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Breeders to be regulated
August 3, 2001

U.S. District Court Judge Colleen Kollar-Kotelly on July 30, 2001 handed down a decision invalidating the U.S. Department of Agriculture's longstanding regulation exempting retail sellers of dogs from federal regulation. The decision came in a lawsuit filed by the Doris Day Animal League (DDAL) and several other plaintiffs against the Department challenging the Department's interpretation of the federal Animal Welfare
Act. The judge also refused to consider amicus curiae briefs in support of the Department of Agriculture's position filed by the American Kennel Club (AKC) and others.

The judge's ruling, if not overturned, will require a huge expansion in the U.S. Department of Agriculture's licensing and inspection activities, and deal a devastating blow to non-commercial hobby and show dog breeders.

The ruling could potentially require every person who sells a dog or cat for any reason to obtain a federal license and submit to federal regulations. The AKC pointed out in its brief that this could expand federal licensing under the Animal Welfare Act from the current level of about 10,000 entities to several hundred thousands entities. The AKC estimated that based on AKC registration data alone, nearly 300,000 persons could be
required to be licensed. More importantly, the AKC argued, it was clearly not the intent of Congress in enacting the Animal Welfare Act to regulate non-commercial hobby and show breeders, and that to make the sport of purebred dogs into a federally regulated activity would undermine the very nature of the sport.

Government attorneys are studying the opinion, and will decide over the next few weeks whether to appeal it. The AKC will strongly urge an appeal.

Anti-cruelty bill in planning stages

By Fred Brown
Denver Post Capitol Bureau Chief

Thursday, July 19, 2001 - Two state legislators, appalled by recent reports of animal abuse, are planning to introduce a bill to increase the penalties for cruelty to animals.

"It's horrible. It's just horrible," said Rep. Alice Borodkin, D-Denver, who will be the House sponsor of a Senate bill introduced by Sen. Deanna Hanna, D-Lakewood.

Hanna said the measure, being drafted for the legislature's 2002 regular session, will have a graduated system of penalties for "aggravated animal cruelty."

A first offense by an adult would be a low-level felony, rather than a misdemeanor. The bill would have treatment options for children, coupled with counseling for their families, Hanna said.

Borodkin said a constituent suggested calling the measure "Westy's Law," after a cat that still is being treated for burns after it was set on fire by two teenagers May 26 in Westminster. The teens were charged with animal cruelty, a misdemeanor that currently carries a $400 fine.

"Cruelty to animals can be one of the earliest signs of a person's potential for violence," said Borodkin. It's also an indicator of problems in the home, she said.

"An alarming number of emotionally disturbed children are abusive to animals," said Hanna, who has been a nurse in Denver Public Schools for 32 years.

The sponsors said they will exempt farm and ranch livestock and working animals, and they will be "very sensitive" to rural legislators' concerns.

Because felonies involve prison terms, the proposed legislation will require more state spending, Borodkin noted, and spending bills are more difficult to pass.

But she said she considers it a "pay now or pay later" bill. If young animal abusers can be stopped, they might be prevented from injuring or even killing humans, offenses that would cost the state much more, Borodkin said.

Behind his cute toothy smile, Glenn Duncan is an accomplished killer - of pigs that is.

Two weeks ago the youngster was credited with his first kill, a 62kg boar a third heavier than he is.

Glenn, from Chatto Creek near Alexandra, was out with his father, Mike, and family friend Tony Russell when the moment came.

The dogs bailed up the boar and Glenn finished it off with a knife.

Mr Duncan said that while killing pigs was not something every 8-year-old would do, Glenn had no qualms about it.

"He's been out hunting since he was six. He loves it. As soon as the dogs start barking he's off on the chase."

Mr Duncan had no concerns about Glenn's safety.

"I wasn't too worried. We were right there with him."

At the weekend, Glenn, 6-year-old brother Mark and their father tried to repeat their efforts, competing against 120 other hunters from South Canterbury to Southland in the annual Taieri District Pig Hunters Club open hunt.

While they bagged one animal, it was well off the competition.

Hunters could weigh in boars of 44kg or more. The heaviest was 79.5kg, caught by Ross Chilton, Alan Chilton and Brent Berkeris of Otematata.

The first prize of $1000 went to the hunter whose pig was closest to the average weight of all 23 pigs weighed in. The average was 62kg and the prize was awarded to the Southland team of Tepani Mullen, Tim Mackie and Regan Dickinson.

Coincidentally, 62kg was the weight of Glenn's pig, but it was killed two weeks too soon for him to be in the money.

- NZPA

October has gone to the dogs thanks to a nationwide campaign from the American Humane Association. This month has the distinction of being designated as national "Adopt-A-Dog Month".

Shelters across the United States are using this opportunity to educate people about the plight of homeless canines, as well as sponsoring events to help as many dogs as possible to find loving, permanent homes.

Shelters and breed rescues are overflowing with adorable dogs and puppies just waiting to become the newest member of your family. Millions of dogs enter the shelter system every year and many of them are purebreds. So, even if you have your heart set on a particular breed, adoption is a wonderful option. If your local shelter doesn't have your breed of choice, contact the breed club for information on their rescue activities.

Keep the following tips in mind when looking for your perfect match:

Don't make "getting a dog" a spontaneous decision. Adding a dog to your family is a lifetime commitment. Consider if a dog or puppy is a good match for your lifestyle first by reading our recent article, Choosing the Perfect Dog for You

Make choosing your dog or puppy a family affair to ensure that everyone is happy with your new pet. Dogs are released to shelters every day because of various conflicts: people not realizing their young child would be frightened of a dog, their room-mate has allergies, or that their spouse isn't going to "come around" and learn to like dogs.

You may not meet "your dog" on your first shelter visit. If at first you don't succeed, try, try again! Try different shelters and rescue groups, and visit more than once.

Be open to possibilities. If you have your mind set on adopting a purebred, you may miss a simply wonderful mixed breed dog who may have been a simply perfect match.
If you do decide that you want a new canine companion, be a hero to a homeless dog by adopting from your local shelter or rescue organization. Whether your ideal dog is small or large, a puppy or adult, mixed breed or purebred, your new best friend is waiting for you to take them home.

Still need some convincing? Here are

The Top Ten Reasons To Adopt A Shelter Dog

10. You'll never have to sweep your kitchen floor again.

9. Dogs can help you live longer by reducing stress and adding laughter to your life. Whether you just take them for a walk, play fetch, or spend quiet time petting them, a dog in your life can make everyday a better day.

8. Dog kisses make the best alarm clock.

7. When you return home, your dog will greet you as if you're the best thing that happened to them all day!

6. Having a dog as part of your family will help teach your children about respect for and kindness towards animals.

5. You'll always have a best friend and a sympathetic ear. Dogs are great listeners and are always there when you need them.

4. You'll never sleep alone and dogs are great for warming up beds on cold winter nights.

3. Dogs make you look smart. Take time to teach them a few tricks and you'll be able to impress your friends and family with your training genius.

2. Dogs are a well-spring of knowledge. They teach their owners a thing or two about loyalty, unconditional love, devotion, obedience, respect, patience, and forgiveness!

And, the number one reason to Adopt-A-Dog from a Shelter is...

1. You can be a hero AND gain a friend for life when you adopt a homeless dog into a loving family.

People refer to their dogs as being "just like a member of the family," or man's best friend. But pets that people consider priceless may be all but worthless in the cold eye of the law.

Manchester, Conn., lawyer Derek V. Oatis has been pressing to change that view, both in the Legislature and in the courts. At the request of Connecticut's Fund for Animals, he drafted a proposed law last year that would increase the civil cost of killing someone's dog. It fell by the wayside in the Legislature.

But in Putnam, Conn., Superior Court, Oatis is attempting to establish that a treasured family pet can be worth more than the mere cost of replacing it at the local pound. He's representing Susan Coston, a Scotland, Conn., dairy worker who milks 100 cows for a living and breeds boxers.

On Feb. 29, 2000, Coston found one of her two dogs, Laura, a mixed-breed boxer, lying on the back steps of her house, bleeding. She called for her other dog, a purebred boxer named Beethoven, but he did not come. In her quick hunt for Beethoven, she saw her neighbor Patricia Reardon, an eye doctor, crouched with a .22 rifle aimed at the dog, Coston alleged in court papers.

After Coston begged Reardon not to shoot Beethoven, the doctor lowered her rifle and let Coston take him away from Reardon's property. Laura's bleeding, allegedly from Reardon's rifle shots, later proved fatal.

In a subsequent civil suit, Coston invoked Connecticut's statute allowing civil recovery for the wrongful killing of a dog, along with conversion and treble damages for theft. Additional counts of negligent and intentional infliction of emotional distress were challenged in a motion to strike.

Reardon's lawyer, Renee W. Dwyer of Hartford, Conn.'s Gordon, Muir & Foley, objected to portions of the pleadings that alleged the potential damages exceeded the replacement cost of the dog.

NO DISTRESS

Superior Court Judge Francis J. Foley III ruled against Coston on both counts of emotional distress, concluding that they were a vain attempt to plead bystander emotional distress. That cause of action was only recently allowed in Connecticut, limited to very close relatives of the plaintiff.

The court cited the superior court case of Jason v. Rotz, in which a man and his toy poodle were attacked by a pit bull, that struck bystander claims but left the door open for traditional emotional distress claims. Judge Foley concluded that bystander emotional distress for a dog would be beyond the "imaginable future reach" of the 1996 state supreme court bystander precedent, Clohessey v. Batchelor.

The defense contended that treble damages for theft could not apply, because killing is not theft. In a motion, however, Oatis contended that killing is just one form of conversion -- depriving an owner of property -- and the theft statute would apply. The judge agreed, refusing to strike the theft count in his Oct. 17 ruling.

The remaining challenge for the plaintiffs is to prove damages beyond the replacement cost of the dog, which is legally just personal property.

Oatis, of Manchester's Beck & Eldergill, cited a 1998 trial decision, Q River Terminals v. Gilbert, for the rule that damages for a loss of personal property are not simply limited to what the item would bring on the open market. The victim "should be allowed to recover the value to him based on his actual money loss, all the circumstances considered," excluding any fanciful or sentimental value.

Coston, in an interview, said she plans to press forward with the suit. "This is something we felt we needed to do," she said, noting that Laura had received veterinary care and obedience training.

In a legal memo, Oatis recognized that it might be difficult to ascertain the full loss to the dog's owner, but that difficulty is no reason to avoid the process.

The cost of healing a dog, even when it far exceeded its purchase value, was recognized by a New Jersey court, he noted.