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

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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.

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

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.”

Cats crash the party at Westminster Dog Show

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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.

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

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.

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

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

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

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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

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.”

More than 100 puppies rescued after wild ride

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If ever there was a heartbreaking and heartwarming story, this is it.

According to published reports, police rescued more than 100 puppies — described as “varying breed types (including many toy and smaller breeds)” — after the truck carrying them crashed in upstate New York.

“The driver, Emily Woodrum of Missouri, was delivering 103 puppies of varying breeds to local pet stores on Tuesday when she lost control of the truck and crashed in the town of Avoca, New York,” NBC News reports.

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

The speeding vehicle — reportedly bound for “local pet stores” — ended up in a ditch, where it overturned. Luckily, only five puppies were hurt. Of those, only two were hurt badly enough to require extensive treatment.

That’s the good news. Now here’s the sad part.

The Finger Lakes SPCA, which responded to the scene and cared for more than 80 puppies after the Jan. 24 wreck, suspects that they came from a puppy mill. With no proof, however, the animals’ fate is uncertain.

“No health issues that would indicate an animal cruelty concern could be ascertained by veterinary medical professionals who examined the puppies. We are not aware of any other specific laws that would have allowed the transfer of ownership of these puppies to our agency nor were we directed by law enforcement to retain the animals,” the organization said in an update posted on its website.

“While we too abhor puppy mills, we know of no means to legally confiscate animals only because there is a strong likelihood that a puppy came from one.”

With no other recourse, the Finger Lakes SPCA said it returned all but four of the puppies to the transportation company the next day. The company did cover costs stemming from the puppies’ medical care and shelter, the organization said.

As of last Wednesday, the Finger Lakes SPCA said it was pursuing a “formal release of ownership for these animals.”

Courts beginning to view pets as more than property

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When it comes to an animal’s status under U.S. law, there seems to be little, if any room for debate. Legally, an animal is property… and that’s that. Or is it?

According to recent reports, a recent change to Alaskan divorce laws may herald a significant shift in the way courts treat our pets — or more accurately, how they decide who gets custody of the pet(s) when a marriage ends.

Alaskan divorce courts are now the first in the country where courts must consider “the well-being of the animal” while determining custody. The amendment to the state’s divorce laws also permit judges to order joint custody of the pet(s).

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

“It is significant,” David Favre, a Michigan State University law professor who specializes in animal law, told The Washington Post. “For the first time, a state has specifically said that a companion animal has visibility in a divorce proceeding beyond that of property — that the court may award custody on the basis of what is best for the dog, not the human owners.”

The Animal Legal Defense Fund (ALDF), a staunch advocate of such measures, concurs.

“Even though judges throughout the US can already choose, in their discretion, to consider an animal’s best interests, no other state legislature has required judges to do so when adjudicating property distribution upon the dissolution of a marriage,” the organization said in a recent blog.

And to the lawmaker who sponsored the bill, it’s simply common sense. As long as people think of their pets as family, the courts should treat them accordingly, she says.

“Pets are truly members of our families,” Rep. Liz Vasquez says. We care for them as more than just property. As such, the courts should grant them more consideration. It’s only natural.”

Additional changes to Alaska laws that just took effect “allow companion animals to be included in domestic violence protective orders, and permits a court to order that the abuser pay financial support for a pet in the care of the human victim, if that abuser has a legal obligation to care for the pet.”

For pet owners, this is a matter of life and death

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As many of you know, Eli, my best friend and the mascot here at In Brief Legal Writing Services, had a couple of health scares last year. In fact, it was roughly a year ago this week that he had surgery to remove a small (and thank goodness relatively benign) growth on his back.

With that being stated, I am happy (and relieved) to report that Eli’s most recent vet visit (for his annual checkup and shots) resulted in a clean bill of health. You see, I love him more than life. And even though he’s 11 and I know he won’t live forever, the thought of him getting really sick scares me to death.

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

And frankly so does this.

According to a recent CNN report, the U.S. Food and Drug Administration (FDA), has announced that certain skin cancer creams that prevent or fight the disease in people can be lethal for our pets. Specifically, the FDA is warning the public about creams that contain  fluorouracil or 5-FU. Common brand names are Carac, Efudex and Fluoroplex.

The FDA issued the warning after learning about five cases in which animals died after swallowing the cream.

“In one case, a playful dog punctured a tube of fluorouracil cream. Within two hours, the animal began vomiting, experienced seizures and died 12 hours later,” CNN reports. “In another case, a dog ingested a tube of the cream. Though the owner rushed the dog to a veterinarian, who immediately began to treat the animal, the dog’s condition worsened and after three days, the owner deemed it necessary to euthanize the pet.”
Because even a small amount can be deadly, experts are advising pet owners to store the cream in a place where their animals can’t get at it, and to discard it properly when it’s no longer needed.
Additional precautions are warranted. Specifically, the FDA recommends “patients safely discard or clean any cloths or applicators used when applying the cream.” The agency stresses that “it’s also important to make sure clothes, carpets, floors and furniture contain no creamy residue. Hands must also be cleaned after using the cream.”
Most importantly, experts urge pet owners who must use cream containing fluorouracil to avoid contact with their pets after they’ve applied the medicine. This is especially crucial for dog owners, whose animals are likely to lick the areas where the cream is typically applied.
“Immediately consult a veterinarian if a pet becomes exposed to the medicine or begins to vomit, have seizures or show other signs of illness,” the FDA warned.

By hurting animals to get drugs, addicts hit a new low

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Just when I thought I’d heard (and seen) it all, this is a new low.

According to published reports, veterinarians in upstate New York are voicing alarm about cases in which pet owners deliberately hurt their animals in order to get painkillers.

“There’s unfortunately always the risk of abuse with any of these medications, and it’s a sad reality we have to be aware of,” veterinarian Lexi Becker told an NBC TV affiliate.

When it comes to Tramadol, Becker definitely has cause for concern. Although it is generally used to treat discomfort in dogs and cats suffering from arthritis, it also appeals to people with certain proclivities. Because it’s cheaper than Oxycodone, some addicts will stop at nothing in order to get their hands on it.

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

As a result, New York State lawmakers have created strict rules with regards to prescriptions.

“There’s a new regulation that came out in January of this year for New York State that basically restricts how long you can prescribe it initially, so there’s only a seven-day course that you can initially prescribe,” Becker said.
Veterinarians also take certain precautions when prescribing Tramadol, Becker told News 10.

“We are very, very strict about following the rules as to how quickly they can have a refill,” she said. “We will only give certain amounts of refills. We’ll only give how much the patient should be receiving.

Concern about Tramadol abuse are hardly limited to New York, however.

As the New York Post reports, Oregon authorities “seized 100,000 tramadol pills and rescued 17 dogs living in conditions so squalid, there were dead rats in their drinking water” in a raid outside Portland in 2016.

Police also made four arrests in the case. While the suspects “claimed to be breeding AKC-registered puppies,” police believe they were actually “running a thinly disguised opioid distribution ring.”

If so, it may well be the largest operation of its kind involving dogs, The Post reports.

Smaller cases are just as disturbing — if not more so. For example, the suspect in a Kentucky case was arrested and charged with “using a disposable razor to slice open the leg of her 4-year-old retriever on two separate occasions to get her hands on tramadol,” The Post reports.

Chad Bailey, the veterinarian who initially treated the suspect’s dog, said he had a gut feeling something was amiss when the owner quickly requested a refill.

“What’s scary is it took me two times to pick up on what was happening,” Bailey told The Post. “It worries me about the instances we miss.”

Yes, there’s protective custody for pets, too

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In a recent article, Martinsville Bulletin reporter Amie Knowles posed an interesting and important question.

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

“When pet owners are arrested, what happens to their pets?”

In Martinsville (Virginia), the issue surfaced when police arrested the owner of a dog and six cats on drug charges — and her house got condemned.

“In this particular case, Martinsville building officials condemned Roknich’s house due to ingress/egress and sanitation issues” after authorities executed a search warrant there, the Bulletin reported.

“With the owner taken into custody and the house being condemned, we didn’t feel it was safe to leave the pets there,” Martinsville Police Chief Sean Dunn said.

They ended up at the pound, instead. At least, the dog did. The cats went to the local SPCA.

SPCA of Martinsville-Henry County Executive Director Nichole Harris told the Bulletin that all six cats, which are being housed at the shelter, appear to be doing well.

“The pound’s not really set up to house felines,” Harris said, while the SPCA had available space.

Although they ended up in different places, all of the animals will receive the medical care and attention they need.

According to Dunn, the facilities will provide short-term care for the animals’ food and medical costs could be at the owner’s expense if arrangements are not quickly made. He also encouraged her friends or relatives to inquire about the pets and take them in if possible.

“We provide custody holds until something is facilitated,” Harris told the Bulletin. There’s no limit on how long the SPCA will provide a custody hold for an animal, he added.

“Especially if it’s an investigated case, it might take three or four months depending on court dates and if there’s a continuation,” Harris said. “It’s been four or five months before.”

Whatever you do, don’t give your kid a pet for Christmas

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In Brief Legal Writing Services owner Alexandra Bogdanovic's cat, Eli.
Eli under the Christmas Tree. Christmas 2013.

No matter how much little Sally begs, no matter how many times little Johnny promises to be good, and no matter how “cute” you think it would be — do everyone a favor. Please, please, please do not give your child a pet for Christmas. Or Hanukkah, or any other holiday you celebrate at this time of the year.

True, lots of dogs and cats desperately need good homes. And yes, adopting a pet is wonderful. It’s fantastic. Speaking as someone who adopted/or otherwise “rescued” all three of my cats, I highly recommend it. But not if you’re doing so for the wrong reasons.

Think about it. By definition, a domestic animal is largely dependent on people for survival. So whether you adopt a dog or cat from the local pound, or buy a pet from a breeder, you are responsible for that animal’s well-being — for the rest of its life. That means you’d better be prepared to provide that animal with food, shelter, and medical care — for the rest of its life. That also means that you’d better be prepared to meet that animal’s emotional needs — for the rest of its life.

And yes, our pets do have emotional needs. After all, they are incredibly intelligent (probably more intelligent than most people give them credit for). They are incredibly perceptive. They can express themselves — and they have phenomenal memories.

They are not just “property” as defined by American law. They are not just “things” as defined by certain humans imbued with  an overwhelming sense of their own superiority. They are not disposable.

Consequently, reputable shelters frown on “impulse adoptions,” and have policies in place to prevent them. At the shelter where I volunteer, visitors must have an appointment in order to meet the dogs available for adoption. “Drop-ins” are encouraged to visit our website to learn about the available dogs and fill out a pre-adoption application before making an appointment. Prospective adopters that make it through the initial screening process must also provide references before the final adoption goes through. Depending on the circumstances, the entire process can take several days.

Think about it. You can’t adopt a child on a whim. So why should you be able to adopt a pet on an impulse?

To learn more about why giving your child a pet for the holidays is a bad idea, click here.