Tuesday, March 31, 2009

Forever Franky

Produced by Ohio Rottweiler Rescue, this touching video and story is about a dog named Franky that was rescued in late 2008. The transformation of Franky from near death to a healthy, gorgeous dog is so beautiful that you'll definitely need to have a tissue in hand. Enjoy!

Monday, March 30, 2009

Ohio House Bill 79

PLEASE READ AND CROSSPOST

Measle's Animal Haven (MAH) believes wholeheartedly that pit bulls with responsible owners are the BEST and most loving family pets of all breeds. MAH knows from our vast experience that pit bulls and pit bull-type dogs are NOT automatically "vicious." Unfortunately, there is a very small percentage of the total pit bull population that MAY be vicious toward humans (though this is not ever the dog's fault, as a dog's behavior is always a result of irresponsible/criminal ownership fostering inbreeding/abuse/neglect of the dog). Equally unfortunate is the fact that a pit bull's size and strength allow that tiny percentage of "vicious" dogs to inflict severe damage on people if they attack a human (please note that this is true of ANY large breed dog and does not just apply to pit bulls!).

However, Ohio's current BSL does NOT foster responsible ownership -- instead it promotes what is tantamount to breed genocide in the killing of thousands of gentle, happy, friendly pit bulls each year just because of their breed.

MAH promotes responsible ownership of pit bulls to ensure the safety, health, and happiness of our beloved family pets. We advise all pit bull owners to spay/neuter their pets and abide by any laws pertaining to pet ownership and the pit bull breed. Further, for the safety of our pit bulls, we insist that anyone adopting our rescued pit bulls properly restrain their dogs at all times (keep your pit bull leashed or in a locked fenced yard and never take your pit bull to an off-leash dog park), even if the adopter lives in a state where there is no BSL.

Ohio House Bill 79, introduced last week by Rep. Barbara Sears of Sylvania , would amend § 955.11 of the Ohio Revised Code to remove “pit bulls” from the definition of “vicious dog." Dog advocates throughout Ohio are working hard on legislative efforts and strongly support this bill for the following reasons:

  1. BSL (breed specific legislation) is never a good idea, it only serves to punish responsible dog owners while doing nothing to crack down on irresponsible owners and in Ohio, has led to the slaughter of thousands of innocent dogs simply because of what they look like.
  2. Ohio is the only State in the country that automatically defines pit bulls as vicious. Some States, such as Texas, have taken the opposite approach and have prohibited BSL completely.
  3. No breed of dog, including pit bull, is inherently dangerous or vicious. Even dogs that have been bred and trained as fighting dogs, such as the Michael Vick dogs, are often able to be rehabilitated.
  4. Current Ohio law places an undue hardship on responsible dog owners by requiring pit bull owners to carry liability insurance that covers injury to a human by their pit bull(s). All pit bulls or dogs that "look" like a pit bull and the good owners and bad owners are all tainted by the assumption that they will bite/maim/kill a human at the slightest provocation. There is not even a provision for dogs who pass the Canine Good Citizen test, are spayed/neutered, and have responsible owners.
  5. All definitions of dangerous or vicious dogs should be based on the behavior of the individual dog -- NOT THE BREED.
  6. Some additional reasons and evidence are cited on Best Friends Network.

Please contact your legislator to voice your opinion on H.B. 79. Phone calls, faxes and letters work the best. Additionally, please contact the bill's sponsor, Rep. Sears, to thank her for sponsoring this bill and working to improve the lives of pit bulls in Ohio. Lastly, the bill has been assigned to the Agriculture and Natural Resources Committee and we urge people to contact them as well.

Please take a moment to write letters of support for Representative Sears’ bill that would remove the “pit bull” clause from the Ohio Revised Code. (See the addresses listed below.)

Sincerely,
Robin Laux

Measle's Animal Haven Pit Bull Rescue
www.MeaslesAnimalHaven.org

Members Agriculture and NaturalResource Committee

John Domenick
Phone: (614) 466-3735
Fax: (614) 719-6995
Email: district95@ohr. state.oh. us

Alan Sayre
Phone: (614) 466-8035
Fax: (614) 719-6996
Email: district96@ohr. state.oh. us

Linda Bolon
Phone: (614) 466-8022
Fax: (614) 719-6971
Email: district01@ohr. state.oh. us

Dan Dodd
Phone: (614) 466-2500
Fax: (614) 719-6991
Email: district91@ohr. state.oh. us

Jennifer Garrison
Phone: (614) 644-8728
Fax: (614) 719-6993
Email: district93@ohr. state.oh. us

Dennis Murray
Phone: (614) 644-6011
Fax: (614) 719-6980
Email: district80@ohr. state.oh. us

Deborah Newcomb
Phone: (614) 466-1405
Fax: (614) 719-6999
Email: district99@ohr. state.oh. us

Mark Okey
Phone: (614) 466-1464
Fax: (614) 719-3961
Email: district61@ohr. state.oh. us

Raymond Pryor
Phone: (614) 644-7928
Fax: (614) 719-6985
Email: district85@ohr. state.oh. us

W. Carlton Weddington
Phone: (614) 466-5343
Fax: (614) 719-3581
Email: district27@ohr. state.oh. us

Jeff Wagner
Phone: (614) 466-1374
Fax: (614) 719-6981
Email: district81@ohr. state.oh. us

Richard Adams
Phone: (614) 466-8114
Fax: (614) 719-3979
Email: district79@ohr. state.oh. us

Troy Balderson
Phone: (614) 644-6014
Fax: (614) 719-6994
Email: district94@ohr. state.oh. us

Terry Boose
Phone: (614) 466-9628
Fax: (614) 719-3958
Email: district58@ohr. state.oh. us

Timothy Derickson
Phone: (614) 644-5094
Fax: (614) 719-6953
Email: district53@ohr. state.oh. us

Matthew J. Dolan
Phone: (614) 644-5088
Fax: (614) 719-6998
Email: district98@ohr. state.oh. us

Dave Hall
Phone: (614) 466-2994
Fax: (614) 719-6997
Email: district97@ohr. state.oh. us

Margaret Ruhl
Phone: (614) 466-1431
Fax: (614) 719-6990
Email: district90@ohr. state.oh. us

James Zehringer
Phone: (614) 466-6344
Fax: (614) 719-3977
Email: district77@ohr. state.oh. us

In addition, OHIO RESIDENTS should contact their respective district representatives to encourage them to support HB79. You can find your local representatives on the home page of the Ohio Legislature website.

Finally, please write to Representative Sears to thank her for sponsoring HB 79 and bringing their very important issue to the floor:
Barbara R. Sears
( R )Representative
77 S. High St
10th Floor
Columbus, OH43215-6111
Tel: (614) 466-1731
Fax: (614) 719-6946
Email: district46@ohr. state.oh. us

If you would like to write to the representatives via snail mail, all correspondence should be sent to The Honorable ____________, 77 South High Street , Columbus , Ohio 43215-6111 .

It would be an incredible achievement to implement positive change to Ohio's laws regarding pit bulls. So please write TODAY…this issue is too important to put off!

Why Wasn't There a Conviction?

Companion Animal Protection Society’s Undercover Investigation Convicts USDA Licensed National Dog Breeder & Broker Kathy Bauck in Minnesota of 4 Misdemeanors, Jury Dismisses 2 Felony Charges

(Boston, MA) – The Companion Animal Protection Society (CAPS) is extremely disappointed that the jury for the trial of Kathy Bauck, the owner and operator of Pick of the Litter (aka Puppies on Wheels) in New York Mills, Minnesota, did not find Bauck guilty of two felony charges. However, based on the laws of Minnesota, we understand why they arrived at their decision.

Minnesota statute 343.20, sub. 6 defines pet or companion animal: "Pet or companion animal" includes any animal owned, possessed by, cared for, or controlled by a person for the present or future enjoyment of that person or another as a pet or companion, or any stray pet or stray companion animal. Nothing in this statute indicates that dogs are livestock, but Bauck’s defense attorney raised the argument that the dogs that were shown in the video taken by the CAPS investigator were her "breeding stock" dogs. As such, he stated that they shouldn't be considered pets or companion animals. The legal argument and interpretation will be up to the judge to decide during the final sentencing.

What makes Minnesota Statute 343.21, Overworking or Mistreating Animals, a felony is in the penalty portion in subdivision 9, under subdivision (c) - having a previous gross misdemeanor on felony conviction or (d) the intentional violation that results in the death or great bodily harm of a pet or companion animal, which the prosecution argued. The other sections of this subdivision did not apply to the Kathy Bauck case.

In Count 3, a torture violation charged as a gross misdemeanor under 343.21, subdivision. 9 (b), the jury had to answer additional questions, including whether or not the animal was a pet or companion animal; they answered "No" to that question. Therefore, this made it more likely that the jury would have found Bauck not guilty of a felony.

For there to be a felony, the defendant’s behavior must be proven intentional. During the incident documented below, the CAPS investigator was not wearing a hidden camera daily because of security precautions. Without video evidence for the first felony count, it was hard for the jury to determine if there was intentional behavior by Bauck. This incident was documented by the CAPS investigator in field notes and a report:

5/5/08: I worked from about 8:30 to 17:30 today. I began chores in the puppy barns, and I found that a Bichon on the eastern row of the western room of the Red Barn was having puppies. One puppy, that appeared to be partially flattened, was dead on the pen flooring while a live puppy was hanging from an umbilical cord from the mother. I told this to Kathy, who told me to bring the dog to her. She injected the mother with calcium sulfate to “aid contractions,” and then spent about 15 minutes trying to reach inside to pull a puppy out. She did not wash or sanitize her hands before reaching into the dog’s cavity. She brought a puppy out that was not breathing, and blew hard into its mouth and nose before slapping its back repeatedly and very hard. She would then keep blowing air into the puppy and rubbing its chest until the puppy began to breathe shallowly, though it was dead about two hours later. At about that time, Kathy tried again to get another puppy from the Bichon, and she got the help of Corinne and Andy. The three women alternated using two pairs of surgical clamps that they grabbed the puppy with inside the mother. Kathy tore the tail off of the puppy, and all three women kept pulling tufts of fur attached to bloody skin, until Kathy pulled a rear leg completely off the puppy. About five minutes later, the puppy came out dead and it was decided that no more puppies were in the mother.

The CAPS investigator’s quote: “I observed consistent neglect and abuse at the Bauck family’s kennel. Common sense shows that animal cruelty at their kennel will not end as long as they are breeding dogs. The dogs at the kennel have no way to protect themselves, and that fact should be at the core of the decision in sentencing Kathy Bauck.”

Regarding the sentencing, anything short of the judge ordering that all of the dogs and cats be removed and Bauck and her family be banned from the practice of breeding is acceptable. The Bauck family should be allowed to keep one pet cat/or one pet dog as long as this companion animal is spayed or neutered. Bauck should also be banned from employment by any person or business that deals in the raising of dogs or cats for profit purposes. See the State of South Dakota vs. Gary Haiar (August 1992) for a similar sentence. Haiar had approximately 400 dogs and was in the process of obtaining a USDA license when found guilty of animal cruelty. CAPS generated publicity about this deplorable facility in Life magazine in September 1992.

USDA regulations should also be amended to require automatic termination of a license upon a conviction for animal cruelty, whether it be a misdemeanor or felony offense. Section 2.11 of the Animal Welfare Act regulations merely states that a license will not be issued to any applicant how has been fined, sentenced to jail or pled nolo contendere under state or local cruelty to animal laws within 1 year of application. USDA is currently reviewing the CAPS evidence. Sadly, however, even if Bauck loses her USDA license and can no longer sell to pet shops, she will still be able to sell over the internet because breeders who sell strictly over the internet are not regulated under federal laws.

Minnesota has no state inspection program but there is legislation currently in front of the state legislature that would ban state licensed kennel operators who have been convicted of animal cruelty from having a license. CAPS supports this legislation, especially because it would apply to internet breeders.

For more information please visit www.caps-web.org or call the Companion Animal Protection Society at 781.210.0938.


###

About Companion Animal Protection Society:
Companion Animal Protection Society (CAPS) is the only national nonprofit organization dedicated to protecting companions from cruelty and inhumane breeding practices in Pet Shops and Puppy Mills. Founded in 1992, CAPS actively addresses this issue through undercover investigations, consumer education through the media, legislative involvement, puppy mill dog rescues, consumer assistance and pet shop employee relations. CAPS has gained worldwide recognition for targeting puppy mill operations and converting pet shops to humane animal adoption centers. The Companion Animal Protection Society is based in the Boston, MA area. For more information please visit
www.caps-web.org.

Jasmine

In 2003, police in Warwickshire, England, opened a garden shed and found a whimpering, cowering dog.. It had been locked in the shed and abandoned. It was dirty and malnourished, and had clearly been abused.

In an act of kindness, the police took the dog, which was a Greyhound female, to the nearby Nuneaton Warwickshire Wildlife Sanctuary, run by a man named Geoff Grewcock and known as a willing haven for Animals abandoned, orphaned or otherwise in need. Click for http://www.warwickshirewildlifesanctuary.co.uk/index.htm. Geoffand the other sanctuary staff went to work with two aims to restore the dog to full health, and to win her trust. It took several weeks, but eventually both goals were achieved.

They named her Jasmine, and they started to think about finding her an adoptive home.



But Jasmine had other ideas. No one remembers now how it began, but she started welcoming all animal arrivals at the sanctuary. It wouldn't matter if it was a puppy, a fox cub, a rabbit or, any other lost or hurting animal, Jasmine would peer into the box or cage and, where possible, deliver a welcoming lick.


Geoff relates one of the early incidents. "We had two puppies that had been abandoned by a nearby railway line. One was a Lakeland Terrier cross and another was a Jack Russell Doberman cross. They were tiny when they arrived at the centre and Jasmine approached them and grabbed one by the scruff of the neck in her mouth and put him on the settee. Then she fetched the other one and sat down with them, cuddling them."

"But she is like that with all of our animals, even the rabbits. She takes all the stress out of them and it helps them to not only feel close to her but to settle into their new surroundings.



"She has done the same with the fox and badger cubs, she licks the rabbits and guinea pigs and even lets the birds perch on the bridge of her nose."

Jasmine, the timid, abused, deserted waif, became the animal sanctuary's resident surrogate mother, a role for which she might have been born. The list of orphaned and abandoned youngsters she has cared for comprises five fox cubs, four badger cubs, 15 chicks, eight guinea pigs, two stray puppies and 15 rabbits.

And one roe deer fawn. Tiny Bramble, 11 weeks old, was found semi-conscious in a field. Upon arrival at the sanctuary, Jasmine cuddled up to her to keep her warm, and then went into the full foster mum role. Jasmine the greyhound showers Bramble the Roe deer with affection and makes sure nothing is matted.



"They are inseparable," says Geoff "Bramble walks between her legs and they keep kissing each other. They walk together round the sanctuary.

It's a real treat to see them."


Jasmine will continue to care for Bramble until she is old enough to be returned to woodland life.

When that happens, Jasmine will not be lonely. She will be too busy showering love and affection on the next Orphan or victim of abuse.



From left, Toby, a stray Lakeland dog; Bramble, orphaned Roe deer; Buster, a stray Jack Russell; a dumped rabbit; Sky, an injured barn owl; and Jasmine with a Mother's heart doing best what a caring Mother would do... Such is the order of God's Creation.

Thursday, March 26, 2009

USDA Licensed National Dog Broker Found Guilty

Companion Animal Protection Society’s Undercover Investigation Convicts National Dog Breeder & Broker Kathy Bauck in Minnesota

(Boston, MA)
– An undercover investigation by the Companion Animal Protection Society (CAPS), the only national nonprofit organization dedicated to protecting companion animals from cruelty and inhumane breeding practices in pet shops and puppy mills, is pleased to announce that Kathy Bauck, the owner and operator of Pick of the Litter (aka Puppies on Wheels) in New York Mills, Minnesota, has been found guilty of four misdemeanor counts of animal cruelty and torture.

Ms. Bauck was one of the largest national USDA licensed dog brokers, distributing thousands of dogs to pet shops across the country and via the internet. Based on evidence compiled by CAPS, Ms. Bauck was found guilty by a jury for four misdemeanor counts of cruelty and torture at a trial that began on March 18th and ended on March 24th 2009.

While under a cease and desist order from the State Veterinary Board for the practice of veterinary medicine, including doing C-sections on her dogs, Ms. Bauck continued to practice vet medicine, which was documented by her employees. However, the state allowed her to plea bargain for just one charge for the practice of veterinary medicine and dropped the cruelty charge for killing a puppy by bashing it against a pole. While on parole and serving work release, she continued to commit cruelty that was documented by a CAPS undercover investigator. CAPS submitted the investigator’s hidden camera footage, photographs and reports to local authorities. This documentary evidence was the basis of the criminal case against Bauck.

At the time of the investigator’s employment, Ms. Bauck’s facility held 900 adult dogs and approximately 400 puppies. The undercover video shot by the CAPS investigator shows dogs that are sick, wounded, and emaciated. Dogs at her facility commonly became wounded through fights, even some of the small breed dogs.

CAPS has an online pet shop and internet puppy complaint form and over the years has received a number of complaints from consumers who purchased sick puppies that were bred or brokered by Bauck.

Ms. Bauck has been licensed by the USDA since 1983 and despite CAPS investigations since 1997, the USDA has failed to take action. The July 2008 USDA inspection report for Bauck had no violations of the Animal Welfare Act (AWA). CAPS has been investigating the USDA’s failure to enforce the AWA since 1995 and has been lobbying members of Congress for oversight hearings regarding USDA’s lax enforcement of the AWA. CAPS returns to the Capitol in April to meet with USDA officials and members of Congress and will use the Bauck case as evidence of the USDA’s malfeasance.

At 9:18pm on Tuesday March 24, 2009 after reviewing all of the evidence by the CAPS investigator, the jury determined that Ms. Bauck was guilty of four misdemeanor counts. The sentencing hearing will be on April 24, 2009.

Click here to view the video for the investigation report.

The trial has generated the following news coverage:

ABC Boston aired on March 25, 2009 “Conviction in Animal Cruelty Case”
http://www.thebostonchannel.com/video/19016577/index.html

ABC Boston reports sick puppies from online purchases
http://www.thebostonchannel.com/news/18870823/detail.html

ABC Boston aired a two-part expose on the CAPS undercover investigation of Pick of the Litter, owned by Kathy Bauck.http://www.thebostonchannel.com/news/17932078/detail.html

CBS 2 and KCAL 9 in Los Angeles aired "Buy Internet Puppies at Your Peril" http://cbs2.com/watercooler/Internet.puppies.caution.2.861653.html
puppies.caution.2.861653.html

CBS2 Chicago aired the third installment about the CAPS undercover investigation of Pick of the Litter, owned by Kathy Bauckhttp://cbs2chicago.com/local/Internet.puppies.%20Zekman.2.861245.html
Zekman.2.861245.html

CBS Minneapolis aired an expose on the CAPS undercover investigation of Pick of the Litter, owned by Kathy Bauck.http://wcco.com/iteam/i.team.puppy.2.872927.htmlUSDA Considering Action against Puppy Mill Ownerhttp://cbs2chicago.com/investigations/bad.breeder.usda.2.838041.html
bad.breeder.usda.2.838041.html

CBS2 Chicago aired an exclusive expose on the CAPS undercover investigation of Pick of the Litter, owned by Kathy Bauck
http://cbs2chicago.com/investigations/cathy.bauck.puppy.2.837035.htmlcathy.bauck.puppy.2.837035.html

For more information please visit http://www.caps-web.org/ or call the Companion Animal Protection Society at 781.210.0938.


###

About Companion Animal Protection Society:
Companion Animal Protection Society (CAPS) is the only national nonprofit organization dedicated to protecting companions from cruelty and inhumane breeding practices in Pet Shops and Puppy Mills. Founded in 1992, CAPS actively addresses this issue through undercover investigations, consumer education through the media, legislative involvement, puppy mill dog rescues, consumer assistance and pet shop employee relations. CAPS has gained worldwide recognition for targeting puppy mill operations and converting pet shops to humane animal adoption centers. The Companion Animal Protection Society is based in the Boston, MA area. For more information please visit
www.caps-web.org.

Nightline Investigates Puppy Mills Airs This Friday

ABC Nightline investigates puppy mills - the program is scheduled to air this Friday (March 27, 2009) at 11:35 PM (Eastern Standard Time; check local listings for your area) and is expected to include coverage of Amish and Mennonite commercial breeders.

Pennsylvania puppy mills and Main Line Animal Rescue (MLAR) were filmed as part of this special segment.

Don't miss it!

Never Raise a Parrot with a Baby

Bird enthusiasts -- you're going to LOVE this!