[ SHOWGSD-L ] House Committee Holds Firm On Pennsylvania Tail Docking Ban
- From: Stormy435@xxxxxxx
- To: showgsd-l@xxxxxxxxxxxxx
- Date: Wed, 11 Jun 2008 21:21:51 EDT
Subject: PA Tail Docking Bill
Date: Wed, 11 Jun 2008 20:43:37 -0700
House Committee Holds Firm On
Pennsylvania Tail Docking Ban
Dewclaw Removal Added To Animal Cruelty Bill
by JOHN YATES
The American Sporting Dog Alliance
http://www.americansportingdogalliance.org
asda@xxxxxxxxxxxx
HARRISBURG, PA - The state House Judiciary Committee on Tuesday postponed a
vote on a measure
that would essentially ban tail docking by a puppy's breeder, but also added
removal of dewclaws
in puppies to a list of acts that would be called animal cruelty. The
committee delayed the vote
until June 24, in order to resolve differences of opinion about a measure to
allow state dog
wardens to enforce cruelty statutes in some counties.
House Bill 2532, sponsored by powerful Judiciary Committee Chairman Thomas
Caltagirone (D -
Berks County), would prohibit breeders from docking the tails of puppies
that are more than
three days old. Only veterinarians would be permitted to dock the tails of
puppies once they
reach four days old.
However, there would be no way for a breeder to prove the age of a puppy
when its tail was
docked, even if it was docked legally before four days of age. This would be
impossible to prove
even a few days after the tail was docked, and this impossibility would
continue for the dog's
entire life. Since the burden of proof rests solely on a dog's owner in H.B.
2532, this
legislation represents a de facto ban on tail docking by owners at any age.
This legislation was drafted under the guidance of Gov. Ed Rendell and has
the strong support on
animal rights groups in Pennsylvania. It is part of Rendell's package of
legislation that
purports to crack down on "puppy mills." The centerpiece of the Rendell
initiative, H.B. 2525,
faces a hearing tomorrow before the House Agriculture and Rural Affairs
Committee.
Animal rights groups are touting the H.B. 2532's ban on anyone except a
veterinarian from
performing Caesarian sections and debarking procedures, which they allege is
sometimes done by
"puppy mills." The American Sporting Dog Alliance has never known of these
procedures being done
by anyone except a veterinarian, but Rendell and his allies are getting a
lot of support by
animal lovers and biased press coverage based on this emotionally charged
allegation.
However, the legislation also tacks on prohibitions against tail docking and
maintains current
prohibitions against ear cropping. The committee also voted 29-0 on Tuesday
to add the removal
of dewclaws to the list of acts that constitute animal cruelty. These three
provisions alone
directly affect tens of thousands of dogs in Pennsylvania, including several
of the most popular
breeds.
Breeders have traditionally had the right to perform tail docking and
dewclaw removal
procedures, which are considered safe and painless, and many people say that
they were taught
how to do the work by their veterinarians. These procedures are sometimes
described as akin to
clipping toenails.
An amendment offered by Rep. Ron Marsico (R- Dauphin County) would have
extended permission to
owners of litters of puppies to do their own tail docking until the puppies
are five days old.
This amendment was defeated by an almost party-line 13-16 vote, with only
one Republican and one
Democrat switching sides.
Democrats are the majority party in the House, and Rendell, also a Democrat,
has lined up strong
support for these measures in his own party. The legislation may have a more
difficult time in
the Senate, which has a slim Republican majority.
Several amendments were offered during yesterday's Committee meeting, but
their text is not
available. At this writing, the amendments had not been posted on the House
website or
incorporated into the text of the legislation.
Approved amendments include penalties for cutting off a dog's dewclaws (29-0
vote), adding
stealing dogs for use in animal fighting to the cruelty law (29-0 vote), re
quiring owners to
keep records of dogs that have had Caesarian sections of have been debarked
(29-0 vote) and
repealing record-keeping requirements for ear cropping (29-0 vote).
The delay in the final vote was caused by a difference of opinion about a
provision that would
have allowed state dog wardens to enforce animal cruelty laws in counties
that do not have an
assigned Humane Society police officer. Under current law, dog wardens
cannot enforce animal
cruelty laws.
Based on Tuesday's voting pattern, the American Sporting Dog Alliance
expects the Caltagirone
legislation to be approved by the committee and sent to the floor of the
House for a vote by all
of the legislators, unless large numbers of dog owners express clear
opposition well before June
24.
While we support some provisions of this legislation, we oppose H.B. 2532 as
a whole for several
reasons, and urge dog owners to contact members of the Judiciary Committee
to clearly ask them
to either make major changes in the legislation or reject it outright.
Our reasons for opposition are:
a.. Tail docking and dewclaw removal in young puppies is safe and
painless. Breeders have done
it for centuries, and there have been no problems reported from this
practice. Ear cropping
requires the use of a local anesthetic but is considered to be a minor
procedure, and in show
dogs this work often is done by out-of-state specialists who are not
licensed veterinarians in
Pennsylvania. Animal rights groups see these procedures as acts of
mutilation.
a.. The legislation places the burden of proof on a dog's owner, who
would be required to
produce proof that a tail was docked or dewclaws were clipped by a licensed
veterinarian in
order to avoid serious animal cruelty charges. This simply isn't workable,
because many people
buy a dog or move here with a dog from states where this is not a
requirement. People who now
own a dog with a docked tail, cropped ears or removed dewclaws often have no
idea who did the
work, as it already had been done when they obtained the dog. The issue of
burden of proof also
means that people who legally docked the tails of puppies would have almost
no way of proving
the work was done before four days of age (barring affidavits of witnesses).
a.. Anyone who brings a dog into Pennsylvania for hunting or competition
in field trials, dog
shows and other events, or simply comes here for a vacation or passes
through the state, would
be subject to being cited for animal cruelty. This essentially would destroy
many dog shows,
field trials, and obedience and herding events in Pennsylvania, and have a
very detrimental
economic impact on tourism here. Dozens of breeds of dogs traditionally have
docked tails or
cropped ears, including breeds as diverse as Brittanys, German shorthaired
and wirehaired
pointers, Rottweilers, Australian shepherds, fox terriers, springer
spaniels, miniature
schnauzers, doberman pinchers and Airedales. Dewclaw removal is a standard
practice in all
breeds of dogs.
a.. Many dog owners would be placed in a pointless "catch 22" situation,
and could not avoid
being charged with animal cruelty through no fault of their own. Some breeds
of dogs are born
with naturally short tails that resemble docked tails, but this could not be
proven. Some dogs
have dewclaws torn off while hunting, which is a common hazard and the
reason why many breeders
remove them (the danger of a torn off dewclaw is serious in an older dog).
Other puppies are
born with a broken tail from prenatal injuries, or have their tail broken by
their mothers in
the whelping box; the tails of these puppies often atrophy and fall off
naturally, and the owner
of one of these dogs could not prove that it was not done surgically. Other
dogs have their
tails broken accidentally, such as by banging them on hard objects or
getting them caught in a
door.
a.. And this legislation would destroy the work of many shelters and
rescue groups, make it
impossible for good Samaritans to help a lost or abandoned dog, and result
in the needless and
cruel euthanization of thousands of dogs every year because required proofs
could not be
obtained. People who help lost or abandoned dogs have no idea who docked
their tails, cut off
their dewclaws, cropped their ears, or even who performed dangerous
procedures like Caesarian
sections or debarking. Thus, the simple possession of one of these dogs
would constitute animal
cruelty. Euthanasia would be the only way to avoid prosecution for animal
cruelty. The
legislation provides no alternatives.
The American Sporting Dog Alliance urges all Pennsylvania dog owners and
people who bring dogs
here from other states to immediately contact the members of the House
Judiciary Committee well
before June 24 to voice opposition to H.B. 2532.
Here is a link that will list every member of the Judiciary Committee:
http://www.legis.state.pa.us/cfdocs/cteeInfo/cteeInfo.cfm?cde=24&body=H .
Simply click on each
committee member's name and his or her web page will open, giving complete
contact information.
Handwritten and mailed letters are the most effective form of communication,
followed by faxes,
phone calls and emails.
The American Sporting Dog Alliance represents owners, hobby breeders and
professionals who work
with breeds of dogs that are used for hunting. We are a grassroots movement
working to protect
the rights of dog owners, and to assure that the traditional relationships
between dogs and
humans maintains its rightful place in American society and life. Please
visit us on the web at
http://www.americansportingdogalliance.org. Our email is ASDA@xxxxxxxxxxxxx
The American Sporting Dog Alliance also needs your help so that we can
continue to work to
protect the rights of dog owners. Your membership, participation and support
are truly essential
to the success of our mission. We are funded solely by the donations of our
members, and
maintain strict independence.
PLEASE CROSS-POST AND FORWARD THIS REPORT TO YOUR FRIENDS
Have You Joined Yet?
The American Sporting Dog Alliance
http://www.americansportingdogalliance.org
"You may never know what results come from your action.
But if you do nothing, there will be no result."
Mahatma Gandhi
Stormy Hope
*~~*~~*~~*~~*~~*~~*~~*~~*~~*~~*
Dog's love is different, it requires no return
www.FairhopeGSD.com
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