Animal Law
- 1. Carriage Horse Protection in New York City
- 2. New York Beats Animal Abuse
- 3. Beware of Breed Bans
- 4. Calgary's Animal Laws Win the Gold
- 5. Animal Welfare Law in New York
- 6. Lab Animal Protection Under Fire
- 7. Humane Law Enforcement in Illinois
- 8. Legal Rights for Animals
- 9. Dangerous Dog Legislation
When Good Dogs Have Bad Days
Amy Marder, V.M.D.
Max, a three-year-old Labrador retriever, bit a six-year-old boy in the face during a Little League party at the coach’s home. Max was chewing on a rawhide toy when the boy tried to pet him. The boy needed surgery, and Max was sentenced to death.
Shadow and her mother, Misty, both Rottweiler mixes, escaped one day, chased a cat, attacked a sheep and scared an elderly goat to death. Both were sentenced to death.
Lassie and Gunther, two mixed breeds, were running loose one day and killed a neighbor’s cat. They, too, were sentenced to death.
Although these dogs, and others like them, were ordered to be destroyed by officials in the towns where they lived, they are still very much alive. Why? Because their owners cared enough to fight their death sentences.
Taking the Stand
Over the past 10 years, I’ve served as an expert witness in
the courts in Massachusetts. In Massachusetts, if a court decides
that a dog is a nuisance because he has a vicious disposition,
the court may take whatever action is necessary to abate the
nuisance. The judge may decide to muzzle, restrain, banish or
destroy the dog.
My job is to educate judges about normal dog behavior. Attorneys Stephen Wise and Debi Slater-Wise have enlisted me to help demonstrate that while a dog may bite or otherwise behave aggressively on a particular day, this does not necessarily mean that the dog has a vicious disposition.
We begin by explaining that a dog with a vicious disposition will display dangerous behavior most of the time and in a variety of circumstances. Each dog that we represent has a history of friendly behavior to most people. In circumstances under which the dog may display aggressive behavior, such as aggression to cats or aggression over rawhide, we suggest that the behavior would not be a problem if the animal were managed properly, i.e., kept on a leash or behind a fence, not given rawhides when guests visit, etc. We advise that if precautions are taken, the dog will not be a danger to society and therefore may not need to be banished or destroyed.
Ordinary Dogs
Most of the dogs whom we represent are not very different from
the average pet dog. They display normal canine behaviors that
have not been adequately controlled. Many have been unattended,
either running free or unsupervised, which allows them to fully
express their “doggy” traits. Normal territorial
behavior, when uncontrolled, can get dogs in trouble, as can
normal canine hunting behavior and possessive aggression when it
involves people outside the family.
Most court cases could have been prevented if owners had paid attention to their dogs’ behavioral tendencies and taken precautions. For example, if Max’s owners had taken seriously Max’s growling over rawhide, they never would have given him rawhide during a party for children. Likewise, if Shadow and Misty’s owners had improved their confinement system following prior escapes, the tragic day of attacks and killings would not have occurred. And finally, a family’s pet cat would still be alive if Lassie and Gunther’s owners had kept their dogs properly restrained.
“I Hereby Sentence You…”
Max’s death sentence was reversed after many hours in
court. The judge ruled that Max was to be kept behind a six-foot
stockade fence when on his owners’ property and walked on a
leash in public. Shadow and Misty were confined in an animal
control facility for four years where, sadly, Misty died of
cancer. After her death, the court decided that Shadow should be
banished, not killed. But since Misty was the main culprit on
that fateful day, we fought to get Shadow returned to her owners.
We won, and Shadow is home again. Lassie and Gunther’s
death sentence was also reversed. When their owners installed
both conventional and electronic fences to ensure adequate
confinement, the dogs were allowed to return home. One of their
owners, suffering from breast cancer, was able to be with her
companions before she died.
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