Categories
Critters Government

The Dollarhite Saga

OK, this one baffles me.

The USDA sent a letter to the Dollarhites letting them off the hook for any and all fines, as long as the Dollarhites refrain from breeding animals for sale as pets. The Dollarhites got out of the baby bunny business in 2010, so this shouldn’t be a problem. They won’t have to pay one single penny in fines, so I don’t know how this can be a problem. However they, and a tiny assortment of Tea Party members, including a writer for the site, Big Government, are unhappy with the result.

Not only are they unhappy, but they seem to be personally targeting the USDA employee who sent the Dollarhites a letter.

I am assuming that the lawyer the Dollarhites hired has enough sense to know to grab the offer. I wouldn’t be unhappy, though, if the Dollarhites rejected the offer and the complaint went in front of a judge. A judge who, I want to add, is going to be peeved that they wasted his or her time by fighting an offer that basically lets them off without any penalties. No penalties, even though they violated the law for years by selling hundreds of rabbits as pets without the proper license and required animal care inspections.

Let’s say I doubt the Dollarhites would get off as easily.

It’s unfortunate, though, that a USDA employee was targeted just for doing her job. It’s also unfortunate that Senator McCaskill would seek to placate such unreasoning and, yes, scary people.

I realize that selling baby bunnies may not seem to be the same as selling puppies, but the USDA is chartered to care for all large scale pet sales in the country. Rabbits deserve a decent life, too.

The USDA responded to my FOIA request for materials related to the Dollarhite case with a note that they’ll need an extension of time. When I do receive the materials, I’ll post an update with copies.

Categories
Critters

Decision on unlicensed breeder

Following is the judgment in Case.net regarding Shirley Gilbert, aka Wolfgang’s Puppies and Gee Gee’s Yorkies:

COUNSEL AGREE TO RESPONDENT TO GO OUT OF BUSINESS FOR 6 YEARS, TO DISPOSE WITH DOGS ON 6-30-11 AND RELEASE TO PETITIONER TO A RESCUE AGENCY. RESPONDENT TO HARBOR NO MORE THAN 3 DOGS & REMOVE ALL ADVERTISEMENTS AND REFRAIN FROM ALL ACTS NOT ALLOWED BY NON LICENSED AGENCY. $500 CIVIL PENALTY, $1000 INVESTIGATIVE COSTS & $200 RESTITUTION. JUDGMENT ENTERED AGAINST RESPONDENT. FORMAL JUDGMENT TO BE SUPPLIED WITH 30 DAYS.

Stripping away the legal language, Shirley Gilbert can no longer sell puppies, and she has to give up all but three of her dogs to a rescue organization.

Categories
Critters

Another Breeder Another Restraining Order

Attorney General Koster’s office has filed another restraining order, this time against Moser Kennel, owned by a Linda Brisco.

According to the CBS story:

Attorney General Chris Koster says state inspections of Brisco’s kennels revealed excrement in the food and muddy drinking water; feces piled so high in some enclosures, inspectors couldn’t see the flooring; sick, aging or young animals kept in outdoor kennels without appropriate shelter; and animals in distress given no veterinary care.

Plus, Koster alleges the owner used a shotgun to put the animals down — a practice prohibited by state law.

Linda Brisco is licensed with the state of Missouri, but doesn’t hold a USDA license. If you look quickly, you can see photos of puppies she has for sale (too late, photos have been pulled). Notice how the photos don’t show the piles of feces that are so high, they cover the floor.

As with the past filings of a restraining order, Brisco can hold on to the dogs until the hearing, scheduled for July 19.

DEFENDANT LINDA BRISCO SHALL BE ABSOLUTELY RESTRAINED AND PROHIBITED FROM CONDUCTING ANY REGULATED ACTIVITY UNDER THE ANIMAL CARE FACILITIES ACT, 273.325, RSMO, ET SEQ. AND ITS IMPLEMENTING REGULATIONS, 2 CSR 30-9 ET SEQ. UNTIL FURTHER ORDER OF THIS COUR. IN ADDITION, DEFENDANT LINDA BRISCO SHALL KEEP ALL ANIMALS IN HER CUSTODY AND CONTROL AT THE TIME OF THE ISSUANCE OF THIS TEMPORARY RESTRAINING ORDER ALIVE AND ON SITE AND AVAILABLE FOR INSPECTION BY THE MISSOURI DEPARTMENT OF AGRICULTURE OR ITS DESIGNATED AGENT UNTIL FURTHER ORDER OF THIS COURT.

Sucks to be those dogs, doesn’t it?

The news stories says this is the first time that Koster’s office has used the “new rules”. In actuality, this is the third time his office has used the “new rules”.

update

The Springfield News-Leader has more details on the breeder. She has 76 adult dogs, of various breeds. The AG office wants her closed down, and to pay court costs and fines. I will be curious as to the disposition of the dogs from this case. In two past cases, a licensed breeder was able to sell his dogs and keep the profits, while an unlicensed breeder had to give her dogs up to a rescue.