Categories
Critters Legal, Laws, and Regs

Why lax laws need to change

A sad reminder of why the lax laws—at both the federal and state level—need to change: The USDA has taken an Iowa breeder to court for unpaid fines. That’s about all the USDA can do, too—that and revoke the license.

This breeder has been repeatedly cited for filthy conditions and dogs that were desperately in need of care. He’s repeatedly refused to allow an inspection. He won’t pay his fines. He’s a past member of the Iowa dog breeder’s Hall of Shame. According to the article, the breeder said he’d rather kill the dogs that need care than actually give them the care they need. Yet not only is he still operating, but his last inspection shows that all is in compliance.

How do you go from being a repeat and habitual offender to everything sweet and lovely in the space of a couple of months? While being sued by the USDA for failure to pay fines? You don’t, really. The article says a judge rescinded his license, but the USDA records show it’s still active, and his neighbors say he’s still in business. And then there’s that business where the kennel owner would rather kill the dogs than trim their fur…

If the inspection report (pdf) for this Iowa breeder looks bad, I’ve seen ones for Missouri breeders that are much worse. Yet the inspectors, at either the federal or state level, rarely intercede for the dogs—in Iowa or in Missouri. Frankly, after the first surprised and pleased reaction to Governor Nixon’s proposed new budget request yesterday, I’m no longer sanguine that the budget item will pass, or that it will make any difference. More inspectors just writing up more violations that lead to non-existent actions and continued lives of misery for dogs doesn’t get me all that excited. We need laws with teeth and the people willing to use the teeth.

It’s all political smoke and mirrors, and in the meantime, we continue support for legalized cruelty to dogs while we pander to the big agribusiness interests.

update

I thought the name of the kennel, Black Diamond Kennels, sounded familiar. It is, but not for the same breeder.

Categories
Critters Government Legal, Laws, and Regs

Deep analysis

update

As was pointed out to me tonight, there was a SB 795 passed last year, that removed the exemption for shelters from the fees collected.

So not only is the Missouri Legislature protecting the puppy mill industry, it is deliberately doing everything in its power to add additional financial burden on to animal shelters and rescues—the people actually having to clean up the mess the puppy mills leave.

I’ve never seen such assholes in my life—and you voted them into office, folks.

I’ve also had to file a complaint against the Department of Agriculture with the Attorney General tonight, because of what I perceive to be violation of Sunshine Laws.

I’m writing up a deeper analysis of the impact on existing laws with Prop B as compared to SB 113. I know that the HSUS has done the same with a one page talking points comparison, but I want to take it deeper. I don’t know if it will make a difference in the long run, but I want to record facts: not hyperbole, not politician bullshit speak.

One error I had made in comments here and there is the fact that SB 113 would require license fees from the shelters. I’m assuming that the exemption of licensing fees for shelters/rescues that exists in ACFA would still apply with SB 113.

However, there is no exemption for pet stores and dog boarding companies, so I imagine they’ll be just peachy keen at having to pay more because of the commercial breeders. But then, they’re not farmers, so they don’t count.

Categories
Critters Legal, Laws, and Regs

House hearing on SB 113

The House Agriculture Committee will hold a public hearing on SB 113 & 95, Tuesday, March 29th, at 12:00pm. The location for the meeting is House Hearing Room 6.

To repeat, this is a public hearing, which means all interested members of the public are invited to attend and testify.

Categories
Critters Legal, Laws, and Regs

HB 131 heard in the House

I had thought that the representatives were no longer going to follow through on HB 131, but evidently it was taken up for Perfection today. Darn, I wanted to hear the debate.

Luckily, Jason Rosenbaum did catch some audio of the testimony, and has posted an excerpt. In the audio, you’ll hear Representative Riddle spend her time quoting from the 1986 arrest records for Wayne Pacelle from the HSUS. Yes, I would think that a 1986 arrest for an individual would be out of scope for this bill. She also called him a terrorist, and continued her rant until the Representative from St. Louis raised a point of order.

This type of name calling has happened all too frequently: those who testify “for” these bills to gut Proposition B spend all their time trashing HSUS. Hello! Did you happen to forget that over half the people in this state voted for Proposition B!?

Getting tired of the absolute lack of respect these representatives have for the voters in this state.

If I find links to more audio for the testimony, will post.

Categories
Critters Legal, Laws, and Regs

Before the vote

The third reading and vote on SB 113 is listed as the 8th item of business today in the Senate. It’s a toss whether the vote will happen today or not. I believe it will. Regardless, I’ll be listening, just in case, and I’ll be recording the debate and vote when they occur.

This vote has been a long time coming, and the way has been rough. The very first bill filed about Proposition B was Senator Stouffer’s bill, SB 4. Unlike SB 113, with it’s “fix”, Senator Stouffer’s bill was a repeal of Proposition B. In many ways, it was the most honest bill filed about Proposition B.

We’ve been told, from both Senate and the House of Representative members, that their only interest is to “fix” the Puppy Mill Cruelty Prevention Act. Yet, one only has to examine the statements made at meetings these representatives had in their districts, to see that there has never been any interest to “fix” problems with the text—the intent was either to repeal it, or to pull every last meaningful requirement in the bill.

Representative Chris Kelly came out with some editorials supposedly urging compromise, but never once did he mention what was good about Proposition B. He wouldn’t even praise the requirement that demanded continuous access to potable, clean, and unfrozen water free of contaminants. All he would say is that Proposition B was “unbalanced and fatally flawed”.

“Unbalanced and fatally flawed” are not the words of a person with his hands outstretched, wanting to work with those who backed Proposition B.

During the House meetings on HB 131 (the House version of SB 113), the only change that the agricultural committee members mentioned that was a genuine fix, was changing the text of the bill so that the breeding cycle rest period extended only to females. There’s not a person who favored Proposition B who would have a problem with this modification to the text.

But when the Senate and House members made their “fix”, they also completely pulled the rest cycle requirement. This isn’t a “fix”, this is a complete repeal.

Senator Parson made much of solid flooring in Tuesday’s debate. Where is the definition for solid flooring in criminal statutes, he asked. Yet if one of the proposed changes to Proposition B had been an extended definition of solid flooring, it’s unlikely most Proposition B folks would have a problem with this action. But what Senator Parson did, was remove all of the criteria for any kind of flooring other than the wire flooring that exists now.

Again, this isn’t a “fix”, this is a complete repeal.

Senator Parson also implied that he reached out to the Proposition B community. As you can see from the beginning section of my Dissecting Michael Parson’s SB 113 article, he didn’t reach far. The only meetings I know of that he had were held in conjunction with the Missouri Farm Bureau, the Cattlemen’s Association, or both.

During the public hearings on HB 131, rather than be open with those testifying in support of Proposition B, Representative Jason Smith grilled them, like he was a prosecutor, and they were criminal scum. He also neglected to mention his own personal involvement in the issue, which should have ethically kept him from actively participating.

These are not the actions of a people wanting to compromise. As oil and cattleman Forrest Lucas so eloquently put it, at one of Senator Parson’s “community meetings”, these are the actions of a people wanting to “bloody the nose of HSUS”. And they took these actions less because they wanted to support the dog breeders, and more because they wanted to “hurt” HSUS.

Proposition B, the Puppy Mill Cruelty Prevention Act, is not about HSUS. Proposition B, the Puppy Mill Cruelty Prevention Act, is about the dogs. It doesn’t matter who sponsored the ads, because in the end it came down to how we, the people of Missouri, felt about this issue. I didn’t become involved in this bill because of HSUS, I became involved because I read through the USDA inspection reports and was appalled at the picture they painted of the large scale commercial dog breeding industry in this state. I became involved because I was embarrassed about living in the state known as the “Puppy Mill Capital of the US”. How could I not become involved after seeing the results of rescues from bad breeders in the news, again, and again, and again.

I have to wonder: how many inspection reports did these senators and representatives read? How many kennels have they visited, especially without advance notice? I think we would find the answer to both of these questions to be “none” and “none”. This may sound harsh, but in my opinion, these representatives just don’t care about the quality of life for the dogs in these kennels. The only thing they care about, is to “bloody the nose” of HSUS.

Even if it it means beating the vote of the people of Missouri to a pulp in the process.

Even if it means condemning dogs in too many of these breeding operations to a life of hell.

Even if it means continuing to tarnish the image of this state, and how the rest of this country perceives us.