GFN members will be hearing much more from Cherie
Graves. We at GFN welcome her as a member and
contributing writer to GFN.
We citizens of the United States of America are still
engaged in a civil rights struggle. This struggle knows
no racial boundaries, it knows to social status, it
knows no financial status. It affects every person,
from the poorest, to the most affluent, from the city
dweller, to the largest land owner. It goes to our
most ancient and traditional property, and to our
ownership and use rights in animals. Dog/animal
ownership is as varied, as is the human tapestry that
bonds our great nation.
When we site the adage, "Punish the Deed, not the
Breed", we are actually encouraging legislatures to
hold animals responsible for their actions. Dangerous
dog laws remove the human factor, and concentrate
solely upon the dog, not taking into consideration
that the dog is the responsibility of it's owner.
Lawmakers go to great lengths to describe, and to
define animal behaviors, and to then punish said
behaviors. It is far more reasonable to write laws that
are directed at the dog owner, rather than the dog.
Our laws must be written for we human beings. Laws
must be reasonable. Animals must not be criminalized
under laws that are intended to protect human
rights, and to control human behaviors. It is
unreasonable to write animal behavior into laws that
no animal has the capacity to understand, answer to,
or to function under. It is unreasonable to mete out
criminal labels to animals, i.e. dangerous, or
potentially dangerous. It is unreasonable to proscribe
punishments to animals under our laws. We must
bring this writing of animal behaviors into our laws to
a halt, and demand that humans be held
accountable, not animals. We must stop thinking that
it is a better trade off than prohibitions on dog
ownership. We are wrong. Neither is a good choice.
No dog is capable of understanding, or answering to
any law that has ever been written. Dangerous dog
laws that hold a dog to a set of written regulations
that it will never respond is a perfect set up to
promote animal rights, where an animal is given a
legal position under the law to conform, or to behave
in a proscribed manner. Laws are not in the realm of
the understanding of even the most intelligent dog.
To set forth behavioral acceptability, and
punishments for animals is to elevate them to a
human level under law. This is just exactly what the
animal rights movement wants. When we accept
dangerous dog laws, we are hugging the serpent.
Our laws must only be written to proscribe human
behavior. We must see dangerous dog laws that hold
animals to accountability under the law for what they
are. As the law elevates animals, it devalues human
beings. The animal rights movement expects us to
fight breed specific legislation, and to promote
dangerous dog laws, and we have done just that,
undermining our own civil rights.
Neither should we allow prohibitions on the
responsible ownership of any dog by breed. It
violates the XIV Amendment, equal treatment, equal
protection.
The taking of dogs by breed is only the beginning of
the eventual removal of all animals from our
ownership, and use. Animals are among the most
ancient of our traditional property, when government
decides to remove our ownership rights, it will be
piecemeal, not whole hog. Think for a moment what
would happen if your city, or county government
stipulated that all dogs must be forfeit. People would
stand up, and put an immediate stop to that. It
would immediately be recognized as an assault on our
civil rights, whereas the taking of dogs by breed
doesn't engender the same recognition.
Breed specific dog laws appear on the surface to be
about dogs, but upon closer examination we discover
that BSL is all about we human owners of dogs. It's
about government invading the sanctity of our
homes, and our property, and removing animals that
we consider to be a part of our family. It is about
government criminalizing the ownership of dogs by
breed. It is about the taking from we, the people, all
of the numerous breeds, and mixed breeds of dogs
that are now named in breed specific prohibitions, or
restrictions in venues across the United States at
this very time. Prohibitions on the ownership of dogs
can overlap to become prohibitions on all animals.
There are no stop-gaps built into breed specific
legislation to prevent an overlap.
Laws must give us the right to due process of law.
BSL in Denver, Kennewick, and many places across
the United States remove animals for no reason other
than breed, from responsible owners, with no charges
of negligence, and no opportunity to have a case, or
to have the case heard in the Courts. BSL allows
warrantless searches, and seizures of private
property for no reason other than the breed of dog
involved. BSL violates the Constitutional right to
recompense for property taken by government for
public use, i.e. public safety. New Jersey is
proposing to have special licensing to own dog
breeds. A license is a temporary revocable permit
that allows the licensee to have something, or to do
something that would be illegal to have, or to do
without the license. It makes dog ownership illegal. It
turns over all ownership, and use rights to the
licensing agency which can at any time, inspect,
confiscate, suspend, revoke, or halt issuance of the
license. Licensure is a taking by government without
compensation.
Those who own the target breeds are set apart, are
vilified, and made to look like criminals, so that the
rest of society will not be troubled by the
government's taking of the dogs. The owners of
these targeted breeds are victims of hate crimes,
initiated by government. Communities will actually
endorse the taking of dogs, not realizing that other
breeds of dogs are going to be added to the growing
list of restricted, or prohibited dogs. The targeted
dogs are purportedly endowed with mythical powers
that no other breed of canine can match. The
surrounding myth would make these dogs so
omnipotent that no mere mortal could possibly
outsmart, control, train, contain, or have a normal
owner relationship with them. These are exactly the
self same tactics that have been historically used
against any of the victims of hate crimes.
Realistically all domestic animal breeds were
developed by human beings. When we come to the
realization that it is us that these laws are truly
aimed at, then we can shed the blinders, and get
down to the real business of protecting our civil
rights. When we stand up for ourselves as citizens,
when we refuse to have our rights, and our property
stripped from us, then we will be invincible. We must
demand due process of law. We must not give over
our civil rights and our property, or our property
rights. Dogs are valuable property. We humans have
tens, of thousands of years of tradition in owning
dogs. Dogs serve us in most every capacity from the
gentle companion to service dogs, to guide dogs, to
police dogs, to search, and rescue dogs, military
dogs, drug sniffing dogs, hunting dogs, field dogs,
herding dogs, guard dogs, show dogs, obedience
dogs, dancing dogs, agility dogs, fly ball racers, the
list is endless. and endlessly varied.
Far more people are killed by any number of other
things than by dogs. Venomous snake bites kill an
average of fifteen to twenty Americans per year.
Bees kill one hundred, to three hundred persons a
year on average. In 1989 fire-ant stings killed thirty
two people in Texas. Lightening strikes one in every
six hundred thousand persons killing one hundred, to
three hundred persons annually.According to the U.S.
Department of Labor there were five thousand, five
hundred, and seventy-five work related fatalities in
2003. There were thirty eight thousand (38,000) fatal
automobile crashes in 2003 across the U.S. Sadly,
an average of fifteen hundred (1,500) children are
killed each year in the United States by a parent, or
guardian. The leading cause of death among pregnant
women in the U.S. is murder at the hand of the
father of her unborn child.
Given these figures, the restrictions on ownership of
dogs, by breed, make no sense. California's SB 861
analysis quotes figures that there have been forty-
seven human deaths in California that were
attributable to dogs from the years 1965 through
2001. That averages to one death a year out of a
population of some thirty-five million, eighty-four
thousand, four hundred and fifty-three people
(35,084,453). Subtract one from the figure
35,484,453 and you will see how many people did not
die from dog bites in California each year... San
Francisco averages three hundred and sixty two
reported dog bites per year, approximately one bite
per day, from a population of seven hundred fifty-
one thousand,six hundred and eighty-two (751,682)
people. In any given year in San Francisco 751,320
people are not bitten by dogs. Public Safety, cannot,
and must not be used as an excuse to remove our
civil rights. Sound, responsible dog owner legislation
that is strictly enforced, is a reasonable alternative
that reinforces our civil rights.
Every year approximately four million people across
the United States are bitten by dogs. That number
makes up less than 1% of our population. Out of
that figure, the vast majority of dog bite victims are
unattended children who are bitten by their family
dog at home. The rest are unattended children who
are off of their family property that are bitten by a
dog that is at large. The number of fatalities
resulting from dog attacks across the United States
average from twelve, to twenty four in any given
year. Dogs are certainly not the threat to public
health, and safety that the news media would lead us
all to believe. Shocking, and horrifying as these dog
related fatalities are, there are many, and far more
serious threats to human life here in the United
States.
There are a whole lot of dogs, in the United States,
tens of millions. Of the 400,000,000 of us human
beings , about sixty-five percent, give or take, own
dogs. If the vast majority of dog owners were not
responsible, there would be at least as many deaths
attributable to dogs, as there are to automobile
crashes. Dog related fatalities are very few in
comparison to any other cause. Out of a population
of some 400,000,000 to lose 12, to 24 people in a
year to dog attacks is a strong case for, and speaks
volumes to the overall safety record of dog owners.