In Brief Legal Writing Services

Federal appeals court sides with New York City on pet law

Posted on March 8, 2017 by alexb2448

This vintage typwriter is our featured image.

By siding with New York City regarding a 2015 law that restricts pet sales, the U.S. 2nd Circuit Court of Appeals took a big step towards protecting dogs, cats and their owners.

Eli, the In Brief Legal Writing Services mascot. — In Brief Legal Writing Services mascot Eli catching up on the latest news. Photo by Alexandra Bogdanovic

According to recent reports, the law opposed by the New York Pet Welfare Association “said pet shops could only obtain dogs and cats from federally licensed breeders with clean recent animal welfare records, and could not sell dogs and cats at least eight weeks old and weighing two pounds unless they were sterilized.”

Proponents say the law promotes the sale of healthy dogs and cats. By stipulating that pets are spayed or neutered before they are sold, it helps ensure that they don’t add to the number of unwanted dogs and cats in the city by having puppies and kittens.

Two for two

The New York Pet Welfare Association (NYPWA) — which represents those most affected by the measure — has voiced strenuous objections, however. Specifically, it claims the 2015 law “unconstitutionally burdened commerce by favoring in-state animal rescuers and shelters over out-of-state breeders, and was pre-empted by state veterinary medicine laws.”

At the end of a 29-page document in which he summarized and analyzed the arguments made by both parties, Judge Edward Korman found the New York Pet Welfare Association’s claims lack merit.

“The Sourcing and Spay/Neuter Laws address problems of significant
importance to the City and its residents. It appears that the City has enforced them for more than a year, with no apparent ill effects,” Korman wrote. “Because the challenged laws are not preempted by either state or federal law, and do not offend the Commerce Clause, we Affirm the district court’s order dismissing NYPWA’s complaint.”

The U.S. District Court for the Eastern District of New York also sided with the city in a ruling issued two years ago.

Undaunted, the NYPWA is now considering another appeal. In the meantime, as a spokesman for New York City’s Law Department told the New York media, proponents are savoring their second victory.

“We are pleased that the court upheld this common sense legislation, which helps ensure that cats and dogs are humanely sourced and that consumers can make informed choices when bringing pets into their homes,” Nick Paolucci told Reuters.

New warnings about human greed and stupidity’s toll on wildlife

Posted on March 6, 2017March 5, 2017 by alexb2448

Anyone who knows me or reads this blog on a regular basis knows I am hardly a “sit around the campfire and sing Kumbaya” kind of girl. If anything, I am a cynic. I am a skeptic and I am a realist. I do not suffer fools gladly.

I have no patience whatsoever for Communists, socialists, climate change alarmists, environmental alarmists, extremists on either side of the political spectrum, or social justice warriors. Especially social justice warriors.

Founder/owner of In Brief Legal Writing Services, Alexandra Bogdanovic. Photo by N. Bogdanovic

In fact I have little to no tolerance for anyone who engages in scare tactics and emotional blackmail to achieve their own agendas. It insults my intelligence.

So I take nothing at face value. Whenever I read, listen to or watch the news, I keep the following questions in mind: What’s the end game? What is the news outlet that is reporting the story trying to accomplish? What are the subjects of the story trying to accomplish?

It is called critical thinking.

The consequences of human stupidity and greed

Having said all of that, even the most hardened cynic has a heart. And as you all know, I have a huge soft spot when it comes to animals. It doesn’t matter whether they’re wild or tame. I love them.

So it should not come as a surprise that the following New York Post headline grabbed my attention: Terrifying prognosis for life on earth.

The recent article detailed the findings of a new report “commissioned for the a Biological Extinction conference.” The report found that “half of all animals on Earth will be extinct by the end of the century, and one in five are already at risk.”

Experts say human stupidity and greed are key factors in the assessment.

“We grab all the fish from the sea, wreck the coral reefs and put carbon dioxide into the atmosphere. We have triggered a major extinction event. The question is: How do we stop it?” Biologist Paul Ehrlich, of Stanford University in California, told the media.

Greed in the form of poaching is also to blame, according to the report.

As the New York Post reports, “There are, for example, only 5,000 black rhinos left in the wild. Hunters kill and bag them because their horns worth more than $120,000 per pound and are used in Chinese medicine.”

An exercise in critical thinking

Clearly this story is meant to tug at the heartstrings. Perhaps it is meant to make us think, or perhaps it is meant to scare us. Perhaps it is meant to do all three.

But as I take emotion out of the equation and concentrate on objective analysis, I am left with the following questions:

Which “experts” crafted this report?
What are their credentials or qualifications?
Where are they from?
How was the report funded?
Is more research necessary?
Has more funding been requested?
What happened at the Vatican conference on “how to prevent extinction”?

Something else to keep in mind is that all data and statistics can be manipulated. Did the experts who crafted this report do so to further their own agenda?

Think for yourself

Until I actually read the report (which I plan on doing whenever I have some free time) the preceding questions will remain unanswered.

For now it should go without saying that all actions have consequences, and that if we continue to rape our planet’s natural resources, the consequences will likely be dire.

Some might argue, and rightfully so, that we are already paying a steep price for our stupidity and greed.

What do you think?

Hartford reaches settlement with owners of slain St. Bernard

Posted on March 3, 2017 by alexb2448

Eleven years ago, a couple of cops shot and killed a St. Bernard because it growled at them. And they did it in front of a little girl.

This wasn’t a pit bull or a Rottweiler or a Doberman. It was a St. Bernard. And no, it wasn’t Cujo. It was a family pet. And the cops shot it in front of a little kid.

To me there is no excuse. There is no justification. And there is not enough money in the world to make up for what they did.

But recently, after a lengthy court battle, the Harris family finally got justice for themselves and Seven, their slain St. Bernard. Specifically, the Connecticut city of Hartford reached a settlement with the family and agreed to pay them more than $800,000, which “includes damages and legal costs.”

To me an apology would have meant more. But in my opinion, a man who is capable of shooting a dog in cold blood isn’t capable of the human decency, much less the compassion and humility necessary to make a proper apology.

Paws up, don’t shoot!

Police claim Seven “growled” and “sprinted at them” when they showed up at the Harris house without a warrant in 2006.

According to news reports, Sgt. Johnmichael O’Hare and Sgt. Anthony Pia went to the residence after a gang member told them that ” two guns were stashed in an abandoned car in the backyard of (Glenn) Harris’ home.”

The officers didn’t find what they were looking for and were about to leave the yard when Seven acted on instinct. That’s when O’Hare shot and killed him.

According to published reports, “Harris’ daughter, who was nearby, claimed she saw O’Hare put the third bullet in Seven’s head, and that he then told her: ‘Sorry Miss. Your dog isn’t going to make it.'”

See you in court

Glenn Harris took matters into his own hands in 2008. That’s when he filed a lawsuit against the officers alleging constitutional violations and intentional infliction of emotional distress.

But as we all know, the wheels of justice turn very, very slowly. In this case it was four years from the time Harris filed the suit until a jury returned its verdict. When it did, it sided with the cops.

Luckily the story didn’t end there.

In 2012, the 2nd Circuit Court of Appeals in New York revisited the matter. And it reached a different conclusion. Specifically, Judge Rosemary Pooler found that the officers did nothing wrong when they followed up on the tip, However she also said they did not have the right to set foot on the property without a warrant.

If only the cops had figured that out in the first place…

This New York law is for the dogs (and cats)

Posted on March 1, 2017February 28, 2017 by alexb2448

Technically it’s not a law… yet. At this point, it’s still a proposed law, or more accurately a bill.

Some say that it has little chance of being passed. I say it will be a horrible injustice if it doesn’t.

The legislation that I’m referring to is called “Kirby and Quigley’s Law,” and it would punish anyone who hurts or kills a companion animal during the commission of another crime. Punishment upon conviction would be a $5,000 fine and two years behind bars in addition to incarceration for the original crime.

‘Poster pups’

According to media accounts, Denise Krohn, whose dogs were shot and killed when someone burglarized her home last year, “hopes to gain some measure of justice by making her pets the poster pups” for the bill.

“It’s just not right,” Krohn told the New York media. “I don’t care about the TVs and other stuff. What hurts us every day is losing our dogs.”

What makes matters worse for Krohn is knowing that the perpetrator(s) will likely go unpunished for killing her dogs as things now stand. As the police working the case reportedly told her, “if someone is caught, they would likely get 25 years in jail for burglary, but no additional punishment for killing the dogs.”

On the other hand, if “Kirby and Quigley’s Law” does pass, experts that spoke with the New York media said it would become “one of the toughest animal-cruelty charges” in the United States.

Jim Tedisco is the New York state senator who introduced the legislation in 2012 — long before the burglars that targeted Krohn’s home killed her dogs. His impetus for doing so was another case, in which drug smugglers used dogs to move their product. Although the perpetrators in that case were ultimately convicted on drug charges, they were never charged with animal cruelty.

“Attorneys said it had nothing to do with cruelty, they were just smuggling heroin,” Tedisco told News 4 New York. “What this bill does is make it clear that if you harm a companion animal while committing another crime, you face an additional penalty.”

A reluctant advocate

Passage of the bill is hardly a slam dunk. Critics, including State Assemblyman Joseph Lentol, say it is unnecessary. Existing cruelty laws are sufficient, they maintain.

Krohn begs to differ. She’s reportedly written numerous letters to state lawmakers — and the retired teacher vows to keep it up until “Kirby and Quigley’s Law” becomes a reality.

“I never thought of myself as an animal activist,” she said. “I just want to do what’s right.”

How a New York story about a big bunch of bull ended badly

Posted on February 24, 2017 by alexb2448

If there’s one thing the NYPD is used to it is dealing with a whole bunch of bull. But this was different.

According to media accounts, a “rogue bull” that recently escaped from a slaughterhouse in Queens, N.Y., led cops on a “wild chase” that ended badly — for the bull.

Footage shot from a TV news helicopter showed just how wily and determined the bull was. Just when it seemed the police had him trapped, the bull managed to elude them. At one point, he dodged an officer who had “jumped atop an emergency response vehicle.” At other times, the bull showed its prowess by “ducking under yellow caution tape” as it “galloped down the middle of a street and onto a sidewalk.”

Black and white photograph of New York Police Department barriers taken by Alexandra Bogdanovic — NYPD barriers. Photo by Alexandra Bogdanovic

I suppose it would be a stretch to call it a “police-involved shooting.” But the animal, who evaded law enforcement and civilians during its mad romp through the Jamaica and South Ozone Park neighborhoods, reportedly had several tranquilizer darts in its flank by the time the chase ended.

The bull was alive when the pursuit ended in someone’s back yard. However, he died while he was being transported to an unknown destination. The cause of death was “not clear,” according to published reports.

The urban jungle

This wasn’t the first time an animal has given the NYPD a run for its money.

“Cows escaped slaughterhouses at least twice last year, in January and April,” according to media accounts. But I’m happy to report that one of those cases had a happy ending. The escapee got a second chance at life when it ended up at an animal shelter owned by comedian John Stewart.

“In December, a white-tailed buck who was granted a last-minute reprieve from euthanasia after a days-long back and forth between the city and state died in Harlem,” an NBC-TV affiliate reported. “The one-antlered buck died while state officials from the Department of Environmental Conservation were arranging relocation. The city blamed the state for its death; the state blamed the city.”

Leave it to a bunch of politicians to “pass the buck.”

A wing and a prayer

Posted on February 22, 2017 by alexb2448

I sure hope the passengers on four flights from Memphis, Tenn., to various parts of the country last week didn’t get air sick. It would have been a hell of a mess.

You see these weren’t ordinary passengers. These passengers happened to be cats and dogs. And they were on their way to their new homes.

Cute Kitten, courtesy of FURRR 911. Photo by A. Bogdanovic — Bolt, a kitten rescued by FURRR 911, at Puttin’ On The Dog & Cats, Too 2016. Photo by A. Bogdanovic

As The Commercial Appeal reported, a California-based animal rescue group provided the transportation for more than 400 unwanted dogs and cats languishing in Memphis-area shelters.

This was the second such mission for the group since the beginning of the year.

“We’re again here because they needed to go, the shelters are full and they are in absolute dire need of being saved,” said Yehuda Netanel, co-founder of Wings of Rescue.

Bound for better places

Representatives from some of the Tennessee shelters said they were thrilled that the animals were bound for better places.

Alexis Pugh, director of the Memphis Animal Shelter (MAS), said the fact that 25 dogs and 18 cats flown out last Tuesday will get another shot at lives in loving homes is “fantastic.”

Before the animals from MAS took off, Pugh got a chance to speak with her counterpart at their destination — a no-kill shelter in upstate New York.

“Their adoption gallery for dogs is empty. They have zero dogs. So we’re about to fill up their adoption gallery for available pets,” Pugh said.

In other words, it’s a win-win situation for everyone involved.

According to The Commercial Appeal, the director of the smaller DeSoto County Shelter put more than 100 unwanted companion animal flights on the recent Wings of Rescue flights.

“This is what we would do all month,” director Monica Mock told the media. “It’s very nice to move that many animals in one day, especially during the slow time of the year.”

She added that people want puppies, and demand for them is highest in the spring. Sadly, not many people are adopting the adult dogs and cats at the shelter.

“That’s why this is such a wonderful opportunity for us,” Mock explained.

Coming to the rescue

The rescue missions conducted by Wings of Rescue are part of an ongoing effort to save unwanted dogs and cats that might otherwise be euthanized. Specifically, animal rescue groups from states where there are fewer homeless dogs and cats travel to areas where overpopulation is still an issue. In most cases, the goal is to save unwanted dogs and cats in states with “kill shelters.”

At the same time, animal rescue and advocacy groups throughout the United States are also emphasizing public outreach and spay/neuter programs to combat overpopulation. And while they’ve made significant progress in some areas, it is still an uphill battle.

According to the ASPCA:

Approximately 7.6 million companion animals enter animal shelters nationwide every year. Of those, approximately 3.9 million are dogs and 3.4 million are cats.
Each year, approximately 2.7 million animals are euthanized (1.2 million dogs and 1.4 million cats).
About 649,000 animals who enter shelters as strays are returned to their owners. Of those, 542,000 are dogs and only 100,000 are cats.
Of the dogs entering shelters, approximately 35% are adopted, 31% are euthanized and 26% of dogs who came in as strays are returned to their owner.
Of the cats entering shelters, approximately 37% are adopted, 41% are euthanized, and less than 5% of cats who came in as strays are returned to their owners.

You do the math.

Cats crash the party at Westminster Dog Show

Posted on February 20, 2017February 19, 2017 by alexb2448

Yes, this is probably old news by now. But I think it is such a significant development that it bears repeating. The domestic cats’ plans for world domination is finally coming to fruition.

Seriously.

How do I know?

Simple. In an unprecedented feat, a bunch of cats just participated in an agility competition — at the Westminster Kennel Club Dog Show.

“For the first time, felines sidled up to the nation’s premier dog show, as part of an informational companion event showcasing various breeds of both species. It included a cat agility demonstration contest, while more than 300 of the nation’s top agility dogs vied in a more formal competition,” a Connecticut-based NBC TV affiliate reported.

Cat agility at dog show yields mixed reaction

Apparently, this did not sit well with some dog lovers. To Hannah Naiburg of Milford, Conn., for example, the whole situation was just “so weird.”

Personally, I think anyone willing to enter their dog in an agility competition could show a little more flexibility. And some of them did.

Tina Ackerman of Goffstown, N.H., was perfectly fine with the idea of cats participating in agility competitions. Just as long as it’s not her cat.

“Good for them,” she said. “There’s no way we could ever have trained any of our cats to do agility.”

And the winner is…

When all was said and done, a rookie named Bemisu won the feline agility competition. And apparently, it only took her about half-an-hour to learn the ropes.

“I had no idea she would learn so fast,” said her owner Blake Gipson, who also has a pit bull. “She’s smarter than I ever gave her credit for.”

Bemisu’s success didn’t come as a surprise to Vickie Shields, who “helped organize cat agility as a sport” 14 years ago.

Contrary to popular belief, cats aren’t loners, Shields said. And because many cats enjoy chasing toys, training is also easier than most people think, she added.

It all depends on the cat

It’s a good point. After all, even house cats are predators. Their innate need to chase their prey is often manifested as “play.” So it makes sense that some cats enjoy chasing toys on an agility course.

However, I disagree with something else Shields said. She maintained that most cats “are often more motivated by chasing toys than getting treats.” I say it all depends on the cat. And I speak from experience.

When I first got Eli back in February 2008, he was obsessed with food. He was such a glutton that he would wolf everything down within a couple of minutes after I put it down. So in order to teach him patience and discipline, I taught him to sit.

You heard me. I taught my cat to sit.

Here’s how I did it: Whenever I put food on his saucer at mealtime, I told him to come and when I had his attention I held the saucer up in the air, so he had to look up at it. As he did, he naturally ended up in a sitting position. I reinforced all of this by saying “sit.” So he eventually learned to associate the word and his behavior with being fed. And the rest is history.

Today Eli sits on command (when he feels like it). He also comes when he’s called (when it suits him). He meets me at the door (sometimes). He also sleeps on my bed.

Yes, Eli is a very doglike cat. But he is a cat. And he’s awesome.

Crime and punishment

Posted on February 17, 2017 by alexb2448

So here’s a question for you.

How desperate does someone have to be in order to steal quarters from coin-operated washers and dryers? And how much do you think you could get?

Ok. So that’s really two questions. And yes, I am serious. Someone really did that.

According to published reports, Alisha Russell of Syracuse, NY, allegedly stole more than $14,000 worth of quarters from machines in an apartment complex in upstate New York. Russell, who once worked as the leasing agent at the complex where the thefts occurred was recently arrested on grand larceny charges.

Russell reportedly “had a key to the machines and regularly collected money from them as part of her job.” Police say she lost her job for unrelated reasons before the investigation into the coin thefts — which occurred over a 10-month period — began.

Hmm…

How much is that little doggy in the window?

In other news, a Long Island man was also arrested on several charges including grand larceny and identity theft last month.

Police caught up with Victor Franco, 23, after he allegedly used a fake credit card to buy a puppy from a Merrick, NY, pet store. And this wasn’t just any puppy. It was a French bulldog that cost more than $3,000. In fact, the grand total was $3,592.21.

At the time of Franco’s arrest, police said the dog “still hadn’t been returned” to the shop, and added that it would be returned if they found it.

Franco also stands accused of using a fake credit card to buy a cell phone worth more than $200.

What is wrong with people?

To summarize, two people in two different parts of New York were arrested on grand larceny charges after they allegedly committed two very different crimes.

In one case, someone allegedly stole $14,000 worth of quarters from coin-operated washers and dryers at an apartment complex in upstate New York. In the other case, someone allegedly used a fake credit card to buy an expensive puppy dog from a Long Island pet store.

All of which leads to yet another simple — but rhetorical — question.

What is wrong with people?

And on that note, have a great weekend everyone…

A belated Valentine’s Day story that will make you smile

Posted on February 15, 2017 by alexb2448

Here’s a belated Valentine’s Day story that will melt your heart — or at the very least, make you smile. And God knows we can all use some good news these days.

With a little help from their friends, some service dogs in training delivered Valentine’s Day gifts to businesses throughout Indianapolis yesterday. Their mission was part of a fundraiser called Puppy Love Valentine 2017, with proceeds benefiting the Indiana Canine Assistant Network (ICAN).

As Denise Sierp, ICAN’s director of outreach and development told Good Morning America (GMA), “The first reaction we get is they think their husband, or whoever gave the Valentine, actually gave them the puppy. Then everybody in the office starts coming out and everybody gets excited.”

In some cases, people are so thrilled that they drop what they’re doing and take time to play with the dogs, Sierp said. Sometimes they even “get on the floor with the dogs and they roll around,” when that happens it is “pure joy,” she added.

A gift that keeps on giving

In addition to getting a chance to play with some truly awesome and adorable dogs, recipients get gift bags containing “cookies, artwork designed by dogs, a heart-shaped candle holder, handmade scarf and greeting cards featuring the ICAN service dogs.”

The prison inmates in the ICAN program who are responsible for training the service dogs also make a lot of the items in the gift bags, GMA reported.

According to Sierp, ICAN’s founder, Dr. Sally Irvin, started the program because she thought it could benefit everyone involved. And it has.

“She saw that it rehabilitated the inmates and provided them with loyalty and trust, which is huge,” Sierp told GMA. “They find freedom in training the dogs within the prison’s four walls.”

Since its humble beginnings 15 years ago, the ICAN program that gives inmates a second chance by allowing them to train the service dogs, has expanded considerably. According to GMA, it now has approximately 50 dogs “in training on a continual basis at the three local prisons, including a women’s prison.”

The easiest and most positive way to turn something around is to give to give back. — Andrew Cole, assistant superintendent of reentry at Pendleton Correctional Facility

As the person in charge of ICAN’s service dog program at a maximum security prison, Andrew Cole has witnessed just how much the program means to the inmates there.

“What we challenge everybody here on is that the easiest and most positive way to turn something around is to give back,” Cole told GMA. “This is selflessness on the ultimate level.”

There is a great deal of pride and satisfaction in knowing that each trained at the facility will have a positive impact on someone’s life for years to come, Cole added. And at no time is that more evident than at the ICAN “graduation” programs held when the dogs have completed their training.

“It’s an amazing experience to witness and the handlers take pride in that,” Cole said. “We’ve seen handlers who get attached to the dogs but at the same time when the dog leaves they know the dog is going to help somebody lead their life easier for the rest of their life.”

Animal law roundup

Posted on February 13, 2017 by alexb2448

At a time when most Americans view companion animals as family members, authorities are cracking down on people engaged in any unscrupulous activities that are harmful to dogs and cats.

Just recently, New York Attorney General Eric Schneiderman announced sanctions against a former Westchester County pet shop owner. Schneiderman’s office has been investigating the man, Richard Doyle, for more than a year and determined that he “sold animals that had serious medical issues, despite claims of being healthy.”

As a result, Doyle can no longer sell pets in New York state. Furthermore, he must surrender all licenses associated with the sales of animals and pay $20,000 in fines. According to media accounts, customers that bought sick animals from Doyle will get most of the money.

“Disturbing cases like these reaffirm my commitment to encouraging those in search of a new pet to adopt from a local shelter, rather than purchasing an animal. This gives an animal in need a home, and gives the consumer the peace of mind that they are receiving a healthy pet,” Schneiderman said.

The Connecticut connection

In an unrelated case, Doyle pleaded guilty to five counts of animal cruelty in Connecticut. The charges reportedly stemmed from arrests at his pet store in Danbury, where he was accused of “of illegally performing surgery on and failing to provide proper care for ill animals.”

As a result, he is also banned from having “any affiliation” with pet stores or animal rescue shelters there for three years.

More than 70 dogs confiscated from NJ pet store

Meanwhile, in New Jersey, the SPCA confiscated more than 70 dogs from an East Hanover pet store where the owner “allegedly failed to provide records and veterinary care for the dogs.”

The owner, identified as Vincent LoSacco in published reports, is now in trouble with the town health department in addition to being investigated by the state attorney general’s office.

In addition to the East Hanover shop, authorities have reportedly closed two of LoSacco’s pet stores in New Jersey and one in New York.

As nbcnewyork.com reports, one of the New Jersey locations closed after LoSacco was charged with 267 counts of animal cruelty late last February. The other “had also been the target of investigations and complaints.”