After a three year battle, the Texas Supreme Court rules on who owns a dog. “A beloved companion dog is not a fungible, inanimate object like, say, a toaster,” the opinion stated, citing a previous Texas Supreme Court case.
His owner did try to go by BARC before he was transferred. But they refused to let her go back and check then told her checking the website was just as good. Being part of the “normal” general public who had never lost a pet before and had no prior dealings with animal controls and rescues, she believed them.
The full ruling from SCOTX is very interesting reading as well:
And of course, the ASPCA publicly commended GHGSDR after a lower court ruled in their favor. I somehow think there will be crickets from them after this ruling:
A couple of things I find very interesting in the full ruling.
First, the statement made in passing – twice! – that ‘ … putting down an adult dog is arguably so inconsistent with the rights of the original owner as to imply a divestment of property rights.’ This is in reference to the local laws allowing killing of unredeemed dogs, which was also interestingly specific, in that apparently the way it’s written it may only apply to dogs wearing tags at the time of impound.
Second, this: ‘If GHGSDR is suggesting that Monte was mistreated by the Liras, such mistreatment would not entitle GHGSDR to keep Monte. There is a separate statutory regime for removing an animal from its owner due to animal cruelty.’
Proposed law in MA, would require EVERYONE who breeds even a single litter, to purchase a license (MINIMUM FEE $100) and submit to a potentially unannounced inspection. Even if you’re just giving away the results of the breeding.
It does look wonderful. I just don’t understand how it would work, logistically. Every dog must be chipped to help track medical stuff, but still… how do you know when one gets sick and wanders off to hide under a bush? Does every day end with a nose count? How do you know when one is off his feed? Unless you have a huge number of volunteers who work in quadrants with awesome documentation…
I don’t know, maybe I’m overthinking it. It seems both lovely and impractical at the same time.
They have had an interesting marketing campaign, called Unique Breed, to increase adoptions. It would be heaven to visit and walk/run with the dogs, but I don’t think I could leave and not bring one home.
Passed a couple of trucks filled with chickens this morning on the freeway. I was startled to see a couple chickens riding OUTSIDE the truck! http://ow.ly/i/ibYMY
Shit. Reminds me of the time I saw a truck filled with ducks driving down the highway at 70 mph. Thing is… they were just open cages on the sides and it was snowing with bitter winds.
All I could think was how horrible it must be for the ducks and how it couldn’t possibly be legal to transport them like that. But this was in the days before cell phones and I had no idea what I could do about, not even being sure what county I was in or who I could call.
OmyDOG! That is just EGREGIOUS abuse BY THE SHELTER ‘VET’ who should have their license stripped AND be fined AND sued!!! How the HELL could a neuter surgery even be considered important when Jasper’s leg was in such horrendous condition. That is one sadistic lunatic of a so-called ‘veterinarian’ and everything should be done to make sure they never put their hands on another animal ever! Please try to find a lawyer – the recent Texas court ruling mentioned at the beginning of the comments here might be helpful in some way. I am SO sorry for your loss!
After a three year battle, the Texas Supreme Court rules on who owns a dog. “A beloved companion dog is not a fungible, inanimate object like, say, a toaster,” the opinion stated, citing a previous Texas Supreme Court case.
http://www.texastribune.org/2016/04/01/texas-supreme-court-rules-on-who-owns-dog/
I found this blog post which has a little more information:
http://texasdoglawyer.com/2014/03/sargent-monte-rescue-v-owners/
His owner did try to go by BARC before he was transferred. But they refused to let her go back and check then told her checking the website was just as good. Being part of the “normal” general public who had never lost a pet before and had no prior dealings with animal controls and rescues, she believed them.
The full ruling from SCOTX is very interesting reading as well:
http://docs.texasappellate.com/scotx/op/14-0964/2016-04-01.pc.pdf
Basically, despite the fact they mean to imply that they have the right to sever ownership after a few days, legally they can’t.
And of course, the ASPCA publicly commended GHGSDR after a lower court ruled in their favor. I somehow think there will be crickets from them after this ruling:
http://www.aspca.org/about-us/press-releases/aspca-commends-texas-court-appeals-ruling-confirming-legitimacy-transfers
A couple of things I find very interesting in the full ruling.
First, the statement made in passing – twice! – that ‘ … putting down an adult dog is arguably so inconsistent with the rights of the original owner as to imply a divestment of property rights.’ This is in reference to the local laws allowing killing of unredeemed dogs, which was also interestingly specific, in that apparently the way it’s written it may only apply to dogs wearing tags at the time of impound.
Second, this: ‘If GHGSDR is suggesting that Monte was mistreated by the Liras, such mistreatment would not entitle GHGSDR to keep Monte. There is a separate statutory regime for removing an animal from its owner due to animal cruelty.’
Proposed law in MA, would require EVERYONE who breeds even a single litter, to purchase a license (MINIMUM FEE $100) and submit to a potentially unannounced inspection. Even if you’re just giving away the results of the breeding.
http://www.sportsmensalliance.org/news/alert-massachusetts-senate-bill-targets-all-dog-breeders-and-sellers/
(I am unable to find this proposed law, either it’s to new for me to find or they have the wrong numbers in the article)
Gosh, what could go wrong?
Sheesh.
Folks in MA who wish to discuss this law further, there will be a meeting on April 14th, in Littleton MA
https://www.facebook.com/photo.php?fbid=1145786482118970&set=o.460247070692534&type=3&theater
the link didn’t come through
“https://www.facebook.com/photo.php?fbid=1145786482118970&set=o.460247070692534&type=3&theater”
There, you’ll have to copy and paste it without the ” on each end, sorry.
This place looks wonderful, 900 acre free ranging dog shelter. http://www.trueactivist.com/the-land-of-the-strays-houses-900-free-roaming-adoptable-dogs-and-its-paradise/?utm_source=fb&utm_medium=fb&utm_campaign=antimedia
It does look wonderful. I just don’t understand how it would work, logistically. Every dog must be chipped to help track medical stuff, but still… how do you know when one gets sick and wanders off to hide under a bush? Does every day end with a nose count? How do you know when one is off his feed? Unless you have a huge number of volunteers who work in quadrants with awesome documentation…
I don’t know, maybe I’m overthinking it. It seems both lovely and impractical at the same time.
They have had an interesting marketing campaign, called Unique Breed, to increase adoptions. It would be heaven to visit and walk/run with the dogs, but I don’t think I could leave and not bring one home.
http://barkpost.com/good/land-of-the-strays-paradise/
Apparently the new canine flu can sicken cats, as well, but it’s said not to be fatal in cats.
http://chewonthis.maddiesfund.org/2016/03/new-canine-influenza-virus-can-infect-sicken-cats/
Passed a couple of trucks filled with chickens this morning on the freeway. I was startled to see a couple chickens riding OUTSIDE the truck!
http://ow.ly/i/ibYMY
Shit. Reminds me of the time I saw a truck filled with ducks driving down the highway at 70 mph. Thing is… they were just open cages on the sides and it was snowing with bitter winds.
All I could think was how horrible it must be for the ducks and how it couldn’t possibly be legal to transport them like that. But this was in the days before cell phones and I had no idea what I could do about, not even being sure what county I was in or who I could call.
Fort Worth animal control “vets” strike again:
There is a written discription of severe injury and alteration without proper medication, but no graphic photos
https://www.facebook.com/courtneyk44/posts/1074889829218860
OmyDOG! That is just EGREGIOUS abuse BY THE SHELTER ‘VET’ who should have their license stripped AND be fined AND sued!!! How the HELL could a neuter surgery even be considered important when Jasper’s leg was in such horrendous condition. That is one sadistic lunatic of a so-called ‘veterinarian’ and everything should be done to make sure they never put their hands on another animal ever! Please try to find a lawyer – the recent Texas court ruling mentioned at the beginning of the comments here might be helpful in some way. I am SO sorry for your loss!