Tag Archives: cats

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

Leave a comment

Filed under animal protection laws, dog laws, fact, science, Uncategorized

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.

Leave a comment

Filed under animal protection laws, dog laws