions to find homes for dogs used in research

Dogs used in scientific research would need to be considered for adoption before they can be routinely euthanized under legislation passed this week in New York.

The measure — focused on beagles because they are most commonly bred for research use — has been sent to Gov. Andrew Cuomo to be signed into law, WGRZ reports.

The Research Animal Retirement Act — also referred to as the “Beagle Freedom Bill” — would require all educational institutions that use dogs or cats in research to establish adoption programs.

The law would mandate that a veterinarian determine whether a beagle or other animal that is no longer useful to researchers is medically suitable for adoption. If approved for adoption, the animal would then be shipped to a shelter or given to an interested owner.

Similar laws have been passed in Nevada, California, Minnesota, and Connecticut.

“This bill, once it is signed into law, will mean that research animals will have a chance at a second life,” said one sponsor of the legislation, Assemblywoman Linda Rosenthal, D-Manhattan.

“All animals, being freed of their testing responsibilities, should be afforded the opportunity of a loving, forever home to live the remainder of their days,” said another, Sen. Phil Boyle, R-Suffolk County.

The The Beagle Freedom Project — whose work is featured in the video above — has mounted campaigns in several more states to get the law passed.

The New York law requires publicly-funded higher education research facilities to take reasonable steps to provide for the adoption of dogs and cats when they are no longer being used for scientific research.

While federal laws regulate animal research, they do not protect dogs and cats from being euthanized when their services are no longer needed.

Some research facilities, however, have instituted their own adoption programs.

“These dogs and cats deserve to live normal lives as companion animals once their time in the laboratory ends,” said Brian Shapiro, New York state director for The Humane Society of the United States.

“People who have adopted former research dogs and cats can attest to the resilience and affection of these animals once they are given the chance to flourish in a home environment,” he said.

In Spain, owners who don’t pick up after dogs may end up cleaning the streets

madridpoop

Dog owners whose pets soil the streets of Madrid could soon find themselves cleaning those streets.

City officials unveiled their “shock plan” this week, saying those who do not clean up after their dogs in the Spanish capital will have to either pay a fines up to $1,700 — or go to work as street cleaners.

Municipal police will test the scheme in the two city districts where un-scooped dog poop seems to be the biggest problem, according to The Guardian.

Madrid and other Spanish cities have been cracking down on scofflaws for years now.

Last year the city of Tarragona announced it would use DNA analysis of dog droppings to track down owners who fail to clean up after them.

El Vendrell, a small town of 36,000 people in northeastern Spain, has tried setting up a canine toilet along one of its main thoroughfares.

And in the town of Brunete a few years ago, volunteers who spotted scofflaws struck up friendly conversations with them, obtaining enough information for city officials to identify them and send them a package marked “Lost Property.” Inside, they would find … you guessed it.

Madrid has launched repeated public awareness campaigns over the years, aimed at getting a handle on the problem, and it has distributed millions of free poop bags.

But, “there is still excrement in the streets, parks and other places,” the city said. Under the new plan, dog owners will have only one way of avoiding the hefty fine — by performing street cleaning duties for a few days.

The number of hours they are required to put in would be based on the size of the fine, the city says.

(Photo: TNT Magazine via The Guardian)

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)