Ohio Bill Strips Away Dog Ownership Rights

A bill before the Ohio legislature takes aim at the concept of dogs
as private property, stripping away the right of private ownership
of dogs. The legislation redefines owners of kennels as
having "custody of or control" over dogs, but does not grant them
the right of actual ownership. The bill is designed to regulate
kennels having nine or more breeding dogs. It requires additional
regulation of kennels that sell more than 25 dogs and puppies a
year, which are called "intermediary" kennels.

House Bill 223 gives dogs the same legal status and rights as human
children or wards of the state, and incorporates many of the basic
principles advocated by extreme animal rights groups such as the
Humane Society of the United States and People for the Ethical
Treatment of Animals. HSUS and PETA believe that all animals should
be granted rights equal to those guaranteed to humans, and the Ohio
legislation reflects this position.

The American Sporting Dog Alliance (ASDA) has identified the Ohio
legislation as one of its highest priorities for 2008, and is
assembling a strong leadership team and legal representation to
fight back against this blatant attempt to take away our right of
dog ownership and infringe on the vital concept of private property.
"It's not going to be an easy fight," ASDA Director John Yates
said. "The Ohio legislation (H.B. 223) already has the endorsement
of 38 members of the 99-member Ohio General Assembly. That is close
to 40-percent support, and the bill still is in committee." The 38
Ohio legislators who endorse the bill will be listed at the bottom
of this article.

"I `smell a rat´ with this legislation," Yates said. "First of all,
it was not introduced into the House Agriculture Committee, even
though it would be administered and controlled by the Ohio
Department of Agriculture. Instead, the bill was introduced in the
State Government and Elections Committee. This is a tactic use to
minimize the influence of pro-farm legislators, who would recognize
the fundamental danger to farmers when animals are granted equal
rights with humans, and when the concept of private ownership of
animals is destroyed."

Yates said it also seems fishy that numerous sensationalistic and
inflammatory news articles, television news stories and National
Public Radio broadcasts have appeared in Ohio over the past month.
National Public Radio is funded with tax dollars, and ASDA plans to
demand equal airtime to counter these biased news stories.

Yates urges all Ohioans who have sporting dogs, own dogs of other
breeds, who farm or who simply care about basic human rights to take
an active role in this fight by joining ASDA and volunteering their
time and talent to strike down this legislation and put real heat on
the 38 legislators who support it. ASDA also has assembled a list of
Ohio organizations that support this legislation, and businesses
that support these groups, and will urge sporting dog owners to
boycott them.

ASDA's website can be accessed at
http://www.americansportingdogalliance.org
<http://www.americansportingdogalliance.org>;. Frequent updates about
the Ohio situation will appear on the organization's journal blog,
which can be accessed through this site.

A full political and legal analysis of this legislation will be
published on the ASDA website this week, but here are some of the
most significant aspects of H.B. 223:
· All litters of puppies born by regulated kennels must be
registered with the state agency.
· Each kennel operator will be required to post surety bonds
and carry insurance to pay for the cost of any enforcement action
against him or her.
· The state will be given the power to confiscate dogs, both
for alleged mistreatment and for technical violations of the kennel
law.
· Although violation of any part of this law would be
considered a First Class Misdemeanor, subject to the criminal code
and possible prison sentences and stiff fines, accused kennel owners
are granted only the right to an administrative appeal through the
Department of Agriculture.
· It allows the Department of Agriculture to pass judgment on
an applicant's competence to operate a kennel, without defining what
standards will be used to make this determination, and gives the
power to deny licensure to anyone deemed lacking "the expertise or
capacity" to meet the requirements of the law. Photos of an
applicant's kennel and various affidavits must be filed with each
application.
· The bill requires initial and annual criminal and personal
background checks of kennel operators, and of all of their employees
and family members who have contact with dogs, and also requires
fingerprinting of each person involved. Kennel owners thus will have
to meet the same background requirements as people who work with
children or adults in schools, institutions, group homes and social
service agencies. A kennel license would be denied if the operator,
a kennel employee or a family member have been convicted of or
pleaded guilty to animal abuse or domestic violence allegations at
any time in their lives.
· Grants complete power to the Department of Agriculture to
create and enforce specific regulations about the care of dogs,
kennel management, paperwork and facility design. The bill does not
require either legislative oversight or public participation, and
the specifics of the regulations are not contained in the text of
the legislation. Specific information is being withheld from the
legislature and citizens.
· Annual kennel license fees ranging from $150 to $750 are
imposed by the bill. Intermediaries (anyone who sells more than 25
dogs or puppies a year) are required to pay an additional $500
license fee. In addition, any citizen can request an inspection of
any intermediary facility at any time and for any reason, and the
request will be mandatory.
· The bill also sets up contracts with animal shelters and
rescue groups to house and care for any animals that are confiscated
by the state.
· Creates a 10-member oversight commission consisting of two
members of the general assembly and eight members "representing
various entities with an interest in dog kennels." There is no
requirement for any of these representatives to be stakeholders in
the issue, and the door is open for representation by animal rights
groups. These eight seats will be held by political appointees who
are not accountable to the Legislature or the voters.

Here is a list of the 38 co-sponsors of the bill: Ohio Reps. Hughes
(the prime sponsor), R. Hagan, D. Stewart, Flowers, Skindell, Combs,
B. Williams, Seitz, Okey, Fende, Setzer, Bacon, Beatty, Brady,
Otterman, Peterson, Brown, Yuko, J. Stewart, Luckie, Wolpert, J.
McGregor, Webster, Evans, Ujvagi, Blessing, J. Hagan, Distel, Heard,
Dyer, Celeste, Foley, Chandler, Hottinger, Strahorn, Schneider,
Bolon, and Miller.
Yates urges Ohioans and others to contact these legislators both in
person and with strongly worded letters of protest aimed both at
defeating this legislation, and having the co-sponsors formally
withdraw their support from it.

ASDA also is working to save Ohio field trial grounds at the Kildeer
Plains and Indian Creek Wildlife Management Areas, which are being
closed to trialing this coming April by state and federal wildlife
agencies.




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