Breed bans hit court opposition; anti-tethering laws gain favor

From ANIMAL PEOPLE, April 2006:

TOLEDO, TIPTON (Pa.)–A three-judge panel of the Ohio Sixth
District Court of Appeals on March 3, 2006 struck down as
unconstitutional both the Toledo ban on pit bull terriers, in effect
for more than 20 years, and the parts of the Ohio Revised Code on
which the ban was based.
The 2-1 opinion, written by Judge William Skow with assent
from Judge Arlene Singer, reversed a 2004 ruling by Toledo Municipal
Court Judge Francis Gorman.
Lucas County dog warden Tom Skeldon reluctantly instructed
his staff to stop citing Toledo residents for possession of multiple
pit bulls, not carrying dog bite liability insurance, and not
keeping pit bulls under close control.
“We’re not in the pit bull business any more. We’re not in
the vicious-dog business any more,” Skeldon told Erica Blake of the
Toledo Blade. “They’ve taken away our ability to enforce
containment, whether of a German shepherd or a pit bull, whether
the dog has bitten someone or not.”

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Illinois Bureau of Animal Welfare case overload

From ANIMAL PEOPLE, March 2006:

CHICAGO–“Between 2000 and 2005, Illinois residents filed
3,282 complaints about animal welfare licensees to the state
Department of Agriculture’s Bureau of Animal Welfare,” wrote Chicago
Tribune staff reporter John Biemer on February 14, citing
information obtained by activist Cherie Travis. The Bureau of Animal
Welfare supervises pet stores, shelters, pounds, and breeding and
boarding kennels.
“Just three of the 3,282 cases resulted in hearings,” Biemer
continued, “and each time those actions were deemed unwarranted.
Further,” Biemer noted, “Illinois has just seven investigators to
check into complaints and make annual visits to the premises of 1,809
licensees.”
Said American SPCA representive Ledy VanKavage, “There’s no
way in hell that just seven people can deal with that kind of
caseload.”
Added Biemer, “When they find a licensee is not complying
with state law, they have only two punitive options: they can
either revoke or suspend the license. Those actions create a big
problem: what do you do with the animals?”
A bill introduced by state representative Patti Bellock
(R-Hinsdale) would enable the Bureau of Animal Welfare to levy fines
ranging from $200 to $1,000 for violations not deemed severe enough
to warrant license revocation or suspension.

Wisconsin and Michigan wolves

From ANIMAL PEOPLE, March 2006:

The heavily publicized Yellow-stone region wolf wars have
parallels in the upper Midwest, the one part of the Lower 48 states
where wolves were never killed out.
After wolves gained Endangered Species Act protection in
1974, the Wisconsin wolf population continued to struggle for a
decade, but now has increased to as many as 455, a fourfold
increase in 10 years, coinciding with abundant deer and falling
numbers of human deer hunters.
Wolves in the upper Midwest in April 2003 were federally
downlisted from “endangered” to “threatened,” but the “endangered”
status was judicially restored in January 2005. In the interim,
the Wisconsin Department of Natural Resources killed 70 alleged
“problem” wolves.
Humane Society of the U.S. conservation consultant Karlyn
Atkinson Berg told Lee Berquist of the Milwaukee Journal Sentinel in
February that Wisconsin wolf numbers warrant downlisting.
“Unfortunately,” Berg said, “the history of wolves is that
if a wolf kills one sheep, then people want to kill 100 wolves.” she
said. Farmers, Berg observed, are “never required to exercise good
husbandry,” to prevent predation on unattended animals.
There are now about 405 wolves on the Michigan Upper
Peninsula, say state biologists, who believe the Michigan
population has reached the carrying capacity of the habitat.

Waystation audit

From ANIMAL PEOPLE, March 2006:

The California Office of the Attorney General on February 14
ordered Wildlife Waystation founder Martine Colette to reimburse the
Waystation $64,128 for the care of her personal horses.
“Colette can deduct that amount from $140,000 the Waystation
owes her from personal loans she made when the sanctuary was in
financial trouble,” wrote Los Angeles Daily News staff writer Kerry
Cavanaugh.
“Also,” Cavanaugh said, “the Attorney General’s Office
ordered the Waystation to correct information on its web site that
said the refuge employs two part-time veterinarians, when in fact
the Waystation has two vet techs.”
The orders concluded a three-year audit of the Waystation by
the Charitable Trust Division of the California Department of Justice.

New Jersey sues coin-can fundraiser

From ANIMAL PEOPLE, March 2006:

NEWARK–New Jersey Attorney General Zulima V. Farber and
Consumer Affairs Director Kimberly Ricketts on February 1, 2006 sued
seeking “civil monetary penalties and to enjoin the National Animal
Welfare Foundation Inc. and its principal, Patrick G. Jemas, from
any future charitable activities in New Jersey,” they announced in a
joint news release.
“Between fiscal years 2002 and 2005, NAWF collected $70,795
in canister donations,” Farber and Ricketts explained, “but spent
$75,891 on fundraising, payroll, meals, automobiles, printing,
and other undefined areas. In only one fiscal year,” Farber and
Ricketts continued, “did reported donations exceed reported
expenses.”
Jemas’ activities came to light in September 2002 though a
“phony organizations” alert issued by Associated Humane Societies of
New Jersey executive director Rosanne Trezza, then assistant
director.

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Brenda Barnette leaves Tony LaRussa’s ARF

From ANIMAL PEOPLE, March 2006:

Brenda Barnette, executive director of Tony LaRussa’s Animal
Rescue Foundation in Walnut Creek, California since mid-2003,
resigned suddenly at the end of January 2006 after the death of her
mother. Previously development director for the San Francisco SPCA
and executive director of Pets In Need in Redwood City, California,
Barnette at Tony LaRussa’s doubled program spending, halved
overhead, and reduced the remaining debt owing for a $16 million new
shelter from $6 million to $3 million. Adoptions during her tenure
increased from 456 before the new shelter opened to more than 1,800
in 2005.

Parrot diversity in greater NYC area

From ANIMAL PEOPLE, March 2006:

Monk parakeets are not the only feral parrots in the greater
New York area– just the most abundant.
Mitred conures have been reported at large in New York City
since 1984. A pair of mitred conures in 1988 nested in the eves of a
house in the Rosedale section of Queens, New York. They had four
surviving offspring, and the flock had increased to 30 by 1994,
Marc Morrone of Parrots of the World told Long Island Newsday then.
“People think they are going to freeze to death, somebody
lost them, or that they have gold in their trees,” Morrone said,
advising that the birds should be left alone.
Though still few, the mitred conures now seem to be
permanent residents.
A cockatiel, either feral or an escapee, had the dubious
distinction of being the first New Jersey bird known to be infected
with the mosquito-born West Nile virus–which in North America has
most often hit crows. Caught alive in Middletown, New Jersey, in
July 2000, the cockatiel died later at a Staten Island veterinary
clinic.

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$1.2 million for wrongful dismissal

From ANIMAL PEOPLE, March 2006:

HOUSTON–The Texas 1st Court of Appeals in mid-February 2006
upheld a $1.2 million state district court jury award for wrongful
dismissal made to former Houston city veterinarian Sam Levingston,
DVM, 75.
“The case began when Levingston, who worked for the city for
eight years, sued the Bureau of Animal Regulation and Care after he
was fired in May 2000,” wrote Alexis Grant of the Houston Chronicle.
“He said he was fired for complaining that employees were not
properly caring for animals. The city said Levingston was fired
because a dog and her puppies died while in his care.”
Houston city attorney’s office division chief Connie Acosta
said the city would seek a rehearing.

Lousiana Supreme Court allows local cockfighting ban

From ANIMAL PEOPLE, March 2006:

NEW ORLEANS–Cockfighting is legal in Louisiana because no
state law says it isn’t. However, since no law expressly authorizes
it either, Caddo Parish has the right to ban it, the Louisiana
Supreme Court ruled on January 19.
“The decision overturned a district court order which kept
Sheriff Steve Prator from enforcing the parish animal cruelty
ordinance,” wrote Janet McConnaughey of Associated Press. “The
parish ban was passed in 1987, but Prator said it had never been
enforced until numerous complaints about cockfights at the Piney
Woods Game Club and the Ark-La-Tex Game Club Inc. prompted him to
look into the parish laws.”
The clubs sued, arguing that parrots and canaries are the
only birds covered by the state anti-cruelty law. Ark-La-Tex
secretary Drena Nix told McConnaughey that she expects to sue again,
since her club was given a business license when opened in 1997.

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