[ SHOWGSD-L ] New York City-NYC to increase license fee for intact dogs, also tethering discussion

From: Stormy Hope <Stormy435@xxxxxxx>
To: gsd list <showgsd-l@xxxxxxxxxxxxx>
Date: Mon, 27 Dec 2010 07:14:56 -0800
Cross-posted with permission
And please make mention (cross post this also) of the New York City Bar
(The Association of the Bar of the City of New York) opinion on Intro
425 tethering restrictions (contained in the " Hearing Testimony
12/17/10 " which I mentioned in my first post), which is four pages long
and not only supports passage of 425 as currently written, but would
like to see (among other additions) restriction of tethering indoors. To
quote from this document:

"The Committee recommends broadening the Proposed Legislation to also
restrict tethering indoors, enforcement of which would have legal  
support".

This sentence is footnoted (Footnote 1) to cite, in a lengthy paragraph,
previous cases (not local to NYC, but across the US) which in their
opinion would support warrantless entry by law enforcement into a
private residence to prevent injury to a dog upon receipt of a complaint
of an animal in imminent danger by "tethering" or other means. The
paragraph won't copy from the pdf so I can't include it here (too
lengthy to type out by hand), but you can easily read this discussion
for yourselves by opening the file.

The cases cited in this paragraph need to be studied in depth to see
what they do, and do not say since no doubt these will be appearing at
future times to support not just indoor restrictions of tethering in
NYC, but passage of other AR-backed laws across the US, in an attempt to
show that enforcement of such laws inside a private residence is legal.
The passage of laws that relate to specific facets of care and treatment
(e.g., tethering) of a dog inside a private dwelling would thus provide
additional means for warrantless searches of private residences, if I am
interpreting this all correctly.

This is very much different from neglect/cruelty laws we already have on
the books in most jurisdictions, since, as we all know, when such laws
such as anti-tethering laws are passed, a person can be charged and
convicted ***without an animal having been harmed or being in any
danger***. If the opinion of the NYC Bar is correct based on cases they
cited (we need to study these), such laws would also provide legal
support for warrantless searches of private property should tethering or
other restricted activity be alleged by claiming that an animal tethered
in a way that didn't meat the specifications of the law was in "imminent
danger" and therefore needed to be rescued, whether or not that that
animal was, indeed, facing any threat.

We are in for some very dangerous times ahead. This is nothing short of
a complete abrogation of our property rights as dog owners, since anyone
could allege mistreatment by "tethering" or other means as reason for
warrantless search of a private residence, once such laws are passed.

And this begs another question (since I don't live in NYC) -- WHO is
feeding all of this to the NYC Bar?? And who else (and where else) are
they feeding it to?

Margo Milde

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[ SHOWGSD-L ] New York City-NYC to increase license fee for intact dogs, also tethering discussion

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