A blog by spcaLA president, Madeline Bernstein

Oct 18, 2013

CALL TO ACTION - Los Angeles City Council To Vote To Ban Bullhooks

UPDATE - The Los Angeles City Council voted unanimously to ban bullhooks in Los Angeles - but it will be phased in over 3 years.

On October 23rd, the Los Angeles City Council will consider banning the use of bullhooks when handling an elephant. Though it is my preference that all exotic animals be banned from circuses and other such exhibitions - I am happy to start here.


Courtesy Google Images

A bullhook is a heavy rod with a pointy sharp metal tip and a hook at the end, often referred to as a “guide”, which may be used to prod, hook, jab or hit an elephant in order to “train” him/her to perform circus tricks or other such things. These instruments are capable of causing lacerations, punctures, and great pain when used with force, particularly on an elephant’s extremely sensitive trunk. The assertion that the use of the bullhook is just an extension of a trainer's arm and rarely leaves a mark is nonsense. If that were so it wouldn't need a sharp point and hook to persuade the elephant to something.  Further, if it were used to only strike but not tear it would also be abusive as it would be analogous to repeatedly smacking someone in the face during a walk to ensure that he or she gets somewhere on time. The constant smacking may not leave a mark – but – it surely would be horrible to endure. Experts have stated that the association with a bullhook is so frightening that elephants who have not seen one in years will visibly respond to the mere sight of one.

Notwithstanding the fact that the more enlightened perspective is to leave such animal “entertainment” in the annals of history, or change our acceptance of what would under other circumstances amount to repeated acts of animal cruelty, an outright ban of the use of bullhooks in Los Angeles is an excellent first step. 

Bullhook Courtesy Google Images
Let’s keep our elephants safe, free of pain, and away from those who would abuse or exploit them. 

Please contact your councilperson  and politely urge them to vote for this ban and, come to City Hall on Wednesday and tell them again.

Thank you






Oct 9, 2013

Really, don't hate me because I'm a pit bull

spcaLA uses pit bulls, like Patty, to help re-instill empathy
in youth from at-risk communities.
Last night, Riverside County supervisors passed an ordinance prohibiting residents of unincorporated areas of Riverside County from owning an unaltered pit bull, or pit mix, who is older than 4 months.

Included in the ordinance are exceptions for therapy dogs, licensed breeders, law enforcement and dogs certified too ill for surgery. Besides their concern with the perceived danger of pits, they also lament that many of these dogs languish in shelters for lack of homes.

This is a good idea for ALL dogs!

All dogs bite. All dogs are being euthanized across the country simply because there is no time or space for them to wait for a loving family. All dogs are dogs.

Rather than wasting time trying to correctly identify whether a mixed breed falls within the ordinance or litigating whether the law as written is constitutionally vague or violative of due process - apply the ordinance to all dogs.  Why pile on to one breed when it is true that not all pits are dangerous and not all retrievers are nice.  A spay neuter ordinance that applies to all dogs requires only that law enforcement recognize the difference between a dog and a giraffe!

Imagine a world where we are discerning instead of discriminating. Viscous dogs will not be tolerated or placed in families regardless of breed. Humans who misuse and abuse dogs for illicit purposes will be prosecuted. And - due to the sterilization efforts all dogs who are adoptable will have sufficient time to find a home.


Lets do this intelligently.



Sep 11, 2013

USDA to Regulate Internet Sale of Pets


Businesses that sell pets over the internet (sight unseen) will be subject to licensing and inspection under the Federal Animal Welfare Act (AWA) as the USDA revised the 40 year old definition of "retail store".
As "retail stores" are not covered under the AWA and the definition of "retail store" was put in place before the internet was invented, a huge gap was created whereby sales of animals over the internet, or "sight unseen" were unregulated as they were exempt from oversight under the AWA and invisible to state and local law enforcement.  Naturally, sick, injured and genetically inferior animals were being sold to naive buyers across the country with no checks and balances and no minimum care standards. This situation was not good for the consumer but far worse for the pets.
The USDA restored the definition of "retail pet store" to its original intent which is "a place of business or residence at which the seller, buyer and the animal available for sale are physically present so that the buyer may personally observe the animal and help ensure its health prior to purchasing or taking custody of it" thereby eliminating the "retail pet store" exemption for internet and other "sight unseen" businesses.
As such, these "sight unseen" vendors will now have to be licensed and inspected by the USDA's Animal and Plant Health Inspection Service (APHIS) to ensure the pets they sell to the public receive minimum standards of care and other requirements proscribed by the AWA.
There are a host of exemptions and other changes in this set of revisions - but - the focus and impetus for this change was the overwhelming number of sick animals coming from larger scale breeders into homes with absolutely no oversight but plenty of heartbreak.
  

Sep 9, 2013

New Mountain Lion and Swap Meet Laws in California!

This has been a good week for animals in California!

Governor Jerry Brown signed two new animal protection bills into law.



The first mandates that the Department of Fish and Wildlife (formerly Fish and Game) must use nonlethal force when removing or taking mountain lions that do not pose an imminent threat to public health and safety. The bill is specific in that the aggressive behavior not be due to the presence of the responders. This is key as we have seen responders agitate a lion until it becomes aggressive and then shoot him/her.

Hopefully the Department will train its officers in the proper use of non-lethal methods and in the definition of "imminent" so that they will be both successful in complying and able to assist and train other law enforcement that may be at a scene first.



The second will only permit the sale of animals at swap meets and flea markets if requirements for their humane treatment both at the swap meet/flea market and in transit to and from the event are complied with. This legislation fills the gap left by the ban on roadside sales bill enacted last year that did not cover swap meets and flea markets.


Hooray!














Sep 4, 2013

Vindication For Crimes Against Working Dogs

Charles Ferguson, owner and operator of J.R. Ewing Guard Dogs, Inc. et al, was convicted of 4 felony and 4 misdemeanor animal cruelty charges, as the result of a Society for the Prevention of Cruelty to Animals Los Angeles (spcaLA) animal cruelty investigation.  

The facts of this case were as horrific and gruesome as the actions of the defendant were cold and callous. For example, one dog was found dead inside a truck with her uterus severed and missing.  A necropsy revealed that she was suffering from a severe infection and that her uterus was cut while she was still alive.  She slowly bled to death, in an enormous amount of pain before she died of bacterial shock. After a trial encompassing the submission of over 40 exhibits and 17 witnesses, presented by County of Los Angeles Deputy District Attorney, Christopher Frisco, the defendant was found guilty.

This case is particularly significant in that these crimes were committed against "working animals". The animal welfare movement began in response to the cruel treatment of horses, oxen and other beasts of burden used to power factory machinery and transport people via buggies and carriages - in other words - working animals. They were not viewed as sentient beings or pets capable of suffering, but rather as machinery and vehicles. The more the animals toiled the higher the profits accrued to their owners. Although it defies logic to overdrive and weaken an animal responsible for one's income, it makes sense in that it is cheaper to replace an animal than to sustain one. In other words, it is cost effective to work an animal to death and buy a new one rather than fund quality food, veterinary care and afford them the opportunity to rest. 

Though we have progressed in our attitudes toward our pets and in our willingness to be responsible stewards of their well-being, there are still, those who see animals as workers, entertainers and merchandise, but remain blind to the fact that they are alive, suffer and ache. 

Sentencing is scheduled for September 16, 2013.  Ferguson could receive up to 16 (consecutive) years in prison and/or $160,000 in fines.   Ferguson’s license to own and operate a guard dog business has been revoked by Los Angeles County.



Sep 3, 2013

New Trapping Law In California

Governor Jerry Brown signed a bill into law that applies improves the plight of trapped animals.

The new law revises and further limits the use of certain traps such as certain "body gripping traps", it makes it unlawful to kill any trapped animal by certain methods such as drowning and chest crushing, and adds signage and warning requirements designed to prevent unintended animals and people from being harmed by the traps. Violations of this law is a misdemeanor.

It is still mandatory that traps must be visited and animals removed at least once a day.

Though our laws permit the trapping of wild animals - it should not allow the further torment and cruel treatment of those animals unfortunate enough to be trapped. This new law helps with that but further sends the message that there is no carte blanche to be inhumane to animals even under circumstances where they might be considered nuisances or lawful to hunt.





Jul 2, 2013

Hawthorne Police Gun Down Dog In Front Of Owner

Gabriel Martinze via YouTube
During an arrest of Leon Rosby for obstructing a police action, Hawthorne police officers shot and killed his  dog Max.  A spectator captured the incident on video, which has over half a million views on YouTube.


The video shows Rosby, who was filming a blockade by police with his phone, being approached by Hawthorne PD officers.  Rosby then put his Rottweiler into the backseat of his vehicle and presented himself to the officers.  As he  was handcuffed, his dog, Max, began barking and jumped out of the back window of Rosby’s car to aid his Rosby.  The officer shot the dog multiple times who,staggered, convulsed and died on the street as Rosby stood by helplessly. 

We are entitled to expect more from trained law enforcement personnel than panic. We expect that the difference between a trained officer carrying weapons and a civilian doing the same is training, discipline and control. I can panic - they cannot. Yet again, we see another instance of shoot first and ask questions later. In this video - the officer came around towards the dog with his weapon drawn - clearly demonstrating a decision to use lethal force first, rather than as a last resort. Where was the attempt at a non lethal alternative or solution? At the least - a thorough investigation into the training of all officers as well as into the specific behavior of these officers is warranted. 

The problem here is that even if it is determined that the shooting was not righteous - Max is gone for good.