Dear Friend of Animals,
WE JUST ISSUED THE BELOW FORMAL MEMORANDUM OF SUPPORT TO EVERY MEMBER OF THE
NYS LEGISLATURE. PLEASE FIND YOUR STATE SENATOR AND ASSEMBLY MEMBER FROM THE
LINKS BELOW AND EMAIL THEM YOUR SUPPORT FOR A06553-S2052, AND ASK THEM TO
ADD A “STANDARDS OF CARE” PROVISION IN THIS PROPOSED LAW.
We will be visiting Albany on March 30 with the Humane Society of the United States on “Humane Lobby Day” and hope you will come with us to lobby for this and other
legislation to protect our friends. After all, if we do not speak for them who will?
Companion Animal Network
Garo Alexanian, Executive Producer, Companion Animal Network Television
Edward Wiacek, Humane Law Consultant NY City Police Dept(ret).
Kevin P. Kirk, DVM, Veterinary Consultant, Queens Midway Animal Hospital
Charles Nicholas, Esq., General Counsel
PO Box 656712, Fresh Meadows, NY 11365 718-544-PETS(7387)
Bill Hinkle, Bronx, NY
Enid Breakstone, Dallas, TX
Michelle Moschides, Staten Island,NY
Marge Ungaro, Queens, NY
Marilyn Spierer, Manhattan, NY
Andy Sessa, Brooklyn, NY
Lars Pardo, Seattle, WA
Kari Nienstadt, Phoenix, AZ
Judy Jones, San Jose, CA
June Wilson, S.F., CA
Susan Huesken, Cincinnati, OH
Trevor Chin, Tampa, FL
Dion Sullivan, Washington, D.C.
Bonnie Boine, St. Louis, MO
Susan Alpern, Miami, FL
Peter Goetz, Mt. Holly, NC
Jeff Dorson, New Orleans, LA
To: NEW YORK STATE LEGISLATURE
Re: MEMORANDUM OF SUPPORT FOR A06553-S2052
Dear Member of the NYS Legislature:
Pending legislation against tethering dogs more than 6 hours per day is
self-evident to be necessary and supported by our members. California passed such
legislation recently, as have many other states. New York State has never
been one to fall behind other states, but on this issue it has occurred. In
2003, upon the discovery during the Spring thaw of the chained frozen carcass
of a dog tied to a stake, the NYS Legislature passed into law its first ever “
standard of care” legislation regarding companion animals. However, there
were missed opportunities which would have prevented the premature death of “
Pepie” recently, (1) below, and numerous other dogs being frozen to death
while tethered, (2) below.
We would like to bring to the Legislature’s attention that “Pepie” lived in
a 10 ft. by 3 ft. by 3.5 ft cage for perhaps as long as 16 years, day and
night, winter and summer, until he died in January 2009.
In Buffalo, a local rescue group distributed the below picture and accounting
of dogs frozen while tied up.
From: "Julie Stayer" email@example.com_ (mailto:firstname.lastname@example.org) (at
Sent: Thursday, February 05, 2009 12:41 PM
Dogs being left outside to DIE! -
A person contacted our rescue with this story and picture.
He was at Wilson Farms around 10:30 am the other day. He noticed a "City
of Buffalo Animal Control" vehicle. He noticed something protruding from
the vehicle. Upon closer investigation, he saw that the back of the truck was
loaded with dead dogs, about 12, mostly Pit bulls that were frozen solid.
The Animal Control Officer informed the man that he drives around all day
and picks up dead dogs, mostly Pit bulls, that are left outside to die.
Bottom line, there needs to be more education, media coverage and penalties for
this abuse. I think we've all tried to call about these cases and are told
that as long as the dog has shelter, that there is nothing that can legally be
done. That needs to change.
I have contacted Channel 2, who would like to investigate. A fellow rescuer
of mine, also a part of Smilin' Pit Bull Rescue, has contacted Channel 4,
who is also interested.
Please forward to fellow animal lovers, local leaders, everyone who has a
Smilin' Pit Bull Rescue Volunteer
Incorporating appropriate provisions which define standards of care for
outdoor dogs into the proposed anti-tethering legislation would prevent the
necessity to revisit this issue once more when more such publicly revolting sights
are reported while the owner is in compliance with the existing lack of
standards of care. As you read this there are two Rottweiller siblings freezing 24
hrs a day, 7 days a week, sitting on concrete in un-insulated dog houses in
New Rochelle at the home of a millionaire who owns half a dozen Mercedes
vehicles. These cases are the few that we hear about. It does not take much
imagination to realize that there are hundreds, perhaps thousands, of similar
situations which do not receive either the media’s or the humane community’s
The owner of Pepie, James Schuler of Dunkirk, refused offers of free
fencing, free insulated shelter and offers of volunteers to walk Pepie. As do many
people when challenged on their care of their children or pets, Mr. Schuler
used the existing lack of “standard of care” laws as a shield to insulate his
ego instead of Pepi’s cage. Dog pens should be a minimum of 150 square feet
and required to have at least three inches of insulation when the
temperature falls below freezing at 32 degrees.
The 2003 “standard of care” legislation enacted merely required a “
structurally sound shelter” or a $250 fine. As the recent NY Post article below
states, “an ice-cold metal cage” on concrete in 0 degrees is nonetheless “
structurally sound.” New York State is better than this.