114 North Alfred Street
Alexandria, Virginia 22314

A SHELTER IS A SHELTER BY ANY OTHER NAME … OR IS IT?

animal-shelters

TAKING A CLOSER LOOK AT HB476

Most people understand that describing shelters as “no kill” or “high kill” is counterproductive and divisive. Less obvious is the fact that the terms “open admission” shelter and “limited access” shelter suffer the same plight. Just like “no kill” organizations pounded their chests while wagging their fingers at “high kill” shelters, “open admission” shelters can fall into the trap of pounding their chests while wagging their fingers at “limited access” shelters. This is just as counterproductive and divisive, and misses the point.

In Virginia, there are two clearly delineated types of animal shelters – public shelters and private shelters. The delineation comes from the distinct purposes of each. Every jurisdiction must have a public shelter, which is charged with many purposes, from housing stray dogs until reclaimed by their owners, to sheltering animals seized due to cruelty or neglect. Private shelters exist to support public shelters, with the explicit purpose of finding permanent adoptive homes for animals in their care. Because of this clear legal delineation, I choose to use the terms “public” shelter and “private” shelter when describing shelters.

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Virginia Legislative Update for 2014

 dog holding a wooden gavel in mouth 2014 LEGISLATIVE UPDATE

Virginia’s 2014 Legislative Session ended up being quite dynamic, with a number of legislative victories. These changes will go into effect tomorrow – July 1, 2014.

Legislative Victories

SB 228 (Bailey’s Law): This law requires pet stores to post information about the source of their dogs, including the breeders’ name, city, state and USDA license number. Additionally, SB 228 gives consumers a new remedy – for veterinary bills to care for a sick dog or cat purchased at a pet store, instead of being forced to return the animal to the pet store, or to absorb those costs if the purchaser kept the animal.

SB 42 (Fox Penning): This long-anticipated law phases out existing fox pens and prohibit new pens from opening.

HB 972 (Protective Orders): HB 972 authorizes courts to grant possession of a companion animal to protective order petitioners.

SB 177 (Service Animals): This law expands the definition of “service dog” to be more in line with the federal definition, by including dogs trained to assist those with physical, sensory, intellectual, developmental, or mental disability, or mental illness. [Read more…]

Reminder: VDACS Charitable Organization Form 102 Due May 15!

post it notes piled on top of each otherTo all Virginia nonprofits, this is a reminder that May 15 is the deadline to renew your Form 102 with the Virginia Department of Agriculture and Consumer Services (VDACS) Office of Charitable and Regulatory Programs.

Organizations that wish to solicit charitable funds in Virginia must register with VDACS.  If you’ve already registered, you still need to renew your registration each year by May 15.

Don’t forget to include an updated list of officers and directors, a copy of your 990, and any amendments to your bylaws or articles of organization.  VDACS has a handy checklist for any other documents you might also need to include.

You can get a copy of Form 102 on VDACS’ website.

Be Careful What You Ask For: The Dire Consequences of Backyard Chickens

Dog watching chickenArlington County has been considering allowing backyard hens for a while now. It is commendable to find a way to obtain eggs in a way that doesn’t support big farms and the egg industry. However, backyard chickens in an urban community have the potential for very drastic – even deadly – consequences.

Surprisingly, Arlington County’s current zoning ordinance does not prohibit chickens, but Section 12.7.1 of the zoning ordinance does require poultry to be kept in a building, structure or yard located at least 100 feet from a street or lot line. Considering Arlington’s urban nature and small lots, this set back requirement prohibits the vast majority of residents from having chickens. [Read more…]

A Sniff Is A Search By Any Other Name, But Is It Reliable? Florida v. Jardines and Florida v. Harris

The United States Supreme Court has weighed in on two K9 cases to conclude that a sniff is a search that must be supported by probable cause, and the reliability of that search is judged under the totality of the circumstances by examining the dog’s training and performance in controlled certification and training settings.

 

Dog NoseA Sniff is a Search by Any Other Name:  Florida v. Jardines

In Florida v. Jardines, Miami/Dade County Detective Pedraja received an unverified tip that Jardines was growing marijuana in his house.  A month later, the DEA and local police staked out Jardines’ home.  They saw no activity and could not see past the closed blinds into Jardines’ house.  After fifteen minutes, Pedraja and K9 Detective Bartelt walked Franky, a chocolate lab, up Jardines’ sidewalk.

At the porch, Franky started to show changes in his behavior that indicated he sensed the odor of one of the controlled substances he had been trained to detect. [Read more…]

More on Tracey v. Solesky and Maryland dog bite cases

The Maryland General Assembly’s Task Force appointed to address Tracey v. Solesky are working on a bill, and the General Assembly may have the opportunity to vote on the bill during an upcoming special session this month.  The bill is expected to impose liability on all dog owners, regardless of breed, but revert to the common law for landlords, imposing liability only if the landlord knows of the dog’s vicious propensities.

In the meantime, the law remains as it was prior to the Tracey v. Solesky ruling.  Delegate Heather Mizeur sent a request to the Maryland Attorney General regarding the status of the law while Ms. Tracey’s motion to reconsider is pending in the Maryland Court of Appeals.  The Attorney General responded that Tracey v. Solesky is stayed and does not take effect until the Court takes up the motion to reconsider. [Read more…]

High Five! The USDA Proposes Rule to Close Internet Loophole

Dog on keyboard with a paw in the airToday, the U.S. Department of Agriculture’s Animal and Plant Health Inspection Service (APHIS) proposed a rule that redefines the definition of “retail pet store” under the Animal Welfare Act (AWA) in order to shut a loophole that has allowed retailers to sell animals “sight unseen” via the internet, by mail or over the phone.

Initially passed in 1966, the AWA carved out retail pet stores, which would not be subject to USDA licensing and inspection requirements.  The rationale for this carve-out was because the consumer had the opportunity to check an animal’s health and condition in person in the store before buying the animal.  Technology has changed all of that, allowing retailers who use the internet, mail and phone sales to escape any kind of inspection by the consumer or the government. [Read more…]

Public Meeting on the Solesky Decision this Sunday

The Maryland Animal Law Center will be hosting a public meeting on the fallout of the Solesky decision and what impact it has on pet care industry companies, rescues and owners.  The meeting is this Sunday, May 6 from 2:00 to 4:00 at Coventry School for Dogs in Columbia, Maryland.  This is a great opportunity to get up to speed on what impact the Solesky decision may have.

Follow up on the Solesky Ruling

Concerned about the recent Solesky decision in Maryland, and what impact it will have?Dog's faceTune in tonight at 8:00 PM on Pit Bulletin Legal News Radio for an in-depth discussion of the Solesky decision, and what impact it is having on rescues and insurance companies.  If you can’t make it tonight, the show will be archived so you can listen to it later.

The Humane Society of the United States has also compiled information especially for pit bull and pit bull mix owners who live and rent in Maryland.

If you are looking for an animal law attorney in Maryland, you can reach out to the Maryland State Bar Animal Law Section for help.

Sometimes Bright Line Rules Just Aren’t the Answer: The Problem with Tracey v. Solesky

Bright line rules have their place. Society often benefits from clear, objective and unambiguous rules, when those rules produce even-handed and predictable results and  have very little risk of creating harsh or unjust results. Take speed limits, voting ages, and Miranda warnings as examples.

the word "mistake" being whited out But sometimes life is not black and white. Bright line rules are inappropriate and dangerous tools any time the issues turn on a variety circumstances and there is a risk of sweeping up innocent activity or individuals. Then a balancing test, or case-by-case analysis, is much more appropriate.

Today, the Court of Appeals of Maryland opted for a bright line rule in exactly the kind of case where a bright line rule is inappropriate. In Tracey v. Solesky, the Court ruled: [Read more…]