PA: Penn High Court says SPCA Not State Agency, Can Be Sued

The Pennsylvania Supreme Court says the SPCA is Not a State Agency and is not entitled to the defense of sovereign or governmental immunity.

The court upheld a Philadelphia jury's verdict that awarded a women $155,000 from the Pennsylvania Society for the Prevention of Cruelty to Animals (PSPCA) after about a dozen dogs taken from her home were euthanized. The dog owner, Laila Snead of Reading, says she's pleased with the decision but nothing will bring her dogs back.

Thank goodness for this ruling. Although Ms.Snead's dogs are gone, it has implications for others whose animals are stolen and disposed of by over-zealous non-profit organizations.

FL- Update on HB 451

Update: MSN Language Removed from Florida Bill!
(from AKC)
Tuesday, March 24, 2009]
This morning, the Florida House Agriculture and Natural Resources Policy Committee adopted a "strike-all" amendment to House Bill 451, which would have required the mandatory spay/neuter of all dogs four months of age with little exception. The Florida Association of Kennel Clubs reports that the amendment, offered by HB 451’s sponsor, Representative Scott Randolph, has removed all mandatory spay/neuter language, and instead provides local government officials the option of using a $5 surcharge currently added to animal control citations to help pay for low-cost spay/neuter programs.

The American Kennel Club commends the Florida Association of Kennel Clubs and the many concerned Florida residents who took action in opposition to the original version of HB 451. Their tireless efforts have ensured that the rights and liberties of responsible dog breeders and owners in Florida will continue to be honored. The American Kennel Club also thanks Representative Randolph for listening to the grave concerns of the AKC and the thousands of Floridians who expressed their strong opposition to mandatory spay/neuter. The AKC Government Relations Department is pleased to have assisted the Florida Association of Kennel Clubs by issuing several legislative alerts with contact information and sample letters; e-mailing thousands of AKC club members, officers, delegates, judges, and legislative liaisons; reporting developments to tens of thousands of alert recipients; and contacting legislators with anti-MSN policy arguments.

OR- Pit Bull Ban will go no further, lawmaker says

Pit Bull Ban will go no further, lawmaker saysBy KATU.com Staff Video SALEM, Ore. -
Proposed pit bull legislation that drew a passionate response from people on both sides of the issue will not be pushed any further, according to the Senator who introduced the bill.

"From the outpouring of interest I have received over the past few days, I have learned that pit bulls are beloved pets, friends and family members," Sen. Bruce Starr (R-Hillsboro) said in a statement released on Monday. "Most pit bulls and their owners are caring and responsible. I have no intention of pushing legislation that would threaten pit bulls or the rights of their owners."

The bill, which would have made owning a pit bull illegal in Oregon and would have even called for the dogs to be euthanized, hadn't made it to the Senate floor. You can read the draft here.
"I introduced Senate Bill 667 on behalf of a constituent," Sen. Starr said in his statement. "As the voice of my constituents in the state legislature, I make myself and the service of bill introduction available to them so their ideas can be heard in the legislative process. I may not always agree with the bills they request, but see it as my responsibility to make sure they have an opportunity to advocate for their ideas before the legislature."

Pit bull ownership has been a controversial topic in Oregon for the past several years. On one side, those who own the dogs say they are loving animals just like any other pet. On the other side are the folks who fear the breed and believe there should be protections in place.

MD- SB 318 Heard by Senate Judicial Proceedings

On Monday, March 2, 2009, the Judicial Proceedings Committee voted to give SB 318 an UNFAVORABLE RECOMMENDATION. SB 318 is DEAD IN COMMITEE.

The House companion bill HB 495, has not yet been voted on but since the same bill must be brought to a full vote in both houses, HB 495 is a moot point.

Good work to all who voiced their concern about both of these bills via phone, fax, e-mail, in person, or by testifying at the hearing!

GOOD JOB Maryland Dog Federation and all those who voiced their concern- YOU WERE HEARD!

MT- BSL Legislation defeated

Friday, January 23, 2009]
Responsible dog owners won a decisive victory Thursday afternoon when the Montana House Local Government Committee voted 17-1 against a bill to ban "pit bulls" in the state.

House Bill 191 prohibited the ownership, harboring, or keeping of dogs described as "pit bulls". "Pit bulls" was defined to include Staffordshire Bull Terriers, American Staffordshire Terriers, and "any dog that has the physical characteristics that substantially conform to the standards established for those breeds by the American Kennel Club." If the bill had passed, all such dogs would have been seized and euthanized.

Approximately 100 responsible dog owners and breeders testified against House Bill 191, convincing the committee that breed bans are not an effective solution to animal control problems. In addition, the AKC sent letters of opposition to committee members and alerted tens of thousands of dog owners throughout the country about this legislation. The AKC believes the government should implement reasonable, enforceable, non-discriminatory laws to govern the ownership of dogs and impose appropriate penalties on irresponsible dog owners.

The AKC thanks all those who testified against House Bill 191 in committee yesterday, and the many more who contacted the committee and their state legislators. We also thank the Montana House Local Government Committee for making a strong statement against breed-specific legislation.

Success is possible- but requires dedication

With each story of success comes the stories of endless hours of hard work and dedicated people who seem to "drop everything" to address the threat at hand. Thank goodness for those people. For those of you who feel you can not just "drop everything" - there is work for you to do too. Every little action helps. Tell your friends about your plight. Write letters; SEND MONEY to organization who are acting on your behalf. Tell all of the people who contact you about dogs that the precious resource of knowledgeable dog people is at stake. The list of actions you can take is endless.

The most important thing you can do, is read each success story looking for "lessons"- HOW did they manage to succeed. We can be successful, it just takes hard work and cooperation.

VA- Mandatory Spay/Neuter Bill Defeated in Virginia

Wednesday, January 28, 2009]
Virginia dog owners won a major victory on January 26, when the Virginia Senate Agriculture Committee defeated a mandatory spay/neuter bill by an 8-6 vote. Senate Bill 1151 imposed a mandatory spay/neuter requirement on dogs picked up by animal control more than once.

AKC opposes the concept of the mandatory spay/neuter of purebred dogs. Instead, we support reasonable and enforceable laws that protect the welfare and health of purebred dogs and do not restrict the rights of responsible breeders and owners. Additionally, we strongly support and actively promote a wide range of programs to educate the public about responsible breeding practices and the responsibilities of dog ownership.

The AKC was pleased to assist the efforts of the Virginia Federation of Dog Clubs and Breeders in defeating SB 1151 by notifying over 600 Virginia dog club officials of this bill and encouraging responsible owners and breeders to attend the committee hearing.

The AKC congratulates the Virginia Federation of Dog Clubs and Breeders for this victory and thanks them for their tireless efforts on behalf of Virginia dog owners and breeders.

CO- Successful defeat of "Puppy Mill Bill" HB1172

Please Note: Successfully defeating bills takes the EFFORT of many.

Yes, we DID defeat the so-called 'Puppy Mill bill' which was actually an HSUS 'let's get rid of dog breeders' bill! The bill went to its first hearing before the House Agriculture Committee on Wednesday afternoon. After a grueling 4+ hours of testimony, the committee voted to kill the bill.

It was far from an easy defeat...we had to work for it since we went into the hearing with only 4 of the 12 votes solid against it. I have to say I have never been prouder of the dog community than during this time. Hobby breeders, the dog show community, small licensed breeders, as well as large scale licensed ! breeders came together to fight this bill being pushed by a common enemy HSUS. I couldn't have planned the whole thing better if I'd tried.

We went into the hearing room about 2 PM and we had a great turn out of people from all facets of the dog community. Our speakers were prepared and did a great job of speaking to the issues. Each planned speaker took a different point or view of the bill to speak about so we covered all bases. The Committee had already been educated about why we opposed the bill through letters and phone calls, and that wonderful NAIA tool - CapWiz! AKC also wrote us a letter of opposition and helped with gathering information and handouts. PIJAC from the pet industry alerted their members, and the licensed commercial breeders had several meetings with the Colorado Federation of Dog Clubs to coordinate efforts and information exchange.

We knew that HSUS would be watching our website so we didn't put up a full alert there, but did play it pretty quiet until after the bill was actually introduced and we were ready for action from the Federation members and the dog show community. The Federation and our lobbyists had meetings with the sponsor of the bill on several occasions and stood firm in our position that this bill was not needed, their limit of 25 intact dogs was absolutely unacceptable, and improved nothing for breeding facility care of dogs over the existing PACFA (Pet Animal Care & Facilities Act) law that had been in place for over 14 years. There were some violations of this law over the past year that hit the media (and justly so) that had given HSUS the opportunity to attempt such a bill.

The Agriculture Department which oversees the PACFA program was aware of the Federation's concerns about the problems and they were reviewing changes in their procedures. As with many government agencies, they were under staffed because of funding limits under state laws. The Federation and the licensed dog breeders promised to help them in that area if they would improve their enforcement. This is a good program with people trying to do a job on a shoestring.

As usual, opposition gave testimony first so we made sure we gave good arguments against this bill. Everyone was respectful of the committee and the commercial breeders spoke of the pride they take in their facilities and care of their dogs, and how hard they work to do it right. They were as upset as anyone about bad breeders since it reflects on them negatively. In the case of one of the worse cases to hit the news, it was actually a commercial breeder who called in the situation to the PACFA department and asked that they investigate. All agreed that if raising fees was what was needed to get another inspector and get the program back on track, then that is what should happen. That had an effect on the thinking of the Committee about this bill.

The PACFA vets spoke well on their problems with enforcement and what they were doing to clean the problems up. The program had just gone through what Colorado calls a sunset review of how the program was working, which had been presented to the legislature a couple of weeks before, and problems as well as solutions were being addressed in that sunset bill. This gave us added ammunition to oppose HB1172 since increased enforcement and funding were being addressed already.

The opposition testimony took about 3 hours with 20 speakers. The supporters of the bill had 10 speakers who didn't get their chance to speak until almost 6PM. Everyone was tired, but the committee had been listening. When the supporters started in with their horror stories, the committee members commented that it appeared to be an enforcement issue, not a need for this bill or limits on numbers of intact dogs. We had done our homework, we were polite but firm in our opposition, and it was successful. In the end the author of the bill tried several amendments, including changing their 'magic number' to 50, but the committee wasn't buying it. They voted to not pass the bill out of committee 7-5. Dead and buried!

Again, the secret to our success was everyone putting aside our differences and pulling together, sharing information, being aware of what was happening in our state to set up the situation, and a tip from a fellow dog person early on for a draft of the bill. Also, an educated legislature and a great team of lobbyists. When it hit the legislature we were ready and waiting! We do know this will probably be back in a ballot initiative or referendum this summer, since the public is easier to deceive with emotional issues than a well prepared legislature, but we will also be ready for that battle. We will also be monitoring the PACFA program to make sure it gets the funding it needs and support to do the job it was created for. It is an excellent program and we did something right in creating it 14 years ago!

Linda Hart, Secretary
Colorado Federation of Dog Clubs

Playing Catch Up Successfully

Okay. Let's look at reality. This past week, a friend of mine told several of us that his sister and her family, who own a good business in the LA area, were going to donate THREE MILLION DOLLARS to PETA because of their good work for animals. Well, we just about came unglued. We dug up a host of facts and sent him on his way to educate his sister. Now, HOW MANY OTHERS are donating money thru wills, trusts, and just outright donations? Now, where does that lead? It leads to AR organizations being able to hire FULL TIME PR persons, full time lawyers to draft legislation, writers to create articles, and all of these spend at least 8 hours a day, five days a week, year in and year out PUTTING OUT PR and LEGISLATION for these animal rights outfits like HSUS and PETA. So how do we counteract that onslaught? 1. We need to support the national organizations that ARE working to provide real information, who have websites and who have media contacts, federal and state government contacts and who are respectable and factual in their presentations. National Animal Interest Alliance is one of those...www.naiaonline.org Personally, I am not acquainted with all organizations that covers all animal interests and species. There are national orgs that relate to specific breeds, such as in dogs or cats; specific activities, such as farming or ranching or circuses; or to specific pet species, such as birds and herps and fish. They also deserve our support in terms of membership dues, and in terms of volunteer activities for these orgs. We all need to step up to the plate and get active in working to support our animal interest organizations. 2. We need to support the internet websites or bloggers that support OUR animal interests and causes, such as www.consumerfreedom.com or activistcash.com or dog politics. 3. We need to PURPOSEFULLY educate our family members and friends and acquaintances about the problem of the animal rights orgs, and make a point of NAMING them...HSUS, PETA, etc. and tell why they are a problem for all animal owners. People need to know and appreciate the facts. 4. We need to 'make friends' with local animal control when that is possible. In other words, when they haven't already been taken over by the AR belief system. Even then, if local breed clubs can make a point of working with local animal control agencies, providing free training days for the public, assisting with adoptions, providing fund raising projects that help the shelter animals, THAT can change their minds. 5. We need to make sure that every member of the animal organizations to which we belong have their email address in the main files of that organization so that we are able to INFORM people when threatening bills are proposed at the state or federal level. And, it would help to have some meetings devoted to educating the membership about animal rights...who they are and what they do and how to fight them. 6. We need to respond to ALL media articles about animal issues and be sure that the information provided is accurate and gives a balanced opinion to the public. When a staff writer presents a one- sided AR view of animal issues, we need to call them on that and present the facts and push for them to share those facts with the public. We cannot stand idly by when b.s. is being reported in the news. 7. We need to introduce ourselves to our LOCAL county commisioners and our STATE representative and senators, and let them know about our interests in animals and our CONCERNS about the AR agenda. In my case, I give them a copy of the book: Animal Rights: The Inhumane Crusade, along with a one page flyer which describes the difference between animal welfare and animal rights. I make a friendly relationship with the staff person if there is one for the state rep or the federal senator or congressman. All these actions are what the animal rights folks are doing...If we FAIL to do this, we leave the area of legislative power in their hands...and then when proposed laws come forward, we are way behind the power curve. 8. We need to take the opportunities that present themselves and use them to educate the public. For example, when there are local dog, cat and bird shows, marts, or other animal events, setting up an educational booth with general information about the animal AND with special information about animal rights is great. Often the event organizer, if the animal rights issues are explained, will provide a FREE booth for such information. If that is not possible, find a person or organization with a booth who will allow you to provide flyers about the AR problem, or, get permission to pass them out at the door of the event...so that every attendee gets a flyer. Be sure the flyer includes website information about the animal rights agenda and about pro-animal organizations...so they can become a part of our solution to the problem. Probably others on this list can come up with further recommendations on what we can do, but the above eight actions are what I have learned over the past twenty plus years DO WORK! Now, the picture is bleak...but not hopeless. Why? Because more animal owners are waking up to the animal rights realities and deciding to do something about it. Because more and more members of the public are becoming educated about the AR agenda...and, if given the opportunity, even legislators do wake up. But, the wake up calls need to be put out there more and more often and the only way that is going to happen is IF and WHEN each person on this list selects the actions that they will perform to help change the tide of public opinion towards pro-animal interests. One individual cannot do everything, but one individual can do SOMETHING... Many individuals each doing SOMETHING will change the situation to benefit animal owners. (Name of author withheld on this blog)