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Tag: legal

One very brave piece of “property”

mickNormally, we would call Mick, a Portland, Oregon, police dog killed in the line of duty this week, a hero.

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.

dornandmickAfter 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.

Man who beat, burned and buried two dogs faces no charges yet


No charges have yet to be filed against a California man who beat a German shepherd and Rottweiler to death with a shovel, burned them and buried them in a pit.

And they might not be. The owners of the dogs say they’ve been told what the man did was legal under California law, because he was protecting his chickens.

The two dogs — named Jager and Luke — escaped from their backyard Saturday through a hole in the fence and ended up in a yard four miles away, according to KTVU.

The owner of that home, saying the dogs were trying to attack his chickens, beat them both to death with a shovel, then took them to his workplace and used company equipment to dig a hole. He doused their bodies with gasoline, set them on fire, and later covered them up.

The dog owners, Ellen Barkley and Rocky Osborn, learned what happened when they returned home Sunday and were contacted by Contra Costa County Animal Control Services.

The couple, who rescued the dogs from a shelter two years ago, said they were told state law allows a person to kill dogs who are threatening livestock and poultry.

“It’s how he beat them. By his own admission, he beat them to death with a shovel,” said Osborn. “They had tags. He could have called us. He never did.”

Osborn said the dogs bodies must have burned for hours. All that was left of the animals fit into two small plastic bags.

“I’m blown away. I’m broken. I will never see them again,” said Barkley. “I want the laws to change. This never would have happened.”

A petition to change the state law has been posted at Change.org.

Brentwood police and Contra Costa animal services are investigating the incident.

State Supreme Court to decide Onion’s fate

The Nevada Supreme Court — no stranger to such matters — will decide whether Onion, the Mastiff mix who killed his owner’s grandson on his first birthday, should live or die.

The court will hear arguments — 30 minutes worth, it has specified — on July 3 before deciding whether the city of Henderson should be allowed to kill the dog.

Another option has been offered by the Lexus Project, a New York-based organization that provides legal representation to dogs.

The Lexus Project intervened in the case and wants to gain custody of Onion, then send him to live at a secure sanctuary in Colorado.

The 120-pound mastiff-Rhodesian ridgeback mix killed Jeremiah Eskew-Shahan by biting him on the head the day of his first birthday party. Later that day, the owner turned Onion over to Henderson animal control officers, who planned to kill the dog in accordance with the city’s vicious-dog ordinance.

The city turned down the Lexus Project’s offer to take responsibility for the dog, and has fought its request to be awarded custody. Onion’s former owner now wants Lexus to have the dog, according to the Las Vegas Sun.

The court battle has been going on for a year now.

Last year, Clark County District Court Joanna Kishner ruled the city of Henderson could proceed with the dog’s execution.

The state Supreme Court issued a stay — it’s second in the case — until arguments could be heard.

Those will take place July 3 at 11:30 a.m.

Kansas law student seeks justice for dogs

In a typical animal cruelty case — on those rare occasions they do get to court — you’ll see an attorney representing the people, and another representing a defendant.

But you don’t see one representing the dog.

Katie Barnett, for one, doesn’t think that’s right.

A third-year law student at Kansas University, she’s establishing an animal cruelty prosecution clinic at the school — one she says is the first of its kind.

Barnett, 30, will work with animal control, animal cruelty investigators at the Humane Society, police and prosecutors to ensure that justice is served in cases of animal abuse.

“This is the chance for me to give the animals a voice and a place in the justice system,” Barnett told the Lawrence Journal-World.

Barnett started researching how to put together the clinic two years ago, after some high-profile animal cruelty cases in Lawrence. She did ride-alongs with the police and animal cruelty investigators and followed cases through the court system.

This spring, Barnett will develop a protocol for how future students can assist in the prosecution of such cases.

“I’m doing a trial run to see how everything works,” she said. “I’m getting out all the kinks and really tailoring the position so everyone knows what to do. There’s never been a person to collect everything.”

The program will begin taking in students in the fall 2011.

Barnett was one of three law students awarded The Animal Legal Defense Fund’s (ALDF) Advancement of Animal Law Scholarships last year for their outstanding work in the growing field of animal law.

A graduate of Missouri State University, she has two pit bull mix dogs, including a three-legged rescue named Leonidas. Both are both Delta Society therapy dogs who visit schools, hospitals, and participate in community outreach programs.

Barnett and her husband, Anthony, also run Game Dog Guardian, a local organization that rehabilitates pit bulls and helps find them adoptive homes.

Overdue: Yale law library tries therapy dog

At the Yale University Law Library, you can check out ”Legal Alchemy: The Use and Misuse of Science in the Law.” You can check out “The Supreme Court A to Z: A Ready Reference Encyclopedia.”

Or, you can check out Monty, a terrier mix whose mission, in an experimental program started this month, is to de-stress, during final exam time, the litigators of tomorrow.

You’d think a genius farm like Yale University would have figured out sooner — as some smaller and lesser known colleges have — that dogs can, physically and emotionally, help students through troubled or stressful times.

But, for the school whose mascot is an English bulldog named Handsome Dan, it’s better late than never.

In the pilot program, students can check out Monty – a  21-pound “certified library therapy dog” who provides 30-minute sessions of what ABCNews describes as “unconditional, stress-busting puppy love.”

“The interest in available slots has been high,” said Jan Conroy, a spokeswoman for Yale Law School.

In a March 10 memo, law librarian Blair Kauffman said she hoped the free, three-day pilot pet therapy program would be “a positive addition to current services offered by the library … It is well documented that visits from therapy dogs have resulted in increased happiness, calmness and overall emotional well-being.” The memo directed students to the website of Therapy Dogs International for more information.

The school has yet to decide if the program will be ongoing. Likely, it being Yale Law School, there are liability concerns — the type that are known to paralyze bureaucracies and often limit the good dogs can do, based on mostly baseless fears.

Monty, for example, though he is said to be hypoallergenic, will hold his visits in a “designated non-public space” in the library to eliminate “potential adverse reactions from any library user who might have dog-related concerns.”

Concerns have also been expressed about the sign-up list for Monty being in a visible spot. That, the overly fearful fear, results in students having to expose their need for a mental health session — or at least some time with a dog — in public.

Monty — whose full name is General Montgomery – belongs to librarian Julian Aiken. And the pilot program got started after a Yale legal blog jokingly suggested making Monty available for checkout.

Therapy dogs have been introduced at Tufts University in Massachusetts, Oberlin College in Ohio and UC San Diego to help students get through the pressures of mid-terms and finals.

Trial opens in deaths of show dogs

Opening statements were made yesterday in the Missouri trial of Mary Wild, charged with animal abuse in connection with the deaths of seven show dogs who died when left overnight in a hot van last summer.

Wild, a 25-year-old dog handler from Arnold, Missouri, is charged with eight counts of misdemeanor animal abuse — one for each of the dogs she left in the van after returning from a dog show in Iowa last June.

Only one of the dogs, a Siberian husky, survived.

Defense attorney Brad Dede said he would show that “all reasonable and legal precautions” were taken to ensure the safety of the dogs and that his client is not guilty of a crime, the St. Louis Post-Dispatch reported.

Authorities say the temperature inside the van could have reached 120 degrees.

Animal abuse is a Class A misdemeanor in Missouri, and the maximum penalty is up to a year in jail and a fine up to $1,000.

Bill would let dogs dine in Frederick County

Dining with your dog could soon become legal in Frederick County, Maryland.

Sen. Alexander Mooney  is proposing a measure to give the Frederick County Commissioners the authority to allow people to dine with their dogs in outdoor dining areas, the Frederick Gazette reports.

Mooney filed the bill last week, the day after Frederick city officials — who want to see outdoor dining with dogs legalized — decided to wait on drafting a bill of their own, in light of concerns that restaurant rules and regulations fall under county jurisdiction.

Mooney’s proposal would give the county commissioners the authority to allow outdoor dining with dogs. The Maryland General Assembly would have to pass the bill, and the governor would have to sign it. Then it would be up to the county on whether to allow it.

The Downtown Frederick Partnership, which promotes economic development in downtown Frederick, has spearheaded the campaign to permit dining with dogs.

Kara Norman, executive director, said one of the partnership’s most successful events is its August “First Saturday” celebration, which is themed “Dog Days of Summer.” The event brings more than 11,000 visitors to downtown Frederick from several counties and neighboring states.

“I think it’s important to our residents and the people who live here, as well as to our tourists,” she said. “The partnership has found, and many of our merchants have found that this is a group who is loyal, willing to travel, and really appreciates that you take care of them … and their dog.”