Legal Alerts

In an attempt to combat puppy mills and backyard breeding operations, are Wisconsin shelters and animal control facilities setting rules they will be unable to comply with?

AB 250, known as the Puppy Mill Bill, was passed in 2009 in an attempt to curtail high volume dog breeding. But the rules and licensing it mandated also apply to animal control facilities and humane societies.

This year, there is a push for more stringent regulations including requirements for socialization programs and expanded cage size. While this may appear good on the surface, it may deal a crushing blow to shelter organizations. Having spent my fair share of time in a variety of Wisconsin shelters, as well as being employed by one, I know that many facilities will not be able to meet these requirements.

Continue reading "In targeting puppy mills, are shelters hurting themselves?"

For twenty years, the American Pit Bull Terrier -- or any dog that may look like one -- has been banned from the city limits of Denver. That may be changing, thanks to lawsuits filed against both Denver and Aurora, Colorado, for discrimination in the ability for disabled people to own service dogs.

Two American veterans are leading the charge in what we pibble owners hope is a small chink in the armor of the law. From Face the State:

Another motivating factor for city officials are regulations enacted recently by the Department of Justice that confront breed restrictions by state and local governments as "limiting the rights of persons with disabilities under the ADA." A memo from the department says that decisions as to whether a dog should be permitted under the umbrella of "service animal" should be "based on that particular animal's actual behavior or history - not based on fears or generalizations about how an animal or breed might behave."
To read the new amendment click here.
It appears that Denver hopes that passing this bill to allow pit bulls as service dogs will get the city on the right side of the ADA while still maintaining the integrity of the breed ban. But, when put into practice, this sliver of an exception could likely turn into a barn door as officials attempt to determine which pit bulls are legitimate service animals and which are not.

Denver received national attention in 2005 when they earned the right to kill any dog that looks like it may be an American Pit Bull Terrier (APBT). The state of Colorado forbids breed specific legislation, but Denver won the right in a court battle citing "home rule" privilege The ban includes up to a year jail time for owners of an APBT who refuse to surrender their dog as well as a $999 per day fine. In addition, this law also makes it illegal for shelters to harbor the breed. Even for truckers and travelers with dogs who resemble APBTs and who were unaware to drive through Denver you need a permit face having their dogs impounded and potentially killed.

Here's an idea: Instead of banning and killing dogs, let's kill the ban.

From Alley Cat Allies, the nation's leading advocacy group for feral cats:

We need your help today! As early as tomorrow, the California Assembly will vote on S.B. 250, a bill harmful to cats. Thanks to your calls and emails, we successfully urged the Assembly to vote this bill down last summer. But the bill is back up for consideration, and it is just as bad now as it was last year. We need you to urge the California Assembly to stop this bill once again.

Please act now and urge your Assemblymembers to oppose S.B. 250.

S.B. 250 is bad for cats:

The bill targets people who care for stray and feral cats. Any caregiver unable to trap and neuter a cat would be labeled a lawbreaker under the bill. Cat caregivers should be encouraged, not threatened with violating the law. By discouraging feral cat care, the bill could actually send more feral cats to pounds and shelters. Feral cats are not adoption candidates, so being sent to a shelter is a death sentence.
The bill also targets low-income families and their pets. A recent peer-reviewed study by Alley Cat Allies found that among low-income owners of intact pet cats, cost was one of the main obstacles to spaying and neutering. But the bill does nothing to lower the cost or expand the availability of spay/neuter services.
According to the California Department of Finance, the bill would cause more owners to surrender their animals. This would increase spending costs to state and local governments for the impoundment, care, and killing of more animals.

Take action today! Tell the California Assembly that this bill would hurt cats, harm caregivers and owners, and unnecessarily cost California money.

Help us stop this bill: urge your Assemblymembers to oppose S.B. 250 today.

And from PIJAC, news from Tennessee:

The Memphis City Council is considering an amendment to the city’s Animal and Fowl chapter of the Code of Ordinances to require mandatory spay/neuter of cats over the age of 6 months and dogs that weigh 30 pounds or more. Spay/neuter requirements have also been proposed for dogs declared dangerous/vicious and dogs normally tethered for two hours or more. The ordinance passed out of the Public Services and Neighborhoods Committee on August 10, 2010 and is expected to be voted on by the full Council at its September 28, 2010 meeting.

The Impact:

The proposed ordinance states that “no person may own, harbor or keep within the City of Memphis, a dog weighing 30 pounds or more or a cat over the age of six months that has not been spayed or neutered unless the dog or cat is exempted”.

The following animals are exempted from mandatory spay/neuter:

Dogs weighing less than 30 pounds;
Dogs documented as having been appropriately trained and used by public law enforcement agencies for law enforcement activities or such dogs designated as breeding stock by an appropriate agency or organization approved by the Director of Memphis Animal Services;
Dogs having been appropriately trained and used as service dogs (i.e. guide dog, hearing dog, assistance dog, seizure alert dog or social/therapy dog) or such dogs designated as breeding stock by an appropriate agency or organization approved by the Director of Memphis Animal Services;
Dogs documented as having been appropriately trained and being used for search and rescue agencies or such dogs designated as breeding stock by an appropriate agency or organization approved by the Director of Memphis Animal Services;
Dogs or cats certified by a licensed veterinarian as having a health reason for not being spayed/neutered;
Dogs which are appropriately trained and used for herding of other animals (i.e. livestock guardian dogs, hunting dogs or such dogs designated as breeding stock by an appropriate agency or organization approved by the Director of Memphis Animal Services;
Dogs or cats boarded in a licensed kennel or business, which boards such animals for professional training or resale;
Dogs or cats registered with the American Kennel Club, Cat Fancier Association or other recognized registry or trained and kept for the purpose of show, field trials or agility trials;
Dogs or cats whose owner has obtained an unaltered animal permit issued by the licensing-collecting agent of the City, or any agency authorized by law to issue such permit.

In order to obtain an unaltered (Fertile Animal) permit, applicants must apply for unaltered permits with the City of Memphis, Division of Public Services. The owner of a fertile animal will have to pay the City a one-time $200.00 permit fee to keep a fertile animal within the City. Permit holders may not whelp more than one litter per female dog in any 12-month period and no more than one litter per domestic household in any 12-month period.

Anyone found in violation of this ordinance will be fined $50 and court costs. The fine will be waived for first time offenders if proof is provided that the dog or cat is/or has been spayed/neutered by the date of the hearing. For second time offenders, the Court may enforce the $50 fine plus costs and may hold the owner in Criminal Contempt and require the owner to prove that the animal has been spayed/neutered.

The Council is also considering an amendment to the Dangerous/Vicious Animal Ordinance to require a fertile dog that has bitten or attacked to be spayed/neutered and to declare any dog that has bitten once and been found running at large as dangerous/vicious.

Additional amendments being considered would require tethered dogs to also be behind a fence and dogs tethered for two hours or more be spayed/neutered. The council is also considering raising annual dog license fees from $15 to $35 for fertile animals and eliminating the $5 fee for sterile animals.

PIJAC Position:

PIJAC opposes a general ban on intact animals. The pet trade widely endorses spay-neuter, where appropriate, but such a decision should be made on a case-by-case basis by pet owners after consultation with their veterinarian. Pet owners should not be subject to punitive fees because spay/neuter is not a desirable course of action in their particular circumstances. Targeting animals of a certain weight with a sterilization requirement does not serve any public interest and is inappropriate.

Recommended Action:

The Council’s Committee on Public Services and Neighborhoods passed the proposed ordinance and amendments on August 10, 2010. The full committee is set to vote on the proposals at its September 28th meeting. Persons concerned about the impact of this proposal are encouraged to contact members of the City Council to voice concerns. Click here for Councilmember contact information. For those who wish view text of the proposal, click here.

Those having questions about this proposal should contact PIJAC’s Bambi Osborne via email at bambi@pijac.org or by phone at 202-452-1525, ext. 105.

kingsnake.com founder Jeff Barringer interviewed a number of attendees at the PIJAC/USARK Reptile Summit in Tinley Park this evening, part of the NARBC Conference and Tradeshow.

First is Bill Brant of The Gourmet Rodent, and PIJAC's representative at the summit.

Bill Brant

Next is Bob Clark of Bob Clark Reptiles, a well-known breeder of several of the species on the proposed list of injurious species.

Bob Clark

Last is Jeff Ronne, who as The Boaphile breeds Boa Constrictors and also owns Boaphile Plastics, which manufactures reptile cages. He is also on the Board of USARK.

Jeff Ronne

Earlier this evening, we posted Jeff's interview with Bob Ashley and Brian Potter; that interview is online here.

[UPDATES] Chad Brown, a former all-pro linebacker for the Pittsburgh Steelers, Seattle Seahawks and New England Patriots, is a long time reptile breeder and operates Pro Exotics, Ship Your Reptiles and Tempgun.com, all based out of Littleton, Colo.

Chad Brown

Mike Wilbanks operates Constrictors Unlimited out of Oklahoma City, Oklahoma.

Mike Wilbanks

I am liveblogging the PIJAC/USARK reptile summit on the night of Friday, Feb. 12, from Tinley Park. If you'd like to follow along, this is how it works:

The liveblog is under the jump. Each new update will be added at the top, so if you want to read it chronologically, start at the bottom of the post.

Simply hit refresh every now and then to see the new material.

Anything not in quotation marks is a paraphrase rather than a direct quote, and because I'm doing this live, there will be typos.

You can follow along at the kingsnake.com Facebook page if you want to see photos from the event, but the liveblog is only happening here.

Follow under the jump for liveblogging...

Continue reading "Liveblogging the PIJAC/USARK reptile summit"

On Friday, February 12, from 7-11 PM Eastern Time, we'll be offering live coverage of the PIJAC/USARK Reptile Summit in the kingsnake.com chat room and on the kingsnake.com blog.

kingsnake.com's Cindy Steinle will begin the evening with a liveblog from the PIJAC/USARK Reptile Summit in Tinley Park, and follow it up with live streaming interviews of attendees.

The summit will focus on the future of the reptile hobby in the face of mounting legislative threats. We'll be interviewing Kevin McCurley and Ralph Davis, and may also be speaking with PIJAC's Jamie Reasor, Brian Potter, Jeff Ronne, Rob Carmichael, Garric Demeyer, Ken Foose and Robbie Kez, as well as other advocates, activists, and herpers present at the event.

To listen to the interviews, just drop into the the kingsnake.com chat room anytime after 8 PM Eastern Time. If the stream window says "on air," it means we're streaming! If not, check back later, or drop in at the liveblog and see if we're still updating there.

In yet another attack on the reptile community, today Secretary of the Interior Ken Salazar announced that the U.S. Fish and Wildlife Service will look to list the "Big 9" from the USGS survey published in October on the Lacey Act as injurious species:

Secretary of the Interior Ken Salazar today announced the U.S. Fish and Wildlife Service will propose to list the Burmese python and eight other large constrictor snakes that threaten the Everglades and other sensitive ecosystems as "injurious wildlife" under the Lacey Act.

Salazar made the announcement at the Port of New York, which serves as the largest point of entry in the nation for imports of wildlife and wildlife products. Last year, U.S. Fish and Wildlife Service Inspectors at John F. Kennedy International Airport handled more than 27, 000 separate wildlife shipments valued at more than $1 billion, or 16 percent of all U.S. wildlife imports.

The proposal, which will be open to public comment before Salazar makes a final decision, would prohibit importation and interstate transportation of the animals.

"The Burmese python and these other alien snakes are destroying some of our nation’s most treasured – and most fragile – ecosystems," Salazar said. "The Interior Department and states such as Florida are taking swift and common sense action to control and eliminate the populations of these snakes, but it is an uphill battle in ecosystems where they have no natural predators. If we are going to succeed, we must shut down the importation of the snakes and end the interstate commerce and transportation of them."

This allows us yet another opportunity to refute the bad science involved with both HR2811 and S373. The FWS will publish the proposed rule change in the federal register in early February.

Once it's published, the public will have sixty days to offer comment, after which the waiting game begins again.

As soon as the comment period opens, we'll let you know what action to take, and where.

Even now, it's not too late -- or too early! -- to make calls, reach out to your senators and representatives. Let them know this proposal is based on bad science, that you're part of the reptile community and that you vote!

I'm blessed that by the time I started getting involved in reptiles, many great woman had already paved the way. I'm also blessed to have a father who always raised me to think I could do anything a boy could do.

Women being interested in herps was considered unusual at one time -- in fact, it was unusual at one time! And many non-herpers might still think that's the case. But all you have to do is look around a herp show -- or at kingsnake.com's user stats -- to see that they're wrong.

Forty-six percent of our users are female, from young girls getting their first reptile to women who breed on a scale large or small, to women in herpetological societies, field research and zoology.

Giving a face to women in herps is one of the reasons I love working the alligator pit at the annual Chicago Herpetological Society's Reptile Fest. This is the nation's largest all-educational reptile show, hosted every April.

Alligators are a huge draw, and a pit of alligators is an even bigger draw. I usually "man" it for a few breaks each weekend, and one year assisted Dan for the entire weekend.

The event itself draws from a bigger pool than just reptile folks. It draws a lot of families looking for something both fun and educational to do with their children. As I climb into the enclosure amid a selection of crocodilians, I always see some looks of awe from girls. I'm also always asked if I'm afraid. And, usually, I'm asked if I'm afraid of the alligators because I am a girl.

I enjoy the time I spend in there with Dan and Bob because it helps the little girls there watching learn that a girl can. As cheesy as they were the Spice Girls were right with their idea of "girl power." I always hope I can inspire one girl to avoid the fears and move forward in reptiles.

One of the leading women in our industry is Tracy Barker of Vida Preciosa International (or, as we all know it, VPI); that's her posing with me in the photo above.

When I received a call from her this week regarding the bills our industry is currently fighting, I had an amazing epiphany. We were missing out on a whole army of supporters for the cause.

Tracy and her husband Dave have been very vocal opponents on the front lines fighting these bills, and Tracy is looking to compile information on us women. As you can see from her attached letter, she's planning to use the information to garner support for the hobby from women-specific organizations. She's looking to preserve this hobby for everyone. Here is her letter:

Dear Cindy,

As you know we are working hard to amend S373.

One of the core concerns I have is the affect this bill will have on women herpetologists and herpetoculturists.

Over the past 35 years that I have been involved in herpetoculture, a huge change has happened that involves the increased participation of women in this hobby, academic studies and business.

In the beginning of my career I would attend professional zoological meetings where I was the only woman speaker. Over the past three decades I have been thrilled to see more and more women who have developed academic credentials as well as professional credentials and participated in educational programs, scientific research, and business surrounding herpetology and herpetoculture.

At VPI we have had 4 women interns that have gone on to become a PhD. graduate biologist, a professional at a major international zoo, an accredited science teacher in the public school system, and a veterinary technician.

Herpetoculture and herpetology are two viable areas where girls can become interested in science at an early age and have academic and business careers that may lead them in a myriad of directions.

There is no question that the exposure I had at 15 years of age to herpetoculture, absolutely formed my academic path and career. The thought of this opportunity not being afforded to other girls and women is just offensive to me.

I am very concerned that legislation such as what is being initiated in S373, has far reaching implications other than the banning of animals. It will result in a future where all the progress that women have made in herpetoculture and herpetology will be jeopardized.

I would also like to address two other issues that I have personally experienced in my career that I feel directly apply to my concerns in regards to this type of legislation:

1) As a woman that built a home based business breeding reptiles and writing about reptiles, I was able to be at home with my children. There hasn’t been a day that I do not say the biggest pay off of having this type of business was the ability to be at home with my children when they were preschool age and be able to make a living for our family. I would hate to see this opportunity of herpetoculture as an alternative professional choice for women be taken away.

2) As a women who was diagnosed with breast cancer and was faced with major surgery while having two young children ages 8 and 10, I was able to maintain my business at home during this very difficult time. I would hate to see this opportunity of herpetoculture as an alternative professional choice for women who may be faced with these same challenges be taken away.

The information I am seeking at this time is any kind of estimate of the number of girls and women that are involved in herpetoculture that this type of legislation would affect now and in the future.

Decades of work installing confidence in girls and women that they can participate in herpetological academic, professional, and hobby activities is being jeopardized by fear mongering in the media and rush to judgment legislation coordinated by self serving special interest groups.

I seek this information of women’s participation in herpetoculture so that I may approach various organizations that are focused on women’s issues and request their assistance in protecting women’s rights in this matter.

Sincerely,

Tracy Barker/VPI

Please, ladies, take moment to contact Tracy with information. She will keep this in the strictest of confidence. This is another way for us to fight these bills that are coming against our industry. You can email Tracy directly at tbarker@beecreek.net, or you can email me here at kingsnake and I''ll pass it along.

Girls can!

Will bad science make a bad law? It will if we don't take action.

Just like everyone who cares about keeping reptiles, I'm extremely concerned about S373 and HR2811, federal bills in the House and Senate that would ban several species of phythons from being imported or allowed to cross state lines.

Now, I do not breed a single reptile, but work in reptile rescue. Even from my perspective, this is just a plain bad bill.

The impact on me personally will result in lower placements as well as curtailing a great many educational programs that I participate in annually in the state of Illinois on behalf of the Chicago Herpetological Society as well as my rescue. In fact, this evening at the CHS holiday party, CHS president John Archer spent a bit of time focusing on the bill itself and what the overall impact is above and beyond just the ability to sell snakes across state lines.

First, as we all know, this bill is based on bad science and we all know that.

From today's USARK email blast:

S373 aka 'The Python Ban' has been amended to include the 9 great constrictors referenced in the recent report released by the US Geological Survey entitled Giant Constrictors: Biological and Management Profiles and an Establishment Risk Assessment for Nine Large Species of Pythons, Anacondas, and the Boa Constrictor. If passed as written S373 would add all 9 snakes to the Injurious Wildlife list of the Lacey Act making it a felony to engage in the import, export and interstate transport of any of these animals.

Last year, USARK and many others in the hobby participated in a massive letter writing campaign. That campaign generated 50,000 letter opposing HR669 and crushed that bill. Now it's time once again for everyone to step up.

This bill opens a door that can make it much easier for future actions against the industry as a whole. No matter the species you own, we here at kingsnake.com are asking that you take a few moments to oppose these two bills.

USARK has taken the initiative to create a website to help make appealing these bills easier. The website www.Kill-S373.com contains sample letters and contact information, as well as a video to explain going about this fight. We need to get more personal. We need to step beyond emails and get into the old way of communication: faxes, phone calls and personal visits. We need to make our presence known beyond the realm of the Internet and make this a fight that is on a tangible level for our elected officials. They need to know we are real as well as the fact that we are voters!

Please take a few moments to write a letter and mail it. Follow the steps on www.Kill-S373.com and let's stand up for our rights.

I can honestly say I am happy to be starting a new week. For reptile people, this week was hell. S373 passed the Environment and Public Works committee with some revisions and is moving ahead. Our next steps are going to be big in a make or break situation. The current amendment is to add the following species to the Lacey act of Injurious animals:

Burmese Python
African Rock Python (both northern and southern species)
Boa Constrictor (this means as written any snake with Latin name boa constrictor XXX)
Reticulated python
Yellow Anaconda
Deschauensee’s anaconda
Green anaconda
Beni anaconda

What would it mean if this bill passes as it stands now? These species will be prohibited to travel interstate for any reason. If you own them, you can still keep them, but they can only be sold within your state and cannot legally be shipped. If you need to move for any reason out of your state, they cannot go with you. Senator James Inhofe is the only senator who requested that his vote against be recorded. Although I didn't like some of his comments regarding that, he did want his vote to be against.

We need to act against this bill -- and that means each of us, including you. Schedule a face to face meeting with your Senators. If you don't already know who your senators are, please visit this link and find out. Jeff Barringer already has his scheduled, and I will have mine scheduled tomorrow.

You may not meet with your senator, but a staffer. Bring prepared notes so you hit the points you wish to address. Attack facts that are wrong and try to keep your emotions in check. Remember no matter what to be polite. A bad attitude in these meetings can leave a bad memory.

One thing I am doing is getting dressed a little bit snazzier. And I fully intend to wear a turtleneck. There is an image immediately associated with reptile keepers. Let's prove to them we are not miscreants. We are normal folks, and we have normal lives that include the keeping of reptiles. When you get your meeting, please let us know how it went on our Herp Law and CITES Forum.

USARK also has a a letter writing tool. It's quick and easy. You can edit or add text to the letter they provide, and I do suggest it! Adding the personal touch is always a good thing -- but again, remember to remain polite. Consider forwarding the form letter to your local news agencies as well.

President Obama stated he wants to be more accessible than any other president. Let's take him up on the offer. Time to put political beliefs aside and reach out. Remember he has children that are allergic to pet dander. How many folks who keep reptiles are in the same boat? There is a contact link on the White House website, but also consider taking the extra step and sending a fax or making a phone call to the comment line at 202-456-1111.

This weekend I handed out pre-typed letters for folks to use to mail in to their senators at my rescue's adoption events. Reaching out to folks who keep dogs and cats as well as reptiles will be a big key for us. Get out there, spend a day at a pet store. Talk with folks. Reach out to your local vet clinics. The biggest success we had with HR669 was the fact that it was all-encompassing and we got the ear of other segments of the pet industry. We need to do this again to be successful.

One thing I wanted to touch on is I am seeing a lot of folks saying "Ok, ball pythons are off, I don't need to worry anymore." Unfortunately, ball python keepers can't take that attitude. Once a law gets passed, it makes it that much easier to merely add a species to the amendment. Just because ball pythons are in the clear does not mean that they will remain so for long. Attack the scariest and the rest can easily fall.

Please be sure to keep us updated on what you are doing and if you are seeing. We are in the thick of things now, and we all need to take those extra steps to ensure our hobby remains for generations to come.