Saturday, August 29, 2009

National Lawyers Guild offers resource for animal welfare activists

http://www.examiner.com/x-3605-DC-Animal-Welfare-Examiner


Animal welfare activists have found a friend in the legal system. Due to the intense scrutiny and increased investigations into animal rights workers, the National Lawyers Guild (NLG) has created a free online legal guide, "Operation Backfire: A Survival Guide for Environmental and Animal Rights Activists." This 16-page document explains why there has been such a recent interest in the work of animal advocates, and the rights of those who find themselves under investigation.

According to the booklet, recently enacted laws such as the Animal Enterprise Protection Act (AEPA)and the Animal Enterprise Terrorism Act (AETA) "impose more serious sanctions for certain crimes if committed by animal rights activists. In some cases, the laws criminalize traditionally protected First Amendment activities. Prosecutors often request "terrorism enhancements" to extend prison sentences in cases involving animal rights and environmental activists." While these laws have only been used in the legal system in four specific cases in the past five years, the NLG warns that law enforcement officials will be increasing their use as the interpretation of the law expands over time.

Following an explanation of these two laws, the consulting lawyers provide eight full pages of guidance on what activists can do if put in precarious situations with law enforcement. While the document clearly states that these issues must be evaluated individually, they make a distinct point to identify its benefits. "Remember that you have the right (some movement lawyers and activists would say that you have a moral imperative) to stand up to FBI agents and other law enforcement officials. In case after case, informed resistance to intimidation tactics has brought positive results-sometimes just saying that your lawyer will contact them is enough to stop future visits or inquiries. Grand jury non-cooperation has often resulted in no additional subpoenas being issued. Every activist who takes a courageous stand makes future resistance easier for all."

Thursday, August 20, 2009

BREEDERS RED ALERT- AUGUST 18, 2009

The following alert has just now been posted to the DFOW website:
www.dfow.net

BREEDERS RED ALERT- AUGUST 18, 2009

URGENT * URGENT * URGENT * URGENT * URGENT * URGENT * URGENT * URGENT *

DFOW has just been notified by a very credible source that between now and just after legislators go back into session floor periods (September 15, 2009), the Humane Society of the United States will be orchestrating a breeder bust.

If you have been listed in a breeder directory, have shown your dogs or have advertised a litter in any publication in the last nine years-you must be on your guard at all times. Do not allow anyone into your home without a search warrant. In the State of Wisconsin, Animal Control officers and HSUS do not have police powers. They must be accompanied by law enforcement (although some law enforcement officers are also animal control officers) with a search warrant in order to enter your premises. If HSUS is working in conjunction with law enforcement and there is a search warrant, you must cooperate. DO NOT SIGN OVER ANY OF YOUR DOGS if threatened. Do not believe those that state that the charges against you will be lessened if you sign over your dogs. Video tape the entire proceedings. If you are detained asking questions while a search is going on, have another individual available to video tape or photograph the proceedings. Ask for proof
of identification. Get names and license plate numbers for those coming onto your property.

Some breeders have had to get special permits in order to have more than the arbitrary number of allowed animals in their community and have had to waive their constitutional rights in order to get those permits. If you are in this situation, you must contact a lawyer and find out what your rights are TODAY.

If animal control or law enforcement come to your door, walk out of your door and shut it behind you. Do not allow them to enter your home-you go out to them unless they have a search warrant. Please read the article "What to do when animal control comes knocking"
http://www.dpca.org/BreedEd/when_animal_control_comes.htm for more details.

If anything seems amiss, make notes of dates and times, take names, get witness names, what they did, take photos, and keep a log of suspicious activities.

We often hear fanciers state that "this issue will never affect me" when it comes to breeder licensing legislation. There have been at least 4 situations that have already happened in OUR STATE since the beginning of the year and breeder licensing requirements have not yet been passed into law. The orchestrated bust that we were warned about today could very well be targeted at any one of us.

You must protect yourself against false accusations. This is a very serious situation. If you truly believe in preserving the future of your chosen breed or breeds, you must do everything in your power to protect those breeds and their heritage. Insist on the preservation of your constitutional rights.

>>>>>>>>>>>>>
Cross posting is allowed.
Tracey Johnston
DFOW Vice President

Tuesday, August 18, 2009

Avid Rumors

In the last 48 hours Avid has been at the receiving end of a barrage of
email and telephone calls all relating to an assertion that Avid data
related to microchips is being provided to HSUS and that some of Avid's
business activities provide money to HSUS.

The information we are getting is provided to us from a few of the people
who have been receiving this, apparently for at least several days now. A
common claim includes the false assertion that " If you are purchasing Avid
chips . beware that HSUS will now have your information (name, address,
phone)."

Let me state categorically Avid's policy and position with respect to the
claims raised specifically and the issues reached indirectly.

Avid does not provide data to outside organizations. It is only used within
our operations for immediate recovery purposes. No information whatsoever
that Avid acquires, processes or holds in its database is provided directly
or indirectly to HSUS. None of the business activities, including PetPlan
Insurance, provides any money to HSUS, either directly or indirectly. Any
representation that Avid information is made available by any method to HSUS
is false.

This has the characteristics of a disinformation storm motivated by
commercial aims. One reason I believe this is so is that Avid was never
contacted about these sorts of claims before they began to be disseminated
in forums and blogs in the internet.

It is only because of the forwarding of some of these emails, from what I am
sure is a very small portion of the number of people actually having
received this information, that we have become aware of it.

Some of these are breeders that Avid has been doing business for 10 years.
Even from those who have been aware or Avid's practices over the last 25
years of business, and have been very helpful and taken effort to verify
information, nonetheless are writing asking us to reconsider our position,
not realizing that this assumes the truth of something they actually want to
ask about.

Some minority of people were kind enough to take the time to write us. Some
of them even made phone calls and tried to independently get information and
provided that to us. That takes a lot of time. We appreciate that. They had
very constructive tones in their emails. That is very useful and helpful. We
also appreciate that. But even there, they end up implicitly taking the
position that what they heard is true and we should change our minds. One of
the quotes is "We hope that Avid is taking this seriously and will
reconsider their position." Of course we take this seriously. It is at the
core of our principles. Our position has always been for privacy and for
recovery. That is what it is. So there is no reconsideration to take place.
Even in the most forthcoming and constructive email, which was very long,
you end up with implicitly saying 'You are doing it. Please change your
mind.'

One of the writers says - and I think it is perfectly fair - "If I do not
receive a response, I will assume it is all true." I think that is a fair
position, and that is why I have to respond.

I have had to respond, I have to say, before I have really gotten to the
bottom of it all. Because there are deeply mysterious and puzzling things
about this. It is still murky. We are kind of in this windstorm and there is
a lot of dust and confusion around, but the center of the storm seems to be
a completely mistaken, utterly false idea that Avid passes its data onto
HSUS either directly or indirectly. So that part has to be addressed, and we
are still going to pursue a better understanding of everything else that is
going on.

I feel very strongly about this and it drives my emotions. My apologies for
this windy and disorganized email, which is meant to be conversational more
than documentary.

Before closing, I have to say that it angers me just as much that good
people are left in the position of having repeated, in good faith and from
what they believe to be reliable sources, information which is literally
false. Such is the rumour mill. To those I say that I value your good name
as my own. In cases where this has caused venom to be directed to us, I say
I approve of the passion, but ask that it be directed where it belongs.

Peter Troesch
VP Avid Identification Systems

Subject: Caution HSUS plans a sneak attack

Forwarded post from Legislative Liaisons/NAIA and Maine Legislative canine
lists. Please read with your thinking cap on, and make your own judgments.
I personally lean toward believing him, as I've not found him to be prone to
exaggeration in my limited past dealings.
Forwarded:

This alert was actually first forwarded by APRI but did not originate with
them. It came from Frank Losey, who is an attorney and the lobbyist for the
Missouri Pet Breeders Association. He was credited with the editorial
comments, but it is fairer to say that the entire alert came from him. He
released this alert last weekend at the Missouri Pet Breeders Association
legislative seminar and stated that if we could get ten emails to every
congress member, we'd stand a good chance of stopping whatever HSUS has in
mind.

Subject: Caution HSUS plans a sneak attack


Please cross post to dog breeders and all interested parties that support
breeders and owners' rights.

CAUTION: HSUS plans a sneak attack
Today is Monday August 17 , 2009
* After more than 6 years of restraint and gathering of information to
expose the HSUS...it is time...NOW!
* HSUS plans a sneak attack - we must act right away.
* Please be patient and read the following report:
* WHY IT’S NOW TIME TO USE YOUR "POWDER!"
(Editorial Comments of Franklin W. Losey)

For over 4 years I have repeatedly "preached" the importance for
responsible breeders to strive to improve their credibility by doing
such things as
"publicly condemn" substandard kennels. To that end, I am pleased to
report that pet breeder organizations in Iowa, Pennsylvania and Indiana have
followed the lead of the Missouri Pet Breeders Association (MPBA), and
have publicly condemned substandard kennels. And I believe several other
state pet breeder organizations will soon do the same.
In a similar vein, I have "preached" for over 6 years that it is
important to "keep your powder dry," and not overly contact your
personal U.S.

Senators and Representative until you really need to use those "chits."
In this regard, if you overly use your "Contact your Member of Congress
Chits,"
they may tend to be blasé when you really need for them to go to battle
stations.

After six years of "personal restraint," I believe that if ever a time
existed for responsible breeders to use their powder, NOW IS THE TIME FOR
EACH OF YOU TO CONTACT YOUR MEMBERS OF CONGRESS, AND DO IT NOW, FOR
THE FOLLOWING REASONS:

1. I BELIEVE THAT THE REASON THAT NO BILL HAS BEEN INTRODUCED SO FAR
THIS YEAR THAT WOULD AGGRESSIVELY AMEND THE ANIMAL WELFARE ACT IS
BECAUSE HSUS IS EXECUTING A STRATEGIC "SNEAK ATTACK" PLAN SO THAT NO ONE
WILL HAVE TIME TO MOUNT OPPOSITION. THE REASONS WHY AND DETAILS OF THE
"SNEAK ATTACK STRATEGY" ARE SET OUT BELOW.

2. During an HSUS co-sponsored workshop in Washington DC in March 2009,
Congressman Jim Moran from VA told the audience that the best way to
amend the Animal Welfare Act is to, in effect, "sneak" amending language
into a "must-pass" bill, such as an Appropriation Bill, at the eleventh
hour so that there will be no time for breeders to mount opposition to
the language.

3. It is not a coincidence that no "PM" Bill has surfaced so far this
year, especially in light of the fact that the "Stop PMs Campaign" is
constantly referenced on the HSUS Home Page, EACH AND EVERY DAY, 24-7,
and is listed as a top legislative priority of HSUS. In short, it is
obvious that HSUS has adopted the "game plan" laid out by Congressman
Moran in March.

4. It is noteworthy that Congressman Moran is on the House
Appropriations Committee, and Senator Durban, who sponsored the PUPS
Bill in the last
session of Congress, is also on the Senate Appropriations Committee, and
is in a Leadership Position in the Senate. Thus, both of these Members of
Congress are in positions that will enable them to influence potential
last minute amendments to an Appropriation Bill.

5. HSUS has given Senator Durbin a 100% rating and Congressman Moran a
100 % rating on its "Humane Scorecard!"

6. Congressman Moran is Co-Chair of the Friends of Animals Congressional
Caucus.

7. When Congress returns from its August Recess, it will need to act on
the Appropriation Bill for the Agriculture Department - - the vehicle that
Congressman Moran suggested could be used to sneak amending language
into the Animal Welfare Act.

HOW IS IT POSSIBLE TO RAISE QUESTIONS IN THE MINDS OF MEMBERS OF
CONGRESS ABOUT THE CREDIBILITY OF HSUS?
When I began "preaching" about the importance of publicly condemning
substandard kennels, I simultaneously began laying the groundwork for a
strategy to set into motion potential issues that could raise questions
about the self-righteous credibility of HSUS. The first part of the
strategy was to discreetly orchestrate the insertion of amending
language into the Animal Enterprise Terrorism Act, which expanded the
"protected class" to include breeders and pet stores. That amendment
occurred in 2006.

HSUS was caught off guard and could not stop it.
Next, I began writing to Mr. Pacelle, President and CEO of HSUS, and I
specifically requested that HSUS, in the same manner as MPBA had publicly
condemned substandard kennels, publicly condemn those who explicitly
violate the Animal Enterprise Terrorism Act (AETA). He responded twice
to my letters, but each time he parsed his words and did not explicitly
condemn those who violate the AETA. Instead, he suggested that the Animal
Enterprise Terrorism Act was an unjust law, and that in the same manner
as the Reverend Martin Luther King had engaged in "civil disobedience"
to undo unjust laws, "civil disobedience" was an activity supported by
HSUS, even though this Federal Terrorism Statute contains no "civil
disobedience" provisions. Thus, I have a "paper trail" that conclusively
provides a basis for raising questions as to why HSUS refuses to
publicly condemn those who explicitly violate the Animal Enterprise
Terrorism Act - - a Federal Terrorism Statute!

Adding more potential "fuel to the fire" of questionable practices of
the HSUS is what appears to be excessive "Lobbying Activities" of HSUS,
which IRS recognizes as a "public charity." In this regard, public charities
that exceed permissible limits on lobbying activities are subject to
losing their tax-exempt, public charity status, which could really crimp their fund
raising activities! In this regard, if IRS were to log onto the HSUS
Website, and type in "Lobbying," 100 - - that’s right - - 100 stories
detailing lobbying activities of the HSUS would appear. So if you are
going to contact your Members of Congress, why not throw in a comment
about excessive lobbying activities?! ?!?!?!? After all, "what is good
for the goose" is supposed to be "good for the gander!"

Wouldn’t it be refreshing if HSUS were put on the defensive for a change!!!!!!
!!!!!!!!! !!!!!!!!! !!!!!!!!! !!!!!!!!! !!!!!!!!! !!!!!!!!! !!!!

SO WHAT CAN RESPONSIBLE BREEDERS DO IN ANTICIPATION OF THE HSUS "SNEAK
ATTACK?"

Call or Send a written letter by FAX or E-Mail to your two U.S. Senators
and your U.S. Representative. AND DO IT NOW!!!!!!!!! !!!!!!!!! !!!!!!!!! !!

WHAT DO I SAY OR WRITE TO PUT HSUS ON THE DEFENSIVE?
1. Remember to always be polite - - and remember that you are asking
your Members of Congress for a "favor."
2. Use the following "script" for your calls, letters or E-Mails.
3. Urge all other responsible breeders to follow the same script, and
tell them to do it now!!!!!

SUGGESTED "SCRIPT"
I am a Federally licensed breeder, and my kennel is located in
(City_______ ). I am (calling) (writing) to ask that you not vote in
favor of any Bill or language that would amend the Animal Welfare Act
until the Humane Society of the U. S. (HSUS) tells you:

1. Why HSUS will not tell the American Public and Members of Congress
why it refuses to publicly acknowledge that Federally licensed and
responsible breeders in the U.S. have publicly condemned substandard
kennels?

2. Why HSUS dances around questions concerning the Animal Enterprise
Terrorism Act, which is a Federal Terrorism Act, and why the HSUS
suggests that "civil disobedience" is a justification for individuals to
potentially participate in expressly prohibited and defined terrorist
activities?

3. Why HSUS refuses to publicly condemn those who engage in activities
that are specifically listed as prohibited activities and a violation of the
Animal Enterprise Terrorism Act?

I’m (calling) (writing) to express my concerns about the potential lack
of candor and the appearance of excessive lobbying activities by public
charities, such as the HSUS, because I have learned that a Member of
Congress suggested during an HSUS co-sponsored workshop at the Georgetown
Law Center in Washington DC in March of this year that the best way to
amend the Animal Welfare Act is to sneak in language in an Appropriation
Bill or some other must-pass bill at the eleventh hour.
Thank you for your attention to my concerns.

Sincerely,
Your Name
Your Phone Number

NOTE 1: If you decide to mail a letter instead of calling or E-Mailing,
it will have more of an impact on the Member of Congress if you actually
legibly write or print it, than if you typed it.

NOTE 2: NUMBERS DO MATTER - - THE MORE CALLS AND LETTERS AND E-MAILS
that Members of Congress receive, the more likely they will "NOT" accept
at face value everything that HSUS says is true.

SHORTCUT TO CALLING OR SENDING AN E-MAIL TO YOUR U.S. SENATORS AND US.
REPRESENTATIVE

1. Log onto a search engine such as www.congressmerge. com.
2. Click on "Find who represents you in Congress."
3. Fill in your address and ZIP Code.
4. Phone and FAX numbers for each of your Senators and U.S.
Representative will be listed by their name.
5. Shortcut for finding the telephone number of your U.S. Senators and
Representative: Call the Capitol Hill Switchboard at 202-224-3121, give the
operator the name of your Senator or Representative, and ask to be
connected to his or her Office.
6. For E-Mail, click on the name of the U.S. Senator or Representative,
and then click on their respective E-Mail address. Be sure to add your name
and phone number at the end of your E-Mail.
7. Note: The addresses of the Local Regional Offices of Members of
Congress in your State will also be listed. If you are going to mail a
letter to your U.S. Senators or U.S. Representative, mail it to the
Local Regional Office in your State, instead of to their DC Address.
Delivery of
mail addressed to the DC Addresses of Members of Congress may be delayed
by up to 4-6 weeks, as it will be screened for Anthrax - - that is why
calling or sending an E-Mail is the quickest way to express your
concerns to Members of Congress. (Alternatively, you may FAX your
letters to the FAX numbers that may be found by following Steps 1-4 above.)

For more information please call:
Thank You!
Michael Glass mg@aprpets.org 484-880-7962 Rob Hurd hurdkennel@aol. com
515-962-7552 America's Pet Registry, Inc in Arkansas: 479-299-4418

Thursday, August 13, 2009

From the article: _Definition of Ear Cropping_

From the article: _Definition of Ear Cropping_
(http://dogs.about.com/od/dogandpuppyhealth/g/ear_crop_def.htm)



Ear cropping and tail docking are age-old procedures done on some purebred
dog. However, they have become increasingly taboo in today's society. Many
veterinary groups disapprove of cosmetic procedures on dogs, and they are
even banned in some countries.
Where do you stand? Are ear cropping and tail docking inhumane and
unnecessary, or are they harmless procedures that uphold the integrity of certain
dog breeds? Should they be banned or not?
Please do not attempt to reply to other users or treat this as a
discussion or debate. Use this as tool to explain your platform on the issues of
tail docking and ear cropping.

_Speak your Mind_
(http://dogs.about.com/u/ua/dogandpuppyhealth/elective_sx_UA.htm?from=lb#ua_form)

Thursday, August 6, 2009

Spread the word, forward as needed....

None of us think it will happen to us...and then they knock at the door and take your dogs. Can't even imagine what this woman must be going through.

http://neveryetmelted.com/2009/08/05/spca-outrage-in-philadelphia/

"The Murder Hollow Bassets of Philadelphia (a private pack* founded in 1986) is one thirteen organized packs of basset hounds recognized by the National Beagle Club hunting in the United States."

"But neither gentility nor middle-aged respectability was sufficient to protect the Murder Hollow's Master Wendy Willard from a full scale raid by Philadelphia police, nor did it prevent 13 hounds from being taken from their kennels and turned over to a private animal rights organization hostile to hunting."

Assemblyman: Hands Off that Dog!

The following is appeared on the Maine Legislative Canine list:


FG/CH News A division of the New York Times

August 4, 2009, 4:35 pm

Assemblyman: Hands Off that Dog!
By Sarah Maslin Nir
http://tinyurl.com/assemblyman-ahs-Aug6
Let's just put a name on it right now: The Laika Law.

Laika, the Husky "dog-napped" by a well-meaning passerby from the front of a Fort Greene shop where she was tied last week - and since found - has inspired a new bill that would make dog-napping a crime.

Assemblyman Joseph R. Lentol, who represents part of Fort Greene, wants to make sure pet-napping is taken seriously by the law, said his media coordinator, Amy Z. Cleary.

Under current law, stealing a dog is treated the same as stealing a VCR. That shouldn't be, Ms. Cleary said. Society, she said, has evolved to the point where a pet is considered a member of a family, and Mr. Lentol wants the law to reflect that, she said.

The bill aims to raise dog and cat-napping (the stealing, not the sleeping) to a Class E felony with two years of jail time if convicted. If a dog-napper aims to sell the animal for scientific research or for malicious purposes (such as for use in dog fighting, an issue Mr. Lentol has campaigned against since 2007) the crime would be upgraded to a Class D felony, under the bill. This would entail four years of jail time if convicted.

Mr. Lentol is most concerned about those who would sell the animals for scientific research, Ms. Cleary said. But that crime appears to be rare: The National Association for Biomedical Research says that 3 percent of all cats and dogs used in lab tests are not sourced from breeders or lab animal dealers. About 66,000 dogs are used in scientific research yearly.

And not everyone is Cruella de Vil, hoping to turn Dalmatian puppies into fur coats. In the week since Mr. Lentol proposed the legislation, Internet commenters have expressed concern that the law could be a deterrent for would-be rescuers, who might fear prosecution if they take in a distressed animal.

"There is a very strong element of intent with this," said Ms. Cleary. Nevertheless, Mr. Lentol will add "safe harbor" proviso to the proposed law, similar to those that permit mothers to abandon babies at hospitals without fear of reprisal. This would prevent a "chilling effect" on do-gooders, she says.

"You have to know that you are taking someone else's animal from their possession," she said, "not an abandoned animal or street or one that got lost." Only if this level of intent is proven in court by a prosecutor and then affirmed by a jury or judge would a person be convicted, she said.

However, Ms. Cleary said, such a law would likely apply to Giusseppe Francis Leonardo and his wife, who took Laika believing she was abandoned after she was left tied up outside a shop for several hours. Though Mr. Leonardo believed he was saving the dog, Ms. Cleary says that under this legislation, if he knew the animal belonged to someone else, he would be open to prosecution.

"In that case you're supposed to call the ASPCA. You can't just take someone else's animal," she said.

However, "If he truly believed the animal was abandoned," she said, he would not be convicted.