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Tag: property

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)

“Dig ‘em up and move ‘em out”

greenmounds

When is a “final resting place” not so final?

When it’s a pet cemetery in Florida.

The owner of Green Mounds Pet Cemetery in Pinellas County says she can no longer afford to maintain or pay taxes on the property, and she is urging owners of the thousands of pets buried there to “dig ‘em up and move ‘em out,” according to a recent report by WFLA.

“In another year the county will most likely take possession of the property due to back taxes owed,” Laura Fletcher, president of Fletcher Enterprises, Inc., told a Channel 8 reporter.

She advised pet owners to move their animals to another cemetery before someone else takes the property and decides to bulldoze and develop it.

Seems all those promises the cemetery’s previous owners made about perpetual care, and all the fees pet owners paid for it, mean nothing now — if they ever did in the first place.

The former owners of the cemetery sold the property in 2000 to Fletcher Enterprises, Inc., which owned a Harley Davidson dealership next door. The company purchased the cemetery, but never operated it as such. They planned instead to use the land to expand their parking lot.

When the motorcycle dealership went out of business, Fletcher Enterprises stopped fully maintaining the property, which is now overgrown with weeds, with a mausoleum that serves as home to at least one otherwise homeless man.

Those who buried their dogs and other pets there over the decades — reportedly 6,000 of them — have watched the cemetery get covered up with weeds and brush so dense that any headstones have become hard to see.

“I get angry at this place not being maintained, because I did pay for perpetual care,” said Joann Vaught, who buried her poodle Martini in Green Mounds in 1979. “I think it’s deplorable, it’s such a disgrace to the memory of our beloved pets.”

Green Mounds sits off U.S. Highway 19 near the Largo city line.

The WFLA reporter who visited found a mattress in the mausoleum building, apparently used by the same man whose underwear was seen hanging on a railing.

Customers have complained to Pinellas County officials about conditions at the cemetery, but they said all they could do anything about was the weeds. The county has ordered Fletcher to cut them several times, and she has complied.

Pet cemeteries are not regulated by the state.

Fletcher told WFLA in an email that she is willing to donate Green Mounds to another pet cemetery or anyone who will maintain it.

“We are within our rights to sell, donate or build on the property as we see fit. We chose not to do any of these until pets could be moved. It has been a year and a half. Plenty of time to move them. Do it soon or you may not get a say in what happens to them once we no longer own the property.”

Here’s the WFLA report:

WFLA News Channel 8

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.

You gotta love this landlord

judy guthLandlord Judy Guth has some strict rules about pets.

If you don’t have one, she won’t rent to you.

And if a resident of her 12-unit apartment house in North Hollywood loses a pet, they must get another. She insists renters whose dogs die go with her to the shelter to adopt a new one.

Some have criticized her policies as discriminatory. We find them — and her — a highly refreshing change of pace when it comes to landlords and their rules.

“My experience has told me you get people with a lot of love in their hearts when you get pet owners,” says the 84-year-old widow, who was born in Hungary.

Most of the tenants in Guth’s 12-unit apartment house have lived there over a decade, according to Los Angeles Daily News columnist Dennis McCarthy, and any apartments that do become available are generally quickly snatched up.

Guth thinks landlords who don’t allow dogs and cats are missing the boat.

“I’ve talked to other rental property owners about it, but they just laugh,” she said. “They’re stupid. The only vacancies I’ve had are when people had to move because the economy forced them out of state for a job.

“Within a day or two, there’s a new dog or cat moving in. I can’t remember all the people, but I can remember their pets.”

As for any accidents on the carpets, Guth has found a fairly painless way to make tenants pay for that.

Rather than charging a security deposit, she installs new carpet for each incoming tenant, and requires them to pay an extra $100 a month for it. When a tenant leaves, they — having paid for it over the course of a year — can take the carpet with them.

guthsignGuth’s apartments run from $1,2000 a month to $1,500 a month for a two-bedroom unit. She bought the building 40 years ago for $260,000. Last month, someone offered her more than $2 million for it.

Each tenant is allowed up to two dogs. And they can be of any size. Up to three cats are allowed. Prospective tenant dogs are interviewed, and are required to be vaccinated and wear an ID tag. Dogs have to be on a leash when they are outside the apartment.

According to the column, there’s no law that prohibits requiring tenants to have pets — just as there is no law that prohibits landlords from banning them, or banning certain breeds, or banning dogs over a certain weight.

Jerry Schiess, who manages the property for Guth and owns a shepherd-mix rescued after Hurricane Katrina, says he gets calls every day from people asking if anyone’s planning to move soon.

Terri Shea, operations manager of the 3,000-member Apartment Association of Southern California Cities, says Guth may be one of a kind: “Tve never heard of a landlord renting to only people with pets,” she said.

(Photos: Michael Owen Baker / L.A. Daily News)

Dogs Deserve Better closes on Vick house

It’s a done deal: Dogs Deserve Better, a nonprofit group that fights chaining, penning and other forms of cruelty to dogs, has closed on Michael Vick’s old house — the former headquarters of the quarterback’s dogfighting operation, Bad Newz Kennels.

Dogs Deserve Better plans to turn the property in Surry County, Virginia, into a center to rehabilitate and resocialize dogs that have been mistreated and abused, with the hope of finding them adoptive homes.

The name of the facility will be: The Good Newz Rehab Center for Chained and Penned Dogs.

The potential deal, which we told you about in February, became a reality in May, when Dogs Deserve Better raised enough money for the down payment and secured a bank loan to purchase the 4,600-square-foot white brick house and surrounding 15 acres.

The group paid $176,507 as the down payment for the house, liisted at $595,000, and is still raising money to pay for the rest and make improvements.

Once complete, it will be a $2.5 million facility, founder Tamira Thayne said told the Virginian-Pilot.

“Purchasing this property and in effect giving it back to the victims of the abuse that occurred here is a very powerful step for animal advocates and our country’s dogs alike,” said Thayne. “We are sending a message to those who want to abuse and fight dogs that a new day is dawning in America, a day where dogs are treated with the love and respect they deserve as companions to humans.”

The Washington Post had a report on the property’s transition from a place of nightmares to a place of hope earlier this month.

Dogs Deserve Better, which will move from its Pennsylvania base to Virginia,  has never had a facility of its own, but it says it has rescued and rehomed more than 3,000 dogs during its existence.

Dogs Deserve Better says having the facililty in a house will help in socializing the dogs it takes in. The group hopes to rescue and rehabilitate 500 dogs a year.

Thayne said that, in addition to welcoming visitors, Dogs Deserve Better will also build a memorial on the property for the dogs who died and suffered there, according to Dogster.com.

For more information on the purchase, the plans and how you can donate, visit the website of Dogs Deserve Better.

Good Newz, Bad Newz: Michael Vick’s house to become rehabilitation center for dogs

An animal rescue group says it has been able to raise enough money to make the down payment on Michael Vick’s former home in Virginia, which they plan to turn into a center for rescued dogs.

It will be called Good Newz (a play on Vick’s Bad Newz Kennels) Rehab Center for Chained and Penned Dogs.

The group Dogs Deserve Better announced on its website it had received an approval for a loan and hopes to close on the Surry County property that served as headquarter’s for Vick’s dogfighting operation in mid-May.

The group, which has already raised a third of the sale price,  is still raising money to pay off the remaining two-thirds — the amount the loan was approved for. They hope to build a fence around the property and start accepting dogs while they raise the money to build the facility, WVEC reported.

Members have previously said say they’d need an estimated $3 million to create the dog center, which would also serve as the new headquarters for the Pennsylvania-based rescue group.

After the forfeit of Vick’s five-bedroom, 15-acre property, potential buyers were few — in part because of a down real estate economy, maybe too, though real estate agents played it down, because of the horrors that occured there. Assessed at more than $700,000, the house is being purchased by Dogs Deserve Better for $595,000.

In an interview with Care2, DDB’s Tamira Thayne said,  “I felt when I was there that the dogs who lost their lives and suffered there welcomed us and were grateful to us for both preserving their memories, continuing the fight against dog abuse, and bringing happiness to a place of such sadness.”

DDB announced in February that it had obtained an option to purchase the property, located at 1915 Moonlight Road.

Vick served 21 months of a 23 month sentence in federal prison for bankrolling the dog fighting operation at the property. 

DDB plans to build a state of the art dog facility there, with help from volunteers and donations.

Thayne said the group hopes to house, train, and sent to adoptive homes about 500 dogs a year at first, moving up to 1,000 dogs a year. The group will be rehabilitating primarily dogs that been abused and  neglected, penned and chained.

“For us, having a standard shelter is not the answer, because we have to be teaching these dogs how to live within the home and family,” Thayne told Care 2. “So we want to design a center where they will be trained in a house setting every day, working one on one or in small groups with a human to assess and deal with issues and teach housetraining and people skills.”

For information on how to donate, visit the Dogs Deserve Better website.

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