Kudos to Barbara and Fred!

Posted February 9, 2010

For my second post this morning, I’d like to give some BIG kudos to Barbara Hoffman and Fred Lulling who are being persecuted by Marion County, TX, at this very moment but have declined to be silent during the process.  It takes an enormous amount of courage to speak out when you’ve already been defamed via the media and internet spam.

I’ve told you about the nonsense in Edinburg and I now understand that before that, they all survived Hurricane Dolly as well!  Barbara, Fred, and these animals are clearly fighters and survivors.  I encourage you to visit Barbara’s blog to see her personal perspective.

Many of their animals were killed within moments of being seized and, of course, they demand exorbitant fees for caring for the animals post seizure.  As we’ve seen before in asset seizure, the government demands a hefty hostage price for caring for animals (see Barbara’s post below).  Like most would need, they need your help with that so I include this from Barbara:  “we need to raise money to pay their boarding fees so here's our address:  950 Lewis Chapel Rd, Jefferson, TX 75657.  The money WON'T be tax deductible.”

I am also including Barbara and Fred’s comments here as they deserve more prominence.

From Barbara

Please go for the daily updates:
http://topcatsroar.wordpress.com
We are working on a warm room
Creating dog runs out of the cat compound...
Turning arena panels sideways to form a coral for the ponies and horses and errecting the canopies for shelter
Not the plan but all the chainlink is still in the Valley...
Hearing next week will continue and what do they care at $10 a day per animal and will continue to add up...for the rats?, each one?...the tarantula?...the snakes? YEAH!
I was asked which of the animals I was willing to give up? My first response was none and then I changed my mind and told them Ms. Wedding could have the rats (snake food) and the trantula, lol! The _____!
If anyone wants to help finance their safe return to us please send money, even the smallest amount will make a difference towards closure.
The torture of animal owners...look in the page DandyLion may he rest in peace.

From Fred #1

You don't know how close to the truth you came on ALL your assumptions, PJ! Doesn't surprise me that RJ's brother was here.

Seems like everybody and their brother showed up -on our PRIVATE PROPERTY, admitted by none other than our men in blue. And get this, despite USDA rules of establishing a perimeter of at least 3' and our attempts to make it more like 5'-10', those pix you see of the cats were NOT telephoto pix. The cameras were actually stuck right up to the cage bars! Besides the "exercise cage" that Mr. Pitts refers to, they make no mention -nor show any pictures- of the permanent caging, under construction but prevented by them from finishing -which I had welded in movable sections before the move, and which we were not allowed to erect in Edinburg. This after much of our equipment had been lost to Hurricane Dolly. Yes, everything was distorted to make THEM look like heros and us like super-villains. At least one of the commando raiders carried a military assault rifle -for two old people and a bunch of caged animals? When I attempted to close our gates to hold off the media, I was threatened in no uncertain terms with handcuffs if I touched my gate again. Oh, and the media "forgets" to mention that we both spent a week confined in orange and white pajamas, so we couldn't build our defense. Horrible ammonia stench? Yet nobody said a word, pulled out a face-mask, or came out staggering -including a friend who went in to fetch Barbara's coat for her.(Yes, PJ, it was bitter cold that day!) Of course the small animals in the trailer were in small transport cages. That's how they travel, and had not yet been unloaded. It was freezing outside when we arrived, and then several days of cold rain before their surprise "inspection" visit from 8 till past midnight on a Sunday night.

From Fred #2

Impatient is right! Just got word that Big Cat Rescue is coming this afternoon to transport the cats to Wisconsin. And the second phase of the hearings has not even been held yet. They say we are welcome to have our transport cages back -provided we go up to Wisconsin and fetch them ourselves. Meantime, they are using some of MY tools and equipment they just helped themselves to on my property after the sheriff took me away. You wouldn't believe the trash and garbage we've been cleaning up here after them. Also found an empty liquor bottle outside.
It HAD been on a shelf, an unopened memento of Barbara's late husband. Also found a tequila bottle of ours inside with the cap missing. Does a search warrant give them the right to eat your food and drink your likker too?

Barbara and Fred, Keep fighting!  I am getting your personal messages and will write back.  It’s been a crazy couple of days and tomorrow I’ll be urging all to help get the ACLU involved in these animal seizures.  The other property seizures are already on their radar so it’s barely a stretch to include these.

Asset Seizure Abuses

Posted February 9, 2010

Linda Dorman, an Akron, Ohio, great-grandmother had $4,000 in cash taken from her by local authorities when she was stopped while driving through town after visiting Houston in April 2007.  Tenaha has the dubious distinction of allegedly utilizing a state forfeiture regulation to seize property from unsuspecting motorists to raise revenue for the local police.  In July 2008, 10 plaintiffs filed suit in federal court against Tenaha and Shelby county officials…

Civil asset seizure is wide open to governmental abuses, always has been.  Tenaha, TX is but one example.  It took years or the US Congress to start putting the brakes on the abuses in federal “civil” asset seizures.  This next quote is particularly informative but, even more than that, I want you to carve a new term into your repertoire: quasi-criminal.  And consider carefully the various proof standards: more likely than not (preponderance of the evidence), clear and convincing, beyond a reasonable doubt.

    Representative Hyde…  Then I found out if the government confiscates your 
property, if they damage it, if they shatter it, if they ruin 
it, that is your tough luck. They are not accountable, they are 
not responsible. And so in the bill that we put together with 
bipartisan support--liberals, conservatives, moderates, quasi-
moderates, semi-liberals, the whole panoply across the board, 
375 of them--the bill requires that if a property owner 
challenges a seizure, the Federal Government must prove by 
clear and convincing evidence the property is subject to 
forfeiture. You know, the right of property was recognized in 
the Ten Commandments: ``Thou Shalt Not Steal.''
    Now, why clear and convincing? Because it is punishment. 
When they take your house, when they take your farm, when they 
take your automobile, when they take your business, when they 
take your cash, they are punishing you. This isn't a civil 
action merely; it is quasi-criminal. And when they punish you, 
there ought to be maybe not the criminal standard of proof, 
beyond a reasonable doubt, but a mere preponderance is for 
fender bender cases. In this situation, if the government wants 
to bankrupt you and take your property on probable cause, it 
seems to me there ought to be clear and convincing evidence.
    The bill allows the judge to order the property released 
pending final disposition if the judge determines it would work 
a terrible hardship on you. If it is your business and they 
have taken possession of your business and you are going to be 
a ward of the State and your family is going to be on welfare, 
these are things a judge can consider. It is giving a judge 
flexibility to be humane depending on the situation.
    The bill allows judges to appoint counsel for indigents in 
civil forfeiture proceedings. It isn't much good to say you 
have the right to get your property back if you can't afford a 
lawyer. They have impoverished you by confiscating your assets 
and you have got to go find a lawyer that will take your case. 
So this allows counsel for indigents in civil forfeiture 
proceedings.
    It also eliminates the requirement that you have to post a 
10-percent bond. There is no earthly reason for you posting a 
bond. Either you have got a case or you don't, and the bond is 
just another hurdle to keep you from justice.
    It provides a uniform innocent owner defense, and that was 
involved in the case Senator Biden talked about where this 
motel in a very tough neighborhood, a crime-ridden 
neighborhood, had drug transactions going on. And the owners 
repeatedly reported it to the police, withheld permission. You 
try to evict some drug dealers sometime; I wish you a lot of 
luck. But the police couldn't do it, and the police took his 
property, and he finally got it back after the Houston 
newspapers raised hell and wrote editorials, and I have them 
here.
    So an innocent owner defense is where you do everything you 
can. You report it to the police, you withhold permission for 
these illegal transactions, and that gives you a safe harbor. 
That is missing from the administration's bill, but it is in my 
bill and it is just and it is fair.
    The bill allows a property owner to sue the government for 
destroying their property. You are in a yacht and you are 
floating off Miami and the DEA swoops down on you, puts you up 
against the mast and takes axes and hatchets and chops your 
boat up looking for cocaine. They don't find any, they wave 
good-bye, and there you are on a floating wood pile. I mean, 
that is right, that is a case. It happened, it is in my book. 
So this says you have to take care of the property once you 
have confiscated it, and the government can be accountable if 
they don't. We give 30 days to file the claim rather than 10 
days or 20 days, depending on the circumstances. And if they 
have taken your cash, then the interest earned on that belongs 
to you. That is a tenant's right in any building.
    You shouldn't be punished on probable cause. I believe in 
criminal asset forfeiture. I think if you are a drug dealer and 
you are guilty, not just accused, but you are guilty, you ought 
to lose your house, your car, and your shoes and socks. I am 
for that. But when you are not guilty, when you haven't been 
found guilty, when you haven't been charged, I don't want my 
country confiscating property just on probable cause, I really 
don't. When the government gets oppressive, you have no place 
to turn, except here to Congress. And these people have done 
that and that is all I want.
    I will leave you with one last little famous case down in 
Memphis, where an African American was a landscaper, but he 
made the mistake of having $9,000 in cash in his pocket because 
he was going to Houston to buy shrubs and he could get a better 
deal if he paid cash. And so he went to this terminal, bought 
his ticket. The ticket agent saw the money, gave the signal. 
The police arrested him, confiscated his money, said it was 
probably drug proceeds, and let him go. He left. They didn't 
charge him with anything, but they kept his money. It took him 
a couple of years, with a lawyer, to finally get his $9,000 
back. That is an abuse, that is an abuse.

I don’t want my country OR STATE confiscating property just on probable cause, I really don’t!  I don’t want my state confiscating living, breathing property (PETS and other animals) on probable cause alone, being allowed to kill those animals prior to even a quick civil hearing on the probable cause.  I really, REALLY, don’t.

In the case of living assets, the standard should be higher than clear and convincing, there MUST be a full and adversarial hearing before KILLING.  There simply MUST be better protection of the rights of animal owners and their animals than is provided for non-living assets!!!

In Mourning

Posted February 8, 2010

Today I mourn the suicides of 2 women and ask all who truly care about animals to give this case some thought.  May all the deceased in this case, both human and animal, find peace on the other side of the veil and my sympathies go out to the families of these women.  We who live on still have much to learn...

Department of Agriculture spokesman Terrance McElroy said, sadly, the case is not an isolated incident in Florida .  "With the economic downturn, there is no question that more animals are being neglected. More people are being neglected in terms of getting the food and health care they need. People are struggling to afford to take care of themselves, and so they can't afford to care for their animals."

“Ten horses, a donkey, a goat, a bull and two dogs were seized”  A horse had been reported shot and another horse carcass was found.  Another horse died after being removed from the property and three others had to be euthanized .  There is no doubt at all that most, perhaps all, these animals were in desperate shape.

"But we aggressively investigate these cases. Animals can't fight for themselves," [Lt. Doug] York added.  Yes, how aggressive you can be is becoming rather obvious and Lt. York there are many humans who cannot fight for themselves either.  It certainly appears your office found 2 such women to "aggress".  Aren't you proud?

The women had been charged with 28 counts of animal abuse and cruelty…  Officers had contact with the woman on Nov. 14, 2009, Seay said. Investigators believe the suicides occurred two days later.  That they were not found for nearly 3 months speaks to their obvious isolation and I wonder if that was a result of the accusations or already existed.  I suspect the latter was exacerbated by the former.

Two Union County women who had been accused in an animal cruelty case apparently committed suicide.  Even in death, the media can’t resist painting them as animal abusers.  Well, I guess that suicide wouldn't be news without that connection as we allow people to become isolated, desperate, and to kill themselves on a daily basis.  In fact, we encourage it more with every passing day.

"The animals were in bad shape. I don't know why [Brown and Vetterlein] wanted that much responsibility with the animals," [Charlie] Clemons [former employee who cared for the animals] said.  If he doesn’t know, it’s likely we will never know.  What can easily be discerned from the internet is that these 2 women were painted as sub-human, as “cruel” to animals, that ALL of their animals were seized, that they were charged with 28 counts of cruelty for what may well have been neglect stemming from their own tragedies of life.

Some toss out words like neglect, abuse, and cruelty as if they are interchangeable.  They are not and they do not begin to describe the underlying circumstances that may well exist.  I believe that those who truly care about animals should choose their allegations carefully, distinguish between neglect and cruelty which infers intent to cause severe harm.  Do not paint someone as cruel until the facts have been fleshed out and, even then, in the interests of the animals, the focus should be on caring for the animals, providing them with help and helping to resolve the human issues as that will benefit the animals.

Many “hoarding” cases are the lonely, the isolated who are trying to provide to animals the same which is missing in their own lives: someone who cares and loves, food, shelter – just the basics.  There is no intent to harm in most of these cases.

Aggressive investigations, massive over charging of crimes, publicly defaming people…  These things do not help, they hurt.  It is easy to hate and rail, to spam the internet with alleged atrocities.  Please, if you care for animals, reach out to help them and their owners instead of getting caught up in the PETA hatred.

The hot topic is still sending aid to Haiti, a country we’ve sent billions of dollars to, tried to help and build several times only to be evicted time and again.  Haiti did not recognize rape as a crime until 2005 and still does not respect women even nominally, let alone animals.  Life of all kinds is cheap in Haiti.  We do not see that because it is distant.  We see the pain and suffering after a disaster and we want to reach out and help.

How about a tiny bit of reality and understanding right here at home?  How about reaching out to the humans and animals in need here?  Even if you care nothing for the humans, only the animals; wouldn’t it help the animals to recognize and help with the underlying human issues instead of driving people into further desperation and isolation because, where the humans go, the animals usually follow?

So my plea is that the animal lovers out there ask questions, not make assumptions based on sensationalized media reports, to think twice before hitting send on an email or posting filled with unfounded (or even poorly founded) accusations and hatred.  Do not support “aggressiveness” toward animal owners as it helps no one and often results in even more death, of humans and animals.  We’ll never know if the animals in this particular case could have been saved instead of euthanized but that is all too often the case.  There simply has to be a better way and we need to find it.

Killing and hatred is what THEY do best.  Let US be better than that.

Phoenix: Come Claim Your USGE Reptiles (not free but adoptable as pets)

Posted February 7, 2010

USGE reptiles, about 500, are headed for Phoenix.  And they should arrive just in time for the BIG annual fund raiser!  “This year's theme is Mardi Gras and the party will really be on! With Vegas-Style Gambling Tables, Tarot Card Readings, Auctions, a Grand Prize Raffle and more. Plus, you'll get to meet the animals and enjoy a private showing of the Komodo Dragon Exhibit at the Phoenix Zoo. So, come on out for drinks, food and fun.”  (I suggest steel toed boots for the Komodo exhibit.)

We have other animals available for adoption besides personal pets.”  But clearly their usual mode is adopting out animals as pets.  Or should I say “selling”?  Here’s what it says for most of the animals that are available: “Dependent on size of animal. Call for pricing and availability.” Turtles go for $15-50 and Iguanas are “$35 and up”.  Adoption my ass! 

“The haul included dozens of pythons, king snakes, spiders and lizards.”  “One cage has a pile of 50 Chinese water dragons.”  "These guys are in really poor shape," said PHS Director Russ Johnson. "These are little savannah monitors and they're very, very skinny."  Once they can be checked out by a veterinarian and deemed healthy, they will be available for adoption.

They’ve been with SPCA of Texas for nearly 8 weeks.  Did SPCAT not feed them enough?  Surely they should have gotten them back up to weight in 7 weeks!  What happened to all those experts they supposedly had helping out, including veterinarians?  Wasn’t old Clifford able to give even adequate feeding advice or is it now clear he can’t keep animals alive in captivity?  Did these creatures not get seen by vets while at SPCAT for 7 weeks even though that was one of SPCAT’s and the City of Arlington’s big gripes against U.S. Global Exotics?

And  a “pile” of animals?  Now who piled them in a cage like that?  Surely not SPCAT!

"These are non-lethal animals and many will be qualified to be pets for kids," Johnson said.

They haven't put anything special on their website about the USGE animals so it appears they'll be going through the usual sales process.  At least they’re making no bones about their intentions, no pretending that the animals came with strings attached!

What a sweet deal.  Set up a “rescue”, get your animals for free (often even charging those who turn animals in or, better yet, get them seized and force the former owner to pay for it ALL and at inflated prices), get people to give you money to care for them, then sell them and call it adoption.  You can undercut the prices of commercial dealers, provide better care, pay no taxes, and LOOK good while getting public sympathy and kudos.  But pull back the curtain and...

There are real rescue groups out there but many, MANY, of them are running just this kind of scam.  They are commercial dealers hiding behind a rescue sign and it sure looks like they’re coming out of the woodwork to get their “hauls” of USGE assets.  I couldn’t be happier that the public is getting a chance to see how these seizures simply redistribute property for the benefit of others under a “feel good” sign.  I’m getting tired of seeing people’s property effectively stolen by governments for redistribution!

I hope the creditors and customers of USGE get together, gang up, and sue the pants off of the City of Arlington, SPCAT, HSNT, and every other person or entity that was involved in this as I’m pretty sure those very probably interested parties didn’t get proper notice of any of this.  And then there's the distinct possibility of civil rights violations in the way USGE and its owners were treated and that can come with some hefty damage awards.  We can hope and pray this jumbleF bankrupts Arlington out of its abusive ways towards animal owners.

Who Owns That Doggy In The Window?

Posted February 6, 2010

Anyone who thinks about it for a few minutes will realize the pet in the window at a pet store may not belong to that store.  It could be there on consignment.  It could be that ownership doesn’t transfer until the supplier gets paid.  It could be subject to a lien.

A whole body of law has been developed to protect lenders because businesses of just about any size can no longer run on a cash basis.  If a government seizes a house or car, it generally has to ascertain who has interests in the property and many of them get priority over the seizure when it comes to getting paid or even when determining who gets possession.  In the case of animal seizures, doesn’t the seizing government at least have an obligation to determine who owns the animals?  Who may have liens against them or other forms of interest?  In Texas animal cruelty cases, they are required to give notice to the owner so I think that indeed they do because the person in possession may not be the owner at all.

This was touched on in the U.S. Global Exotics case where notice was given to the Shaws and the court determined that was sufficient for notice to the corporation.  I disagree but there’s the bigger issue.  What if USGE wasn’t the sole owner of the animals?  What if other owners find out after a seizure and after their animals have been destroyed or distributed?  These cases happen very quickly and the true owner may have no idea that they’ve begun, no opportunity to make a claim if not given notice.

It isn’t just the big cases this could happen in either.  It could happen in many situations.

In addition to finding an interpreter, [Marion County District Attorney Bill] Gleason said the postponement would also give Juan Jesus Davenport, the legal owner of the seized horses, time to bring equipment to transport them. Davenport, who came to the hearing to reclaim his animals, said he had loaned them to Ms. Hoffman to use in her proposed educational programs.

SPCA of Texas has farmed out the USGE animals to a multitude of organizations and appears to have retained ownership.  Wouldn’t they be entitled to notice if those animals were subsequently seized?  If someone is accused of abuse, are they likely to voluntarily provide the ownership information?

Many animal rescue groups retain ownership or some form of residual right in animals even when they are adopted out.  What of notice to them?

Responsible dog and cat breeders care very much about their offspring and often retain an interest in them.  They main co-own them with several others or retain an interest in those placed in pet homes.

How about animals seized from a commercial kennel, groomer, or veterinary clinic?  Would the owners vacationing afar have any idea their animals had been seized?

We entrust our animals to all kinds of people and we want to think they well cared for while we aren’t there but, if that person’s own animals are seized, we know all animals present will be swept up and we can’t possibly know everything about everyone we entrust; more so for those in commercial enterprises.  What if it were all the animals at a particular airline?

If animals are moved from being property to some category similar to children, all the more reason the "guardian" must be identified and notified just as would be the case when children are taken from temporary caretakers and day care centers.

Surely seizing agencies have an obligation to investigate ownership and ensure that owners get notice and, if not provided, surely they could be liable to owners not notified, not given a chance to reclaim their property.  I’d bet they don’t even regularly scan animals for chips when they seize them, that they make NO attempt to ascertain ownership in their arrogance of these seizures.

Governments like to think they are immune to lawsuits and damage awards but that isn’t nearly as true as they like to think.  That is even more true if they’re going to continue with big seizures in a multinational market; more so as ownership becomes more complicated even for individually possessed pets.

The animal rights activists want us to be reduced to “guardians” anyway so why not gift our animals to our family members or friends?  At a minimum, it would surely make giving notice to the owner a bit more time consuming and complicated.

Houston: EXOTICS, Free for the Asking

Posted February 5, 2010

So far, we are up to 365 animals to bring back to Houston.
Conditions for accepting animals:

Sorry, SPCA rules. SPCA will take legal action if we break these conditions.

Yeah, sure, uh huh, we believe that SPCA of Texas is going to be able to monitor these thousands of animals in thousands of homes in multiple countries.  Hungry snakes + hamsters = LUNCH  ;-)          ROTFLMAO again!

George (or whoever you really are), keep posting the obscene comments.  The spam filter is ALWAYS going to snag them but they give me a nice uplifting giggle!

KILLING, What THEY Do Best

Posted February 5, 2010

All the fowl, which included chickens, turkeys, geese and ducks had to be euthanized based on the Texas Animal Health Commission laws in case they had Avian flu. The domestic cats were also euthanized due to an upper respiratory infection that spreads from cat to cat.”  That appears to be the judgment of Dr. Carol Hedges who, as veterinarian in this matter, appears to have swiftly played judge, jury, and executioner to a large number of animals and probably within mere hours of the seizure.  BTW, her conclusion is complete and utter CRAP, CRAP, and BULLSHIT.  These animals were killed for pure and simple convenience and with no regard whatsoever to their lives or their owner’s rights.  Rescue my ASS.  This is an excuse for mass killing of animals for no other purpose than the killing itself and to raise donations while not having to actually care for the animals.  It's an all too common obscenity in these animal seizure and incredibly rare if it is reported (so some kudos for doing that to the reporter).

“All the fowl, which included chickens, turkeys, geese and ducks had to be euthanized based on the Texas Animal Health Commission laws in case they had Avian flu.”  BULLSHIT!!!  Killing the birds was NOT necessary.  Suspect flocks are monitored and tested.  Those birds actually EXPOSED are quarantined and tested.  Birds that test positive are killed.  So says the TAHC.  I found no place on their website that encouraged pre-emptive killing of birds!

“The domestic cats were also euthanized due to an upper respiratory infection that spreads from cat to cat.”  More HORSE SHIT!!!  Ditto for the cats as with the birds; isolate, test…  Euthanasia should be an absolute LAST resort when you don’t own the animals and they are in your temporary care.

NO government has any business snatching up animals unless it’s prepared to give them a reasonable level of care while the seizure proceedings are pending.  PERIOD and NO excuses.  These animals were all ALIVE in Barbara Hoffman’s care so it was a DAMNED site better care than they got from Marion County.  If she’s to be convicted of cruelty, then each and every one of the officials involved in this seizure should be convicted for torturing these animals through the grossly inappropriate circus-like seizure, move, examination and killing.  By the time they got to the killing, these animals HAD to be in utter terror.  I am beyond outraged at this conduct by Marion County’s officials AND Caroline Wedding of the Humane Society of Marion County, as we already know her fingers were stuck in this and must now be sticky with the blood of these animals.

Veterinarian: Dr. Carol Hedges, Carol L. Hedges, Carol Lynn Hedges, C. Hedges, C. L. Hedges.  GD baby vet, licensed just 5 years!  Probably a member of that frigging HSVMA to boot.  I wouldn’t entrust a toad to the care of Jefferson Animal Clinic.  In my little old personal opinion, you, Dr. Hedges, are one lazy incompetent HO.

My animals go on vacations with me and places like Marion County need to know we animal lovers, we owners, will not be spending our vacations in places where the risk they will be killed is HIGH.  The Chamber of Commerce should show its compassion for animals by revoking memberships of the Humane Society of Marion County, Dr. Hedges, her clinic, and any other members who participated in this scandalous animal seizure.

And THIS is the case that needs to go up on appeal in Texas and establish the value of pets goes way beyond replacement value and that the emotional distress inflicted can be extraordinary and Marion County should be in debt paying off the judgment for the next 100 years.

Oh, yes, I know why animals are almost always killed right off the bat.  It’s to terrorize the owner into caving to whatever demands are made of them and most do just in hopes of saving their other animals, in hopes that those animals will be spared by their self-sacrifice.  Are you all familiar with the rule of unintended consequences?  One of the consequences of this instant killing may well be a greeting by animal owners who shoot first under the castle law so don’t be surprised when your violence results in much more violence.  I would most certainly rather risk being shot than see my animals die in this fashion, at the hands of the likes of Dr. Hedges. If I get shot, at least I’ll be on the other side to greet them when they arrive to ease their transition.  And that would also put me in the right place to testify on the responsible person’s real and FINAL judgment day.  You may get away with these mass killings of animals for now and for no decent reason but you will be held accountable – eventually.

Whether an animal is euthanized or allowed to die through a normal course is a decision that simply must be made by an owner and no one else.  The killing of animals who have homes simply MUST stop!!!  If the owner feels life is better than death then it is not the state’s place to tell them otherwise.  This isn’t something that involves just people or even more so children but also as it relates to the animals.  There is simply no one in a better position to make the decision than the owner whether the animal is pet, inventory, or livestock.

USGE Animals Shipping Out, Your Donations WANTED

Posted February 5, 2010

Thousands of exotic animals [from U.S. Global Exotics] are making a road trip to Detroit.  SPCA of Texas has arranged for different groups — including the Detroit Zoo — to take control of the animals and insects…”  And the Detroit Zoo goes on my pro-PETA, not to be trusted or supported list.

There’s a photo album for us to peruse.  Scroll through the pictures.  Tell me, are they moving the exotics while it’s dark outside?  They in their layers and jackets while the animals sit in the van, in the cold, with the bay door open for the photo op?

Turtles, LOTS of them in a single container, crawling all over each other!  Check out the STACKS of teeny tiny containers.  They looked cramped to me, poor dears.

No doubt the hedgehogs have long since hit the road, disbursed to who knows where to become quickly breeding personal pets and yet an ongoing fund raiser for HWS as well.

WildRescue, Inc. will be picking hundreds of animals from the Dallas SPCA on Monday, Feb. 8th. We are going to be taking on animals such as toads, leopard geckos, dozens of species of snakes, lizards, hamsters, turtles, and tree frogs.  For this we will need lots of supplies that we don't usually have on hand. If anyone has this stuff lying around at home, or wouldn't mind going out to a store to get it and donate it to us, we could certainly use it here! (Posted in the "volunteers" section, looks "miscategorized" to me.)

Mind you that this is a group that admittedly has little (if any) experience with the types of exotics they are taking them in for life.  They generally handle rabbit rescue and some native wildlife rescue for re-release to the wild.  “The majority of that wildlife is the eastern cottontail (our most fragile mammal), the fox squirrel, and the Virginia opossum.”  With about 80 in residence on a regular basis and having to advertise for volunteers just to keep that going.  And this in the donations request: “Pinkies & fuzzies - Yes, dead baby mice. Unfortunately this is the wonderful world of feeding snakes”  Aw, yes, the bunny hoppers having to feed “pinkies & fuzzies” to the snakes; sure that’s going to happen for years to come; don’t think so.  (Hint for you: Some snakes like their food still ALIVE.)  Hm, under funded, trying to get equipment and food donated in under 4 days, and going from under 100 animals to thousands in a single day.  I suspect “for life” won’t be for long for these critters; unless they're planning on "adopting" (selling)  them out.

I love this statement: “You will receive a special donation receipt with the dollar amount you specify so you can use it on your taxes.”  I might just have to send that to an old friend at the IRS because that just ain’t how you’re supposed to determine the FMV of the donation receipt.

A while back in a case involving dead horses, some activist was blathering about how easy it is for an owner to get help with for/with animals and comments like that make me scream because it’s a blatant lie.  Most of these “humane” groups severely limit the number of animals they “save” and these days they clearly prefer to take in animals from seizures so they can use them to boost their income.  If you or I struggle to care for the animals, we’re scum; if they go a-begging for supplies while taking in animals they don’t have funding, equipment, or resources to provide for the animals, they consider themselves “rescuers”.  IMO, that’s straight up covetous hoarding by another name.  These USGE animals would have gone to people who wanted them enough to buy them and provide for them; now most are headed into the hands of inexperienced lay volunteers as freebie pets and to be used for fund raising to line NPO pockets; provided they can survive the care of more lay volunteers and provided those groups can get what they need and don’t get bored or overwhelmed…

And don’t forget that SPCA of Texas has NOT provided an update on how many even survived their care or how many they killed in the last month.  We certainly will NEVER see a list of all the individuals and organizations now taking the animals in; nor any updates on them and their care.

The Stench of it All

Posted February 4, 2010

The stench was so strong, you could hardly breathe.”  Was it really?  Or did you convince yourself it would be before you ever got there?  Sense of smell is a powerful thing, as is the mind’s ability to invent them, more so to simply exaggerate them.  When objective measurements are used, that “oh, my, it stinks” is usually more imagination than fact.  In each of these animal seizure cases it seems someone is going to great lengths to describe the odors in colorful language.  Like this…

"If you haven't got a strong stomach you'll probably lose it," said Larry Nance. "I mean, the ammonia is so strong it just burns your nose when you walk in. The filth and the smell and then you look at these cats in these cages. They're not let out to use the restroom at any time."  Yes, surely we are simply to take the word of someone (probably a lawyer) who thinks animals should use restrooms.  Um, and the pictures of poop in the cages?  Did y'all miss taking photos of that or did it not exist?  No, I don’t think so.  I especially don’t think so when there is a simple and inexpensive method to measure smells these days.

Any government that is going to seize property and threaten to keep it or have it removed when it is related to a “stink” complaint or such is a component of the case as it often is in animal seizure cases should surely be able to provide objective measurement of the level of the stench.  From my research, it certainly appears that governments know that too so now I’m more than angry that those measurements and standards aren’t being used in these residential seizures.  You see they’ve been using them for decades to deal with large livestock operations.  There’s a whole field of agricultural science dedicated to this that animal control officials and humane groups would have tripped over had they spent a few minutes on the internet.

Let’s see.  There’s now a portable, hand held measuring device (scentometer) called the Nasal Ranger that costs about $1,500 and the materials even give examples wording for community standards (ordinances).  Texas already has ambient level caps (residential and commercial) for a number of offending items.  Scroll on down to page 3 and you’ll see that a number of states and communities have already set D/T standards and guidelines.  A person seated measures 1 olf and an athlete measures 30 olf.  The scentometer similarly measures the odor in the air and computes the in D/T ratio.

Would you take a police officer’s testimony of how fast someone was speeding these days or would you demand the radar readings?  There’s NO excuse for testimony to be acceptable in lieu of D/T ratios these days.  If it’s simple and inexpensive, why aren’t they using scentometers?  Ah, because the objective measurements may not support their allegations, of course!

And there’s another little problem.  We all want “natural” these days and compost, mulch, bat guano that we use in our gardens STINKS (as natural fertilizer [you know, it's animal poop, right?] has always stunk).  You see it isn’t the level of stench, nor even the health issues (which can’t actually be determined by scent alone), it is the PERCEPTION of stink and the delusions of those who instantly jump to health hazard allegations.  I truly dislike the smell of “athlete come home from gym” while I know others who adore that scent.  To each his own.

All the more reason to set D/T levels in communities.  You can have your bat guano and I can have my dog poop (and there’s actually little difference between them).  That’s life.  We all stink and have to put up with each other’s stench.

Interestingly, the standards I ran across always seemed to require measurements at the property line.  They inherently acknowledge the privacy of PRIVATE property and that is exactly as it should be.

The Stink Meter Overload in these cases is from the stench of overstepping government officials and their bff animal rights activists.  From the Boado seizure in Harris County, to the Kearney seizure to the USGE seizure to the seizure of Barbara Hoffman’s big cats; we hear of the stench.  Time for the government to put up or shut up on that topic!

And shortly we will know if JP Lex Jones has an appropriate grasp of and respect for the US and Texas Constitutions and fundamentally protected property rights or not.

Hearing 11 AM Marion County District Courtroom

Posted February 3, 2010

I asked a friend to call and, after getting a bit of runaround and mild attempts at intimidation, it appears that the hearing on the Hoffman animals will be Thursday morning, February 4, at 11 AM in the District Court’s courtroom which is located in the Marion County Courthouse in Jefferson, TX.

There are at least 3 cause numbers:

  • CR 10-0185
  • CR 10-0175
  • CR 10-0112

All styled: State of Texas v. Barbara Hoffman and Fred Lulling

Those cause numbers and styles raise some issues.  As I said in an earlier entry, the seizure case is usually styled “In Re: 500 dogs” or something similar.  Use of “In Re” is to indicate a non-adversarial case, usually one involving an estate, a highway or other public matter, or some form of “res” (a thing, an object).  In Re has also become the common designation for CPS actions concerning children which I’ve always found quite offensive.  Children are not objects, not property, and any action to remove them from parents is anything but “non-adversarial”.  Where there is jurisdiction over property, the term “In Rem” is often used.  If the court clerk is correct on the style (the name) of this case, it is the first one I consider properly named.  Attempting to take one’s animals, one’s property, is most certainly adversarial and the parties should be named.  That nonsense naming to hide these cases should STOP.

Now, that “CR” indicates that all 3 cases are logged as criminal cases.  “CV” is generally used for civil cases.  How interesting!

Have you ever called the courthouse to get information on a case?  The SOP is the clerk simply answers the questions but something changes in high profile cases.  Suddenly the clerks turn on their ultra polite voice, develop manners, and then ask “who am I speaking with?”  There are several very good answers for this: none of your business, a citizen, a resident of this state, a member of the public, or ask why they want o know.  The information is PUBLIC.  This is a clerk’s attempt to intimidate.  Stand up to them as they are there to provide a public service and it really is NONE of their business who wants that information.

Oh, and, if you feel particularly paranoid about calling court clerks and lawyers, learn how to block your caller ID.  None of these dweeby court offices have any special call tracking equipment.

View older posts »

Deer Tasered, Tranqued, Tasered; http://www.thestar.com/videozone/730077

FDA Pet Widget

http://www.youtube.com/watch?v=5yWaE8tTlsc

Grandma refuses to kowtow to LEO.  Fat, lazy, bully LEO throws tantrum, throws ticket book to ground, shoves Grandma, Tasers Grandma to the ground, and Tasers her multiple times thereafter.  SHAMEFUL LEO!

http://www.youtube.com/watch?v=_i90AhW-X4g

2 CHUBBY LEOs, sitting on kid, Taser scrawny kid while other LEOs watch at a charity event!

http://www.youtube.com/watch?v=KWaCD6jIH5Q Tasered in custody, locked room, multiple officers present, one victim present.

Mostly Garbage Dog Food.  This exemplifies what I hear whenever there's a commercial dog food commercial playing :)

4 days after Vet care

Here's what my girl looks like 4 days after the vet "fixed" her up for a tiny dog bite.

In the News

Avoid Dangerous Vets

Queen Sheba with Lady Bryde, Shiba Inu and Choc Lab, raised together and sharing a birthdate.

Glenda's newest suitor

Go Vote for a PSA

 

 

 

 

 

 

 

 

 

 

 

 

NAIA Alerts

Blog Entries

View older posts »