- the Pit Bulletin Legal News Network

Ledy VanKavage, Esq.
Sr. Legislative Attorney
Immediate Past Chair of
American Bar Association’s
TIPS’ Animal Law
Committee
[email protected]
Our Mission
Pit Bull Terriers are Popular!
Top 10 dog in
47 states!
Voices for No More
Homeless Pets:
network.bestfriends.org/takeaction
No More
Homeless Pets
Conference
We want SAFE communities for people and
pets!
Americans want FREE Communities
This is America. Every American
who follows the right safety rules
as a responsible dog owner
should be allowed to own
whatever breed of dog they
choose-it’s that simple.
This is about Property Rights!
Politics is not a spectator sport!
Photo taken
At BARCs
- Baltimore
Shelter
playgroup
www.afj.org
501 (c) 3 Nonprofits
Tax Treatment
Lobbying Activities
• Tax-exempt
• Contributions tax-deductible
• Private foundation grants
• Limited
• Cannot support or oppose
candidates for public office
Yes, nonprofits can
lobby: 501(c)(3) public
charities can lobby within
generous limits set by
federal tax law.
Insubstantial Part Test (Default Test)
The Insubstantial Part Test
means that you cannot make
lobbying a substantial part of
what you do.
(“Substantial” is not defined.)
501(h) Expenditure
IRS Form 5768
One-time election
To maximize the amount of
lobbying in which a public charity
can engage, you can choose the
501(h) expenditure. It establishes
specific dollar limits that are
calculated as a percentage of a
charity’s total exempt purpose
expenditures.
Total Lobbying Expenses
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501(h)
20% of first $500,000
15% of next $500,000
10% of next $500,000
5% remaining
$1 million cap (annual
expenditures over $17 million)
Volunteer and other efforts don’t
go toward lobbying limits.
Annual Expenditures Over $17 Million
501 (h) election
Overall lobbying limit
of $1 million
but
grassroots lobbying
limit = $250,000
Direct:
Grassroots:
Communication with a
legislator that expresses
a view about specific
legislation
Communication to
the general public that
expresses a view about
specific legislation and
has a call to action
Ballot Initiatives
Members of
the public ARE
“legislators”
These are NOT legislators:
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School boards
Zoning boards
Housing authorities
Sewer and water districts
Other “special purpose bodies”
Lobbying Exceptions
• Nonpartisan analysis,
research or study
• Self-defense
• Request for technical
assistance
• Examination and
discussions of broad
social, economic and
similar problems
Lobbying or Not?
Urging state legislators to
pass a law similar to one
passed in another state
 Lobbying
Meeting with a zoning
commission to discuss
a permit for an animal
sanctuary?
 Not lobbying
Urging legislators in another
city to oppose a law limiting
pit bull terrier ownership
 Lobbying
.
lv
Read!
• Get Political for Animals
by Julie Lewin
• Rules for Radicals
by Saul Alinsky
• Doing Democracy
by Bill Moyer
http://bestfriends.org/uploadedFiles/Co
ntent/Resources/NoKill_Resources/Pit_bull_initiatives/Prev
enting_Breed_Discrimination/2465.Ho
w_To_Stop_BDL.pdf
Fiscal Bite & Breed Discrimination- Utilizing
Scientific Advances & Economic Tools in
Lobbying
•
Photo by Lynn Terry
• http://www.msba.org/sec_comm/sections/animallaw/doc
s/midatlanticanimallawfinallvjd.pdf
The legislative process
is FUN!
Communication is everything!
Luntz Global Focus Group
The LG Motto:
“It’s not what you say…
it’s what they hear.”
“There is nothing ‘specific’ about it
Breed-specific legislation
vs.
Breed-discrimination
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February 13, 2010
New ordinance allows pit bulls, bans 'vicious pets'
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By Ramelle Bintz
[email protected]
Pit bulls will not be banned in Sturgeon Bay.
The Community, Protection and Services Committee
voted unanimously Thursday to remove language that
would ban a specific breed of dog from a proposed
animal regulation ordinance.
The new 14-page ordinance is being rewritten to replace
a half-page ordinance currently on the books. At the Feb.
2 Common Council meeting, Alderman James Abeyta, a
member of the committee, objected to the outright ban
of pit bulls and asked that the ordinance be returned to
the committee to review.
Since then, aldermen have been bombarded with
opinions. Alderman Ron Vandertie, who spoke after the
committee vote, said he received more calls on this
issue in one week than he had regarding the proposed
Walmart Supercenter.
Petitions on Change.org
Protests
Harlingen, Texas: Shelter lifts ban and adopts out pit bull terriers
Coalition to Stop St. Clair County Gas Chamber
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Approach county officials
Figure out the economic impact
Put flyers in the newspaper
Send letters to the editor
Use Freedom of Information Act
Get on TV news
Ask friends in journalism to help
What makes a great sponsor?
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Leadership
Good record
On the committee
Majority party
Respected
Even-tempered
Illinois Humane Euthanasia in Animal Shelters
Act
Contract Lobbyists
Are Important
Microchipping
ROCKS!
IL. Humane
Euthanasia in
Animal Shelters Act
Ryan Armstrong Act
Prohibits canine profiling
Effective 2003, Illinois Animal Control Act, Section 24
Nothing in this Act shall be held to limit in any manner the power of
any municipality or other political subdivision to prohibit animals from
running at large, nor shall anything in this Act be construed to, in any
manner, limit the power of any
municipality or other political
subdivision to further control and
regulate dogs, cats or other
animals in such municipality or
other political subdivision
provided that no regulation
or ordinance is specific to breed.
• Be careful of running bills
in redistricting years-and
choosing sponsors
• Miami
Anna’s Law
Illinois Public Act 094-0639
Pet Population
Control Fund:
$15 spay/neuter
Food stamps
SS disability benefits
Or feral cats
Illinois Pet-Friendly License Plate
Attend Political Fundraisers!
Ohio repealed its breed-discriminatory law
February 21, 2012
Legislation and facts can be boring …
guerrillaeconomics.net/bestfriends
Cost: $476,973,320 annually for the U.S.
28 CFR Part 35
U.S. Department of Justice,
Civil Rights Division
The department does not believe it
is either appropriate or consistent
with the ADA to defer to local laws
that prohibit certain breeds of dogs
based on local concerns that these
breeds may have a history of
unprovoked aggression or attacks.
The American Bar Association
A Lawyer’s Guide to Dangerous Dog Issues
AVMA Task
Force Report
JAVMA: June 1, 2001
“Statistics on fatalities and injuries
caused by dogs cannot be responsibly
used to document the ‘dangerousness’
of a particular breed …” (p. 1736)
We all want safe and humane communitiesIs Breed Discrimination Effective?
The U.K. banned pit bulls in 1991. A study completed
on an analysis of dog bites before the ban and after
the ban revealed that their Dangerous Dogs Act had
no effect whatsoever.
“The Act has singled out certain ‘dangerous breeds’
without any substantive data to support it. If
legislation is to reduce and prevent injury from dog
bites, this study suggests there should be much wider
control of the dog population in general, and not one
that simply addressed the ‘dangerous’ breeds,
referred to in the Dangerous Dogs Act.”
– Elsevier, B. Klaassen, J.R. Buckley, and A. Esmail
Spanish study: Aragon, Spain
(Population 1.2 million)
Profiled breeds:
• Rottweiler
• Argentine dogo
• Brazilian mastiff
• Tosa inu
• Akita inu
• Pit bull terrier
• Staffordshire bull terrier
• American Staffordshire terrier
Findings:
• 2.4 bites before breeddiscriminatory law
• 3.5 bites after
“Results suggest that BSL was
fundamentally flawed … and
not effective.”
– “Spanish Dangerous Animals Act:
Effect of the Epidemiology of Dog Bites,”
J. Vet Behavior, 2(5) 166-74, 2007
ABA House of Delegates Resolution 100-2012
RESOLVED, That the American Bar
Association urges all state, territorial, and
local legislative bodies and governmental
agencies to adopt comprehensive breedneutral dangerous dog/reckless owner
laws that ensure due process protections
for owners, encourage responsible pet
ownership and focus on the behavior
of both dog owners and dogs, and to
repeal any breed-discriminatory or
breed-specific provisions.
Trends
Prohibit breed discrimination:
• 13 U.S. states
• Italy
• Sweden
• Netherlands
Toledo, Topeka, Cleveland,
Cincinnati, and numerous others
have recently repealed breed
discrimination !
RECKLESS OWNERS
 The public wants to see
reckless owners held
accountable
 Bad owners lead to bad dogs
and that puts everyone at risk
Ordinances like Tacoma, Skokie,
42 U.S.C. § 1983
A person states a claim under 42
U.S.C. § 1983 if he alleges that
the defendant deprived him of a
constitutional right while acting
“under color” of state law.
City of Pierre v. Blackwell
635 N.W. 2d 581 (SCt. S.D. 2001)
The city brought criminal charges, thus it needed to prove one of the
elements, that the dog was dangerous beyond a reasonable doubt. Both
sides presented evidence of the “dangerousness” of the dog at trial, but the
court did not make an independent assessment of the evidence. It relied
solely on the finding of the animal control officer.
There was no independent determination of “dangerous” by a neutral judicial
officer as a part of the criminal proceeding. The court goes on to discuss that
this would have failed a procedural due process claim in the civil context, too,
without exigent circumstances.
Here, the court just reviewed the animal control officer’s decision for legality
and due process was not satisfied.
Find the Pit Bull
Pit Bull Rescue Central
www.pbrc.net
Find the Pit Bull
Alapaha Blue Blood
Bulldog
Dogue de Bordeaux
Doberman
Pinscher
English Bulldog
Boxer
American Bulldog
Dogo
Argentino
Greater Swiss
Mountain Dog
Catahoula Leopard Dog
Olde English
Bulldogge
American Pit Bull Terrier
Ca De Bou
Viszla
Bull Terrier
Bullmastiff
Boerboel
Pit Bull Rescue Central
www.pbrc.net
Patterdale Terrier
Cane Corso
Fila Brasileiro
Thai Ridgeback
Rottweiler
Black Mouth Cur
Tosa Inu
Jack Russell Terrier
AmStaf, Aussie
AmStaf, Boxer
Basset, Dalmatian,
Staffybull,
Wire Fox Terrier
•
Man wins dog
back after DNA
test proves dog
isn’t a pit bull
terrier
Starting a revolution:
The good news from
Bad Newz Kennels
Karma
Photo by Mike Bizelli
States that discriminate against
victims of cruelty seized in fight busts
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Colorado
Delaware
Florida Victory!
Louisiana
Massachusetts
Michigan
Minnesota
New Jersey
North Carolina
Oklahoma
Rhode Island
South Carolina
South Dakota
Wisconsin
Florida’s Governor Scott with
Best Friends Pit Crew
Best Friends Spearheaded PASSAGE of SB 722 in 2011
to get the stigma removed from fight bust dogs
Invisible Dogs
After the session, you can relax!
Smile
We shall not fail or falter;
we shall not weaken or tire.
Neither the sudden shock of
battle nor the long-drawn
trials of vigilance and
exertion will wear us down.
Give us the tools and we
will finish the job.
– Sir Winston Churchill,
radio speech, 1941
Thank you for helping to
bring about a time of
No More Homeless Pets®
bestfriends.org