Category Archives: animal protection laws

RDOWS POSITION STATEMENT ON MANDATORY SPAY/NEUTER

RESPONSIBLE DOG OWNERS OF THE WESTERN STATES

P.O. Box 1406 Newport, WA 99156

Web Site http://www.povn.com/rdows E-mail rdows@povn.com

Blog http://rdows.wordpress.com E-mail List http://groups.yahoo.com/group/rdows

RDOWS POSITION STATEMENT ON MANDATORY SPAY/NEUTER

Responsible Dog Owners of the Western States was formed October 15, 1989 to protect the civil, and Constitutional rights, and interests of dog owners.

Responsible Dog Owners of the Western States is opposed to any government mandated invasive, or non-invasive surgeries being performed upon privately owned domestic pets. Our opposition is based upon both practical, and upon constitutional reasons. There are health risks involved with any invasive, or non-invasive surgery. The least of which is risk of infection, and there is always the risk of any surgery being fatal.

Spaying/neutering has little or no affect upon a bitch or dog’s temperament, in fact the lack of normal hormones may cause mood swings, and unpredictable behavior, and exacerbate a poor temperament. (see attached study Behavioral Assessment of Child-Directed Canine Aggression)

Legal Standpoint: Such a mandate is a taking of personal property rights by a governmental body that has usurped ownership, and use rights in the animal from its rightful owner. The United States of America is not a communist collective in which all people, and their goods are properties of the government. RDOWS upholds the domestic animal owner’s right to choose whether or not to spay, or to neuter his, or her animal. . RDOWS stipulates that an animal’s internal, and external genetalia belong to the owner of the animal. RDOWS claims the rights of ownership for all domestic pet owners based upon tens of thousands of years of proven historical ownership, and of the ancient and honorable profession of animal husbandry.

Responsible Dog Owners of the Western States sees such a mandate as an unconstitutional taking of private property without just compensation, and a violation of the Bill of Rights;

Amendment IV. The right of the people to be secure in their persons, houses, papers, and effects, against unreasonable searches and seizures, shall not be violated, and no Warrants shall issue, but upon probable cause, supported by Oath or affirmation, and particularly describing the place to be searched, or the property to be seized

· A violation of Amendment IX. The enumeration in the Constitution of certain rights shall not be construed to deny or disparage others retained by the people.

· Lastly. A violation of Amendment XIV, Section 1.All persons born or naturalized in the United States and subject to the jurisdiction thereof, are citizens of the United States and of the State wherein they reside. No State shall make or enforce any law which shall abridge the privileges or immunities of citizens of the United States; nor shall any State deprive any person of life, liberty, or property, without due process of law; nor deny to any person within its jurisdiction the equal protection of the laws.

References:

Salmeri KR, Bloomberg MS, Scruggs SL, Shille V.. Gonadectomy in immature dogs: effects on skeletal, physical, and behavioral development. JAVMA 1991;198:1193-1203
http://www.grca.org/healthsurvey.pdf
Grumbach MM. Estrogen, bone, growth and sex: a sea change in conventional wisdom. J Pediatr Endocrinol Metab. 2000;13 Suppl 6:1439-55.
Gilsanz V, Roe TF, Gibbens DT, Schulz EE, Carlson ME, Gonzalez O, Boechat MI. Effect of sex steroids on peak bone density of growing rabbits. Am J Physiol. 1988 Oct;255(4 Pt 1):E416-21.
Slauterbeck JR, Pankratz K, Xu KT, Bozeman SC, Hardy DM. Canine ovariohysterectomy and orchiectomy increases the prevalence of ACL injury. Clin Orthop Relat Res. 2004 Dec;(429):301-5.
Spain CV, Scarlett JM, Houpt KA. Long-term risks and benefits of early-age gonadectomy in dogs. JAVMA 2004;224:380-387.
Ware WA, Hopper DL. Cardiac tumors in dogs: 1982-1995. J Vet Intern Med 1999 Mar-Apr;13(2):95-103
Cooley DM, Beranek BC, Schlittler DL, Glickman NW, Glickman LT, Waters D, Cancer Epidemiol Biomarkers Prev. 2002 Nov;11(11):1434-40
Ru G, Terracini B, Glickman LT. Host related risk factors for canine osteosarcoma. Vet J. 1998 Jul;156(1):31-9.
Obradovich J, Walshaw R, Goullaud E. The influence of castration on the development of prostatic carcinoma in the dog. 43 cases (1978-1985). J Vet Intern Med 1987 Oct-Dec;1(4):183-7
http://www.akcchf.org/pdfs/whitepapers/Biennial_National_Parent_Club_Canine_Health_Conference.pdf
Meuten DJ. Tumors in Domestic Animals. 4th Edn. Iowa State Press, Blackwell Publishing Company, Ames, Iowa, p. 575
Stocklin-Gautschi NM, Hassig M, Reichler IM, Hubler M, Arnold S. The relationship of urinary incontinence to early spaying in bitches. J. Reprod. Fertil. Suppl. 57:233-6, 2001
Pessina MA, Hoyt RF Jr, Goldstein I, Traish AM. Differential effects of estradiol, progesterone, and testosterone on vaginal structural integrity. Endocrinology. 2006 Jan;147(1):61-9.
Kim NN, Min K, Pessina MA, Munarriz R, Goldstein I, Traish AM. Effects of ovariectomy and steroid hormones on vaginal smooth muscle contractility. Int J Impot Res. 2004 Feb;16(1):43-50.
Aaron A, Eggleton K, Power C, Holt PE. Urethral sphincter mechanism incompetence in male dogs: a retrospective analysis of 54 cases. Vet Rec. 139:542-6, 1996
Panciera DL. Hypothyroidism in dogs: 66 cases (1987-1992). J. Am. Vet. Med. Assoc., 204:761-7 1994
Howe LM, Slater MR, Boothe HW, Hobson HP, Holcom JL, Spann AC. Long-term outcome of gonadectomy performed at an early age or traditional age in dogs. J Am Vet Med Assoc. 2001 Jan 15;218(2):217-21. This article is available for download in Adobe Acrobat PDF format Early Spay Considerations (pdf).
ENDOGENOUS GONADAL HORMONE EXPOSURE AND BONE SARCOMA RISK

http://cebp.aacrjournals.org/cgi/reprint/11/11/1434.pdf

Cherie Graves, Chairwoman, WA, (509) 447-2821

Judy Schreiber-Dwornick, Assistant to the Chair, Director at Large, rdowsdirectoratlarge@gmail.com

Hermine Stover, Secretary, Press Liaison, CA, hermine@endangeredspecies.com

Mary Schaeffer, Finance Director, finedogs@hotmail.com

Arizona Director, John Bowen johnalldogs@sprintmail.com

California Director, Jan Dykema bestuvall@sbcglobal.net

Illinois Director, Elizabeth Pensgard bpensgard@yahoo.com

Indiana Director, Charles Coffman candkcoffman@comcast.net

Iowa Director, Leisa Boysen rdows_iowa@yahoo.com

Mississippi Director, Dan Crutchfield farmer1@telepak.net

Nevada Director, Ken Sondej 4winds@viawest.net

Ohio Director, Tiffany Skotnicky ohdirrdows@yahoo.com

Oklahoma Director, Jade Harris aadrlegislation@yahoo.com

Tennessee Director, Gina Cotton ginacotton@msn.com

Texas Director, Alvin Crow crobx@austin.rr.com

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COMMONLY ASKED QUESTIONS ABOUT SERVICE ANIMALS

COMMONLY ASKED QUESTIONS ABOUT SERVICE ANIMALS
IN PLACES OF BUSINESS

Q: What are the laws that apply to my business?

A: Under the Americans with Disabilities Act (ADA), privately owned
businesses that serve the public, such as restaurants, hotels, retail
stores, taxicabs, theaters, concert halls, and sports facilities, are
prohibited from discriminating against individuals with disabilities.
The ADA requires these businesses to allow people with disabilities to
bring their service animals onto business premises in whatever areas
customers are generally allowed.

Q: What is a service animal?

A: The ADA defines a service animal as any guide dog, signal dog, or
other animal individually trained to provide assistance to an
individual with a disability. If they meet this definition, animals are
considered service animals under the ADA regardless of whether they
have been licensed or certified by a state or local government.

Service animals perform some of the functions and tasks that the
individual with a disability cannot perform for him or herself. “Seeing
eye dogs” are one type of service animal, used by some individuals who
are blind. This is the type of service animal with which most people
are familiar. But there are service animals that assist persons with
other kinds of disabilities in their day-to-day activities. Some
examples include:

_____Alerting persons with hearing impairments to sounds.

_____ Pulling wheelchairs or carrying and picking up things for persons
with mobility impairments.

_____Assisting persons with mobility impairments with balance.

Q: How can I tell if an animal is really a service animal and not just
a pet?

A: Some, but not all, service animals wear special collars and
harnesses. Some, but not all, are licensed or certified and have
identification papers. If you are not certain that an animal is a
service animal, you may ask the person who has the animal if it is a
service animal required because of a disability. However, an individual
who is going to a restaurant or theater is not likely to be carrying
documentation of his or her medical condition or disability. Therefore,
such documentation generally may not be required as a condition for
providing service to an individual accompanied by a service animal.
Although a number of states have programs to certify service animals,
you may not insist on proof of state certification before permitting
the service animal to accompany the person with a disability.

Q: What must I do when an individual with a service animal comes to my
business?

A: The service animal must be permitted to accompany the individual
with a disability to all areas of the facility where customers are
normally allowed to go. An individual with a service animal may not be
segregated from other customers.

Q: I have always had a clearly posted “no pets” policy at my
establishment. Do I still have to allow service animals in?

A: Yes. A service animal is not a pet. The ADA requires you to modify
your “no pets” policy to allow the use of a service animal by a person
with a disability. This does not mean you must abandon your “no pets”
policy altogether but simply that you must make an exception to your
general rule for service animals.

Q: My county health department has told me that only a seeing eye or
guide dog has to be admitted. If I follow those regulations, am I
violating the ADA?

A: Yes, if you refuse to admit any other type of service animal on the
basis of local health department regulations or other state or local
laws. The ADA provides greater protection for individuals with
disabilities and so it takes priority over the local or state laws or
regulations.

Q: Can I charge a maintenance or cleaning fee for customers who bring
service animals into my business?

A: No. Neither a deposit nor a surcharge may be imposed on an
individual with a disability as a condition to allowing a service
animal to accompany the individual with a disability, even if deposits
are routinely required for pets. However, a public accommodation may
charge its customers with disabilities if a service animal causes
damage so long as it is the regular practice of the entity to charge
non-disabled customers for the same types of damages. For example, a
hotel can charge a guest with a disability for the cost of repairing or
cleaning furniture damaged by a service animal if it is the hotel’s
policy to charge when non-disabled guests cause such damage.

Q: I operate a private taxicab and I don’t want animals in my taxi;
they smell, shed hair and sometimes have “accidents.” Am I violating
the ADA if I refuse to pick up someone with a service animal?

A: Yes. Taxicab companies may not refuse to provide services to
individuals with disabilities. Private taxicab companies are also
prohibited from charging higher fares or fees for transporting
individuals with disabilities and their service animals than they
charge to other persons for the same or equivalent service.

Q: Am I responsible for the animal while the person with a disability
is in my business?

A: No. The care or supervision of a service animal is solely the
responsibility of his or her owner. You are not required to provide
care or food or a special location for the animal.

Q: What if a service animal barks or growls at other people, or
otherwise acts out of control?

A: You may exclude any animal, including a service animal, from your
facility when that animal’s behavior poses a direct threat to the
health or safety of others. For example, any service animal that
displays vicious behavior towards other guests or customers may be
excluded. You may not make assumptions, however, about how a particular
animal is likely to behave based on your past experience with other
animals. Each situation must be considered individually.

Although a public accommodation may exclude any service animal that is
out of control, it should give the individual with a disability who
uses the service animal the option of continuing to enjoy its goods and
services without having the service animal on the premises.

Q: Can I exclude an animal that doesn’t really seem dangerous but is
disruptive to my business?

A: There may be a few circumstances when a public accommodation is not
required to accommodate a service animal–that is, when doing so would
result in a fundamental alteration to the nature of the business.
Generally, this is not likely to occur in restaurants, hotels, retail
stores, theaters, concert halls, and sports facilities. But when it
does, for example, when a dog barks during a movie, the animal can be
excluded.

If you have further questions about service animals or other
requirements of the ADA, you may call the U.S. Department of Justice’s
toll-free ADA Information Line at 800-514-0301 (voice) or
800-514-0383 (TDD).

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U.S. Title 42>Chapter 21>Subchapter I. § 1983. Civil action for deprivation of rights

TITLE 42 > CHAPTER 21 > SUBCHAPTER I > § 1983
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§ 1983. Civil action for deprivation of rights
Every person who, under color of any statute, ordinance, regulation, custom, or usage, of any State or Territory or the District of Columbia, subjects, or causes to be subjected, any citizen of the United States or other person within the jurisdiction thereof to the deprivation of any rights, privileges, or immunities secured by the Constitution and laws, shall be liable to the party injured in an action at law, suit in equity, or other proper proceeding for redress, except that in any action brought against a judicial officer for an act or omission taken in such officer’s judicial capacity, injunctive relief shall not be granted unless a declaratory decree was violated or declaratory relief was unavailable. For the purposes of this section, any Act of Congress applicable exclusively to the District of Columbia shall be considered to be a statute of the District of Columbia.

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Animal Enterprise Protection Act of 1992.

Animal Enterprise Protection Act of 1992.
Public Law 102-346–Aug. 26, 1992
102nd Congress
An Act To protect animal enterprises.

Be it enacted by the Senate and House of Representatives of the United States of America in Congress assembled,

SECTION 1. SHORT TITLE.

This Act may be cited as the “Animal Enterprise Protection Act of 1992”.

SEC. 2. ANIMAL ENTERPRISE TERRORISM.

(a) IN GENERAL.–Title 18, United States Code, is amended by inserting after section 42 the following:

Ҥ 43. Animal enterprise terrorism

“(a) OFFENSE.–Whoever–
“(1) travels in interstate or foreign commerce, or uses or causes to be used the mail or any facility in interstate or foreign commerce, for the purpose of causing physical disruption to the functioning of an animal enterprise; and

“(2) intentionally causes physical disruption to the functioning of an animal enterprise by intentionally stealing, damaging, or causing the loss of, any property (including animals or records) used by the animal enterprise, and thereby causes economic damage exceeding $10,000 to that enterprise, or conspires to do so; shall be fined under this title or imprisoned not more than one year, or both.

“(b) AGGRAVATED OFFENSE.–

“(1) SERIOUS BODILY INJURY.– Whoever in the course of a violation of subsection (a) causes serious bodily injury to another individual shall be fined under this title or imprisoned not more than 10 years, or both.

“(2) DEATH.–Whoever in the course of a violation of subsection (a) causes the death of an individual shall be fined under this title and imprisoned for life or for any term of years.

“(c) RESTITUTION.– An order of restitution under section 3663 of this title with respect to a violation of this section may also include restitution–

“(1) for the reasonable cost of repeating any experimentation that was interrupted or invalidated as a result of the offense; and

“(2)) the loss of food production or farm income reasonably attributable to the offense.

“d) DEFINITIONS.– As used in this section–
“(1) the term ‘animal enterprise’ means–

“(A) a commercial or academic enterprise that uses animals for food or fiber production, agriculture, research, or testing;
“(B) a zoo, aquarium, circus, rodeo, or lawful competitive animal event; or
“(C) any fair or similar event intended to advance agricultural arts and sciences;

“(2) the term ‘physical disruption’ does not include any lawful disruption that results from lawful public, governmental, or animal enterprise employee reaction to the disclosure of information about an animal enterprise;

“(3) the term ‘economic damage’ means the replacement costs of lost or damaged property or records, the costs of repeating an interrupted or invalidated experiment, or the loss of profits; and

“(4) the term ‘serious bodily injury’ has the meaning given that term in section 1365 of this title.

“9e) NON-PREEMPTION.–Nothing in this section preempts any State law.”.

(b) CLERICAL AMENDMENT.–The item relating to section 43 in table of sections at the beginning of chapter 3 of title, United States Code, is amended to read as follows:

“43. Animal enterprise terrorism.”.

SEC. 3. STUDY OF EFFECT OF TERRORISM ON CERTAIN ANIMAL ENTERPRISES.

(a) STUDY.– The Attorney General and the Secretary of Agriculture shall jointly conduct a study on the extent and effects of domestic and international terrorism on enterprises using animals for food or fiber production, agriculture, research, or testing.

(b) SUBMISSION OF STUDY.– Not later than 1 year after the date of enactment of this Act, the Attorney General and the Secretary of Agriculture shall submit a report that describes the results of the study conducted under subsection (a) together with any appropriate recommendations and legislation to the Congress.

Approved August 26, 1992.

………………………………………..

Animal Enterprise Terrorism Act of 2006
S3880.ENR – OFFICIAL TEXT

Copied from Thomas, Congress’s official bill tracking website.

S.3880.ENR

One Hundred Ninth Congress of the United States of America

AT THE SECOND SESSION

Begun and held at the City of Washington on Tuesday,

the third day of January, two thousand and six

An Act

To provide the Department of Justice the necessary authority to apprehend, prosecute, and convict individuals committing animal enterprise terror.

Be it enacted by the Senate and House of Representatives of the United States of America in Congress assembled,

SECTION 1. SHORT TITLE.

This Act may be cited as the `Animal Enterprise Terrorism Act’.
SEC. 2. INCLUSION OF ECONOMIC DISRUPTION TO ANIMAL ENTERPRISES AND THREATS OF DEATH AND SERIOUS BODILY INJURY TO ASSOCIATED PERSONS.

(a) In General- Section 43 of title 18, United States Code, is amended to read as follows:
`Sec. 43. Force, violence, and threats involving animal enterprises

`(a) Offense- Whoever travels in interstate or foreign commerce, or uses or causes to be used the mail or any facility of interstate or foreign commerce

`(1) for the purpose of damaging or disrupting an animal enterprise; and

`(2) in connection with such purpose–

`(A) intentionally damages, disrupts, or causes the loss of any property (including animals or records) used by the animal enterprise, or any property of a person or entity having a connection to, relationship with, or transactions with the animal enterprise;

`(B) intentionally places a person in reasonable fear of the death of, or serious bodily injury to that person, a member of the immediate family (as defined in section 115) of that person, or a spouse or intimate partner of that person by a course of conduct involving threats, acts of vandalism, property damage, trespass, harassment, or intimidation; or

`(C) conspires or attempts to do so;

shall be punished as provided for in subsection (b).

`(b) Penalties-

`(1) ECONOMIC DAMAGE- Any person who, in the course of a violation of subsection (a) causes economic damage not exceeding $10,000 shall be fined under this title or imprisoned not more than 1 year, or both.

`(2) SIGNIFICANT ECONOMIC DAMAGE OR ECONOMIC DISRUPTION- Any person who, in the course of a violation of subsection (a), causes economic damage or economic disruption exceeding $10,000 but not exceeding $100,000 shall be fined under this title or imprisoned not more than 5 years, or both.

`(3) MAJOR ECONOMIC DAMAGE OR ECONOMIC DISRUPTION- Any person who, in the course of a violation of subsection (a), causes economic damage or economic disruption exceeding $100,000 shall be fined under this title or imprisoned not more than 10 years, or both.

`(4) SIGNIFICANT BODILY INJURY OR THREATS- Any person who, in the course of a violation of subsection (a), causes significant bodily injury to another individual or intentionally instills in another the reasonable fear of death or serious bodily injury shall be fined under this title or imprisoned not more than 5 years, or both.

`(5) SERIOUS BODILY INJURY- Any person who, in the course of a violation of subsection (a), causes serious bodily injury to another individual shall be fined under this title or imprisoned not more than 20 years, or both.

`(6) DEATH- Any person who, in the course of a violation of subsection (a), causes the death of an individual shall be fined under this title and shall be imprisoned for life or for any term of years.

`(7) CONSPIRACY AND ATTEMPT- Any person who conspires or attempts to commit an offense under subsection (a) shall be subject to the same penalties as those prescribed for the substantive offense.

`(c) Restitution- An order of restitution under section 3663 or 3663A of this title with respect to a violation of this section may also include restitution–

`(1) for the reasonable cost of repeating any experimentation that was interrupted or invalidated as a result of the offense;

`(2) the loss of food production or farm income reasonably attributable to the offense; and

`(3) for any other economic damage, including any losses or costs caused by economic disruption, resulting from the offense.

`(d) Definitions- As used in this section–

`(1) the term `animal enterprise’ means–

`(A) a commercial or academic enterprise that uses or sells animals or animal products for profit, food or fiber production, agriculture, research, or testing;

`(B) a zoo, aquarium, animal shelter, pet store, breeder, furrier, circus, or rodeo, or other lawful competitive animal event; or

`(C) any fair or similar event intended to advance agricultural arts and sciences;

`(2) the term `course of conduct’ means a pattern of conduct composed of 2 or more acts, evidencing a continuity of purpose;

`(3) the term `economic damage’ means the replacement costs of lost or damaged property or records, the costs of repeating an interrupted or invalidated experiment, or the loss of profits;

`(4) the term `economic disruption’–

`(A) means losses and increased costs that individually or collectively exceed $10,000, including losses and increased costs resulting from threats, acts or vandalism, property damage, trespass, harassment or intimidation taken against a person or entity on account of that person’s or entity’s connection to, relationship with, or transactions with the animal enterprise; and

`(B) does not include any lawful economic disruption that results from lawful public, governmental, or business reaction to the disclosure of information about an animal enterprise;

`(5) the term `serious bodily injury’ means–

`(A) injury posing a substantial risk of death;

`(B) extreme physical pain;

`(C) protracted and obvious disfigurement; or

`(D) protracted loss or impairment of the function of a bodily member, organ, or mental faculty; and

`(6) the term `significant bodily injury’ means–

`(A) deep cuts and serious burns or abrasions;

`(B) short-term or nonobvious disfigurement;

`(C) fractured or dislocated bones, or torn members of the body;

`(D) significant physical pain;

`(E) illness;

`(F) short-term loss or impairment of the function of a bodily member, organ, or mental faculty; or

`(G) any other significant injury to the body.

`(e) Non-Preemption- Nothing in this section preempts any State law.’.

(b) Conforming Amendment- Section 2516(1)(c) of title 18, United States Code, is amended by inserting `section 43 (force, violence and threats involving animal enterprises),’ before `section 201 (bribery of public officials and witnesses)’.

Speaker of the House of Representatives.
Vice President of the United States and
President of the Senate.

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