Positive Petzine

To all dog owners:

I wish I knew how to get through dog owner's apathy while special interests are decimating our rights to dog ownership. Almost all lists (thankfully not this one, DDBS is to be commended that they do not count this information as OT), refuse to allow ANY notices regarding dog laws, much less discussion. So too many people take these proposed laws at face value and do not see where these are all packaged with nice names like (Ca Healthy Pet). Now who is going to be against a healthy pet?

It is very frustrating to those of us in the know when dog people look at the wording in a bill and think it is benign, not knowing that certain words missing or present in a bill tell how it will be enforced and what the consequences will be.

A current example:

Proponents of Ca AB 1634 are saying that purebreds are exempt from this law. That is absolutely not true. Certain purebreds under certain conditions MAY be exempt if their community will give them a PERMIT. If not, they will have to be s/n also.

Lessons in DOG LAW:

1) Do not believe any summary by any group. Get a copy of the bill from the official government site. Look for the most recent version and if you have questions send it to me and I will give you an interpretation (though I am not a lawyer, I have read too many of these for the last 1 1/2 years and have learned what language triggers problems). Or get a legal opinion, or two.

Do not assume that people interpreting the law will interpret the law as you would. One thing I have learned in 1 1/2 years of fighting bad legislation is that no 2 dog owners (just like no 2 dog trainers) will agree on the same dog related things. So why assume the writer's words will only be interpreted the way you would? Decide for yourself if it makes sense and has safety written in for someone who disagrees that this law should apply to them. Bottom line: You may be the one saying "I am not guilty of that!"

Is this truly just a stricter interpretation or penalty of a current law (hint...It will say so in the text that this new law is replacing...legal description of old law) OR is it a NEW law? If it is a new law is it an ordinance (not too terrible to fight an ordinance). Or does it make a new crime? A misdemeanor (criminal record) or felony (prison time possible)? Both criminal laws can effect someone's job and ability to make a living. Be sure any law that does that has lots of safeguards and a high level of proof required by the government (not the owner of the dog...IE CA SB 1806 (dogs in cars) - new laws, new crime, owner needs to Prove conditions were OK).

2) Words in legal documents are not all to be taken like they are in everyday life. Many words have special considerations when used in a legal document.

MAY: means may not is possible as well.

Permit: means denial is possible for no good reason as well.

License: means you will get if you qualify, can lose it only for specified in law reasons (abuse of laws relating to license, think driving license).

Look for protections. See if you don't agree that you are breaking the new law what your options are (many now have owners being guilty and having to PROVE innocence). Historically, Americans believe they are innocent until proven guilty. The burden of proof determines this. Look for this in any new law. Many are now being written to put the burden of proof on the dog owner and NOT the government. Many animal cruelty laws being written now do not have to prove by way of a vet that the animal was injured in some way. Only that they MIGHT possibly have been. What kind of level of protection is that?

In state legislation a common problem is that there is wording that says NO LOCAL area may enact terms less stringent. So law is minimum accepted standard, a community may not lessen the effect locally. BUT also this same provision usually states, that terms may be MORE stringent. Which means the terms can be harsher than state law.

EX: Ca healthy pet. local communities (even those that earlier defeated s/n provisions) MUST have provisions for state dictated enforcement. BUT ALSO....If they want to not allow any permits, they are allowed to do that as well.

If you do not support a bill, do not expect other people to fight your battle. Write your repsentatives, write your newspaper, call and write your TV stations. People have power, but not if they ignore what is going on.

I have 2 favorite quotes regarding legislation:

1) "You should not examine legislation in the light of the benefits it will convey
if properly administered, but in the light of the wrongs it would do and the
harm it would cause if improperly administered."
Lyndon Johnson, 36th President of the United States

2)One of the greatest delusions in the world
is the HOPE that the evils of this world
are to be cured by legislation"
Thomas B. Reed (1886)

Please monitor your state and local lawmakers. They can do a lot of damage while we are at dog training and dog shows and home with the family.

Kym