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Critters Legal, Laws, and Regs

S & S Family Puppies: “Good” and Bad News

CBS has announced that the Missouri Attorney General has closed down S & S Family Puppies in Milan, Missouri. S & S Family Puppies was the top of the list in the Missouri Dirty Dozen report.

I can’t find any official announcement at the Attorney General’s web site. Nor is there a history of this item being taken to court. In fact, the news may not be as good as it sounds, as noted in a comment to the CBS story (update Did find information on court case, and copy of consent decree, as noted at end of story):

WAIT. THE FACILITY IS SHUT DOWN BUT THE DOGS ARE NOT SAFE! THEY ARE JUST BEING MOVED. READ BELOW (from today’s HSUS email). It’s disgusting.

The Stephensons’ dogs, however, are not going to rescue groups or shelters where they could be adopted into loving families. Instead, the state is allowing them to be transferred or sold to other commercial breeding facilities. Forty of the dogs are scheduled to be sold to the highest bidder this Saturday at the Southwest Kennel Auction in Wheaton, Mo.

And because only the Stephensons were mentioned in the Attorney General’s statement, we suspect many of these dogs may be transferred to a second kennel operated by another family member, Brandi Cheney. USDA records list Stephenson and Cheney as co-owners of S & S Family Puppies. In fact, last year several aggrieved consumers sued Diana Stephenson and Cheney under the Missouri consumer protection law. The consumers alleged that Stephenson and Cheney sold them sick puppies but misled them into believing the puppies were healthy. A copy of the plaintiffs’ complaint was sent to Attorney General Koster.

Nevertheless, as detailed in our March 2011 Dirty Dozen update, Cheney recently obtained a USDA license for a new kennel, called Circle B Farms, which has also been cited for severe animal care violations.

Thus, the surviving dogs likely won’t have a chance at a better life, but merely a life in another puppy mill. This is unacceptable. Puppy mill operators who have repeatedly violated both state and federal laws should not be permitted to move or sell their surviving “stock” to other puppy mill operators. The dogs have already suffered untold trauma and should not be transferred to another breeding facility, especially considering that local and national animal groups are prepared to help these dogs. It’s time they find a loving home.

(Comment quote from a story at HSUS)

Southwest Auction is having a consignment kennel auction today, and if you look down towards the end of the page you’ll find, in small print, a listing for Diana Stephenson, the co-owner of S & S. I notice that, unlike other auctions, there is no note from the auction house about what a good breeder this breeder is; no testimony from the kennel vet. More disconcerting is that the number of dogs listed does not account for the number of dogs S & S had at their last inspection.

(Missouri MDA inspections)

I’m greatly disturbed to hear that the person listed as co-owner of S & S, Brandi Cheney, obtained new USDA and MDA licenses. The USDA inspections for this newly licensed kennel already show violations. Cheney has also sold puppies under another name, CC Puppies, with a different license, but the same types of violations. By the license fee Cheney paid for her newest license, she has a significant number of dogs, which supports the HSUS statement that all that’s happened is that the dogs have been shifted from one of the owners to the other, and this “victory” is nothing more than a sham.

(Note the reference to a second license in the recent USDA inspection report for S & S Family Puppies. Also note that both the Stephensons and Cheney have been sued by puppy buyers.)

update I did find a story on the court judgment. It is a consent decree, which means the Stephenson’s agreed to it. But look at the requirements: the facility is required to transfer dogs to another ACFA licensed facility. That’s it. Both Director Hagler and AG Koster brag about the outcome, but all that’s happened is that the poor dogs have been transferred from one puppy mill to another. This is not a victory.

Second update KMOV covers the fact that Stephensons can keep the profits from the dog auction. The story also mentions the fact that the breeders’ daughter is still licensed and able to “buy” her parents’ dogs.

A sham. A total sham. That’s what the “modification” of Proposition B is giving us: a mockery of a law.

Categories
Critters Legal, Laws, and Regs Voting

This fight is not over

I see that Missouri Farmers Care has moved on from fighting for the puppy mills and is now fighting for genetically modified foods. I expect next we’ll see an article about the healthful benefits of CAFO manure lagoons.

Governor Nixon signed SB 161. That’s all that’s happened. He signed a bill that gutted Proposition B. Oh, a few token provisions have been left, but you and I know that the breeders will find their way around these new provisions. I do not expect to see much change in the large scale commercial dog breeding operations in this state.

I remember, either from an article or during the House or Senate debates, someone asking one of the SB 113/SB 161 folks, “Were the breeders asked about the new SB 161 provisions, and if so, were they happy with them? Did they agree with them?” How very nice for agribusiness in Missouri that they have the final say on regulations impacting on them. Most businesses just have to accept what comes their way, but not agribusiness. Not in Missouri.

Regardless of the hypocrisy, and the total disregard for the voters—not to mention Nixon’s patronizing attitude about what we voters “meant” and how SB 161 is “good enough”—this fight is not over.

I imagine there might be legal challenges to the new law, especially the emergency provision. We also know there’s at least one ballot item being put forward for 2012 that will prevent such arrogant brushing aside of the voters wishes in the future. In the meantime, though, I am following my plan on exposing large scale commercial breeders to the world.

The breeders will never know if that person who contacts them about the puppies they’re selling online is a genuine buyer, or someone checking to see what excuse they give for not allowing the potential buyer to visit.

The FTC and the Missouri Attorney General work to protect consumers from deliberate misrepresentation and fraud. That cute little web site that states the breeder is a small family breeder with only a few dogs, better have exactly that, or they will find themselves at the end of an FTC and/or Missouri Attorney General complaint.

Starting the day after Proposition B would have gone into effect, every bad breeder that should be closed down, and would have been closed down under Proposition B’s more stringent guidelines will be exposed to the world—along with the Missouri Department of Agriculture’s laxity in enforcing true standards. With each publication, the names of the representatives, and Governor Nixon’s, will be included in the coverage—as a reminder of what they have enabled.

I also plan on spending a lot of time among the boxes of inspection records at the Department of Agriculture in Jefferson City. We’ll see exactly what that 1.1 million of extra money designated by Nixon buys us. It better buy us a lot, and not just fluff pieces on web sites.

I’m not going to give up. I’m not going to say, “Oh, well, we tried. Buck up, poochies”. This isn’t the end of the fight, it is only the beginning.

Categories
Documents Legal, Laws, and Regs

The money game

One of the problems I kept running into when preparing stories for this site is the fact that Missouri’s Department of Agriculture seems to have abysmal data systems. Every Sunshine Law request, no matter how small, exceeded whatever amount of money I had set as a cap for the request.

Now it would seem the same problem occurs elsewhere in state government. When asked about Lt. Governor Kinder’s calendar, journalists were first told the entries were not available. Later, though, it was discovered that the entries were available, but the cost would be well over several thousand dollars in order to get the information.

I had turned in a Sunshine Law violation complaint to the Attorney General’s office and was told by the person who responded that my main concern seemed to be not that the information wasn’t available, but that the cost was too high. According to the AG office rep, high cost to access the information does not form a Sunshine Law violation. However, when the price tag is invariably high—too high for the average person—cost does form a barrier against transparency.

Either Missouri has the worst data systems in the country—in which case there’s another first we can’t take pride in—or cost is being used as a barrier to information.

Categories
Legal, Laws, and Regs Political

Politics

The bill we fought so hard for, Proposition B, was killed today. It was killed by the state legislature, and it was killed by Governor Nixon. It had the honor of dying in a bi-partisan fashion, killed by Democrat and Republican alike.

I have found there is one thing that can bring both parties together: the vote of the people. All we have to do is enact direct democracy at the national level, and politicos from both parties will bond tightly, in a mutual shared horror of “we the people”.

Governor Nixon manufactured a “compromise” that was supposed to be an improvement of the bill the legislature began, but as I’m writing over at Puppies at Burningbird, it was a simple matter to discover the gaps and loopholes the breeders can easily find in this new “improved” law. Not only was Proposition B ripped to shreds today, but it was done so with compliance by a couple of major players in the animal welfare movement in Missouri: the Humane Society of Missouri and the Missouri Alliance for Animal Legislation. Some would say they meant well; I will be charitable and just call them foolish.

Betrayed. I feel betrayed. But I don’t matter. What does matter is that the dogs were betrayed. In the end, even the most progressive of people on Twitter were implying that, after all, they’re just dogs.

Categories
Legal, Laws, and Regs Political

I can only imagine

Susan Redden in the Joplin Globe on Governor Nixon’s “solution”:

I can only imagine how the lawmakers must feel after passing legislation and then seeing the governor turn around and propose his own plan. They must feel like the voters who passed Proposition B.