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Tag: property

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.

Coming out of the (walk-in) closet

There’s something I need to tell you, and I hope it doesn’t lower your opinion of me. On top of coffee and cigarettes, I now sport a third addiction: HGTV.

About three weeks into my stay in the mansion basement, I realized I had access to more than just the handful of channels I was getting on my small TV – that simply by reprogramming the remote I could get more than 100. Three weeks after that new horizon opened up, there is only on channel number I have memorized, the one for HGTV. (It’s 69 on my dial.)

When I’m eating lunch, when there’s a lull in my day, when I need to step away from the keyboard and let my carpal tunnels reopen, I tune in Home and Garden Television and watch designers upgrade homeowner’s kitchens, or install a media-filled “man cave” in the basement, or turn a bedroom — from blah to ahhhh, from drab to fab – into a serene and spa-like paradise.

At the end, the homeowners get to see the transformation and say “ohmigod” a lot.

In other HGTV programming, shows follow people — young couples usually — as they search for a new home altogether, viewing three homes and then making their choice.

The part of it I like, when it comes to the design shows, is watching a project from conception to fruition, with, of course, the final touch of colorful accessories that really make the whole thing “pop.” It appeals to the Virgo, or something, in me. With the househunting shows, I like guessing which house the couple will pick (I get it right every single time), and predicting how long the marriage is going to last.

(When you can’t agree — or at least rationally discuss – something as simple as hardwood floors versus Mexican tile, your union’s days are numbered.)

Each episode of “Househunters” ends with a visit, a few months later, to the couple in their new home, into which they have comfortably settled and fixed those things they found most intolerable — whether it be wallpaper that is “too busy” or the devastating lack (it’s a cruel, cruel world) of granite countertops and stainless steel appliances.

Then – and this explains a lot of why I’m hooked – as soon as one episode ends, another begins, with no commercial break … “Tom and Nancy have outgrown their modest home in Modesto, and, with another baby on the way, need someplace larger, with a large master bedroom, an en-suite bathroom and a fenced yard for their dachschund, Scooter.”

That’s all it takes. Based on that simple plot introduction — and my need to see the tidy outcome – I’m in for another 30 minutes.

Why every station doesn’t do the no-commercials-between-episodes thing – it’s sort of the TV viewer equivalent of chain smoking — is beyond me.

I think another part of the HGTV addiction – in addition to having crushes on at least two of the designers (Howyadoin’, Genevieve?) — is that the urge to nest is growing stronger in me, after nearly a year traveling the country with my dog, living out of suitcases and staying in too many Motel 6′s.

I don’t know if urge to nest is making me watch HGTV, or if HGTV is adding to my urge to nest, but I definitely have an increasing desire to have a box of my own, put my stuff in it, make it functional and decorate it with some colorful accessories that really make it pop.

There is a third factor, I think, to the addiction. Watching HGTV makes me mad, and we, for some reason, like to watch people who make us mad  — hence the success of shows like Survivor, and The Apprentice, and all those “real” housewives with artificial parts, not to mention sensitive bachelors willing to probe the souls of multiple women in search of their true lifemate.

On “Househunters,” there can be a perfectly cute and loveable young couple — the kind I could be friends with — that I instantly start hating the moment one of them turns up their nose at a laminate wood floor, or a stove and refrigerator that are, gasp, white. They seem convinced they can’t find true happiness without granite countertops.

The wealthier and pickier they are, the more I hate them, and want to send them to go work for the Peace Corps for a couple of years.

I find myself getting infuriated even more by “Househunters International” where homebuyers, usually seeking a second home, say, in the south of France, are forced to confront the bitter reality that there is only one walk-in closet, or that the ocean view from the Mexican villa they are looking at is slightly blocked by a palm tree.

Part of it, I’m sure, is jealousy — the fact that my financial situation for the moment precludes stainless steel appliances, the fact that a commodities broker, whatever the heck that is, can afford a $2.3 million second home while I can barely afford a commode.

Then again, maybe these people aren’t so greedy, and this is just another stereotype that HGTV, by taking things out of context, is reinforcing — that of the spoiled rotten gimme generation.

For sure, HGTV reinforces gender stereotypes. With every househunting couple, the woman demands walk-in closets and, generally, jokes about maybe giving her husband a little space in it. Just as the female needs closet space, the male needs a man cave, where he can watch sports on a large flat screen TV, play video games, have the boys over for poker and otherwise avoid the wife, who’s probably out buying shoes anyway.

Just once I’d like to see a man who wants a space to work on his scrapbooking, or a woman who’s interested in a barbecue pit.

My final objection to HGTV — though, of course, I don’t object enough to change the channel — is grammatical in nature.

It’s the use of the term “price point.”

I don’t know if HGTV invented this term, or if it’s something real estate agents came up with to make their jobs seem multi-faceted and complex, as opposed to something a monkey could do. For centuries, the word “price” worked just fine. Now, we have “price point,” as in ”You’re not going to find anything else like this at this price point.” Or, “granite countertops are rare at this price point.”

I don’t think just cutting back on HGTV will work for me. I think the only solution is clean and total break (sorry, Genevieve) — a moratorium on HGTV. Like onion dip and coffee, it seems I can’t be happy with just a little of it. Instead, it makes me — much like the stainless-steel-appliance-seeking homebuyers — want more: More episodes, more closet space, more upscale home furnishings, and of course more colorful accessories that will really make things pop.

Who dat dog, and is he now NFL property?

To understand this video clip you need the following background: New Orleans Saints fans are known to chant “Who Dat” in support of their football team.

Otherwise, the humans would just appear to be a bunch of fools, which of course they still kinda do even with that background knowledge.

Be that as it may, these particular fans have chosen to let a beagle lead them in the cheer — the ownership of which has become a matter of dispute.

The full chant is “Who Dat Say Dey Gonna Beat Dem Saints? Who Dat? Who Dat?”

The NFL is claiming it owns the phrase “Who Dat,” and has issued cease-and-desist orders against New Orleans vendors who sell Saints memorabilia with the wording.

New Orleans fans, the Wall Street Journal has reported, are outraged by the claim, contending the NFL never cared about the chant when the football team was losing, or after it was ousted from its home stadium in 2005 by Hurricane Katrina, finishing the season 3-13.

“The Saints actually win something and go to the Super Bowl, and the NFL sees a way they can make a penny,” complained Dan Frazier, general manager of local sports-talk radio station 690 WIST.

“Who dat,” locals say, was part of the local lingo well before it became the rallying cry at Saints games.

The Journal article says St. Augustine High School, an all-boys Catholic school in the city, started the chant in 1972 at its own football games. “Who dat talking about beating them Knights? Nobody! Nobody!”

The saying went on to become the rallying cry for the Saints, and, in the 1980s, New Orleans singer Aaron Neville made a video, singing “who dat” alongside team members.

But now, according to the NFL spokesman Brian McCarthy, “If ‘who dat’ is used in a manner to refer to Saints football, then the Saints own the rights.”

Under that reasoning, I guess the Philadelphia Eagles, and therefore the NFL, own the rights to, and any profits from, dogfighting, as well.

Either way, they’re still a bunch of bullies.

Heiress’ death leads to celebrity dog fight

Casey_Johnson_dead_Tila_TequilaHere’s a revolting celebrity story — revolting, as you can see in this video, on too many levels to mention.

So we’ll just mention the biggest one. RadarOnline reports that Nicky Hilton and Bijou Phillips, both friends of Casey Johnson, the heiress found dead in her Los Angeles home Monday, arrived at Johnson’s home Wednesday to claim her dogs, including one named Zoey.

The alleged reason? So Zoey could be put to sleep and buried with her owner.

Radar quoted an unidentified source as saying the dog “is in very bad health. Casey would want the dog buried with her.”

While a spokesman for Johnson’s family vehemently denied that the dog was to be put down, Radar ‘s sources said that was the plan. We don’t know if that means it’s true, but we hope it’s not.

 As police stood by, the dogs and personal property belonging to Johnson were removed yesterday by Hilton and Phillips over the objections of Johnson’s fiance, reality TV star Tila Tequila, the New York Daily News reported.

Johnson, 30, was the daughter of  New York Jets owner Woody Johnson and an heiress to the Johnson & Johnson fortune.  She was a diabetic, and had battled alcohol and drug addiction, but the cause of her death is unknown.

N.J. dogfighters could face decades in prison

The leaders of New Jersey dogfighting rings could be charged under the same anti-racketeering laws used to prosecute mobsters and face sentences of up to 20 years under a bill proposed by two state senators.

Under the bill, organizers of dogfighting networks could be prosecuted under the state’s anti-racketeering (RICO) statute, and profits or property gained from dogfighting could be seized, the Philadelphia Inquirer reports.

Oregon, Utah and Virginia have similar laws. If the legislation pases, New Jersey would be the fourth state in the country to use RICO statutes, commonly used in organized crime cases, to prosecute dogfighters.

“You can judge a society by the way it treats its most vulnerable,” said Sen. Jeff Van Drew, who sponsored the bill with Sen. Thomas Kean Jr. “Those that abuse animals in this way, in this severe way, are often individuals that go on to commit heinous acts against adults and children.”

Under current New Jersey law, dogfighting carries a penalty of three to five years in prison, a fine of up to $15,000, or both.

While penalties would remain the same for people who own or train fighting dogs, or host dog fights, those who finance and organize them would face five to 10 years in prison, or even twice that if the organizer was convicted of a violent offense or gun crime in connection with dogfighting.

Vermont case argues pets more than property

The Vermont Supreme Court heard arguments yesterday in a case that could create a new precedent for animal lovers who sue over the loss of their dogs.

shadowThe lawsuit was filed by a Maryland couple — Sarah and Denis Scheele of Annapolis, whose mixed-breed dog “Shadow” was fatally shot in 2003, according to an ABC News report.

Lewis Dustin, 76, of Northfield, Vt., pleaded guilty to a misdemeanor charge of animal cruelty and was given a year probation. He also was ordered to perform 100 hours of community service and pay $4,000 to the Scheeles for the costs of adoption, medical bills and cremation.

The Scheeles, however, say that doesn’t come close to covering the emotional cost inflicted by the incident and the loss of companionship.

“Shadow was our little boy, our son, our child,” Sarah Scheele wrote on her website JusticeforShadow.com. “We loved him as if he were our own flesh and blood.”

The couple filed a civil suit against Dustin in 2006, arguing that the dog was more than “mere property.”

The incident occurred during the Scheeles’ July 2003 visit to relatives in Northfield, Vt., a small town south of Montpelier. Shadow wandered into the neighboring yard of Dustin, who fired an air pellet rifle at the dog to scare him off his property.

Dear me! Abby flubbed this one, readers say

Dog-Trash-CanIt seems I wasn’t the only one to disagree with “Dear Abby’s” recent opinion that throwing the bagged poopage of your dog into someone else’s garbage can was acceptable.

“I’m sorry to say my advice … landed me in the doghouse,” the columnist noted earlier this week.

Back in September, Abby advised “Pooped Out in North Carolina” — who was getting the business from his family after tossing his dog’s bagged feces in a neighbor’s garbage can — that “as long as the bag was securely sealed, I don’t think adding it to someone’s trash bin was a social no-no.”

ohmidog! quickly pounced on Abby for dispensing such bad advice. It’s bad manners and, worse yet, gives the anti-dog types something else to complain about.

As it turns out, we weren’t alone. Many others disagreed with Abby, and a sampling of those opinions were included in her column Monday.

“DEAR ABBY: … As a homeowner who is a frequent recipient of foreign feces, there is a practical issue that you may not have foreseen. Our garbage collectors will not dispose of small bags of dog poop; they will only take trash bags of the larger size one would expect to contain household waste,” wrote Frequent Feces Finder.

“DEAR ABBY: You should have told “Pooped” to check the local laws first. In my community, if you’re caught putting your trash in someone else’s container, you are made to clean it out, fined and sometimes given jail time,” wrote Tom in Reed City, Michigan.

“DEAR ABBY: We walk our dogs four times a day and place their carefully bagged “deposits” only in the trash at our house. We do this for two reasons: One, people can be territorial about their refuse containers and resent any ‘unauthorized’ garbage placed there. Two, many homeowners hate finding animal waste on their property or in their trash,” opined Picker-Upper in California.

(Photo from the flickr page of left-hand)

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