Dog Federation of New York

Dog Federation of New York Announces Results of First Study of NY Pet Dealers

2011-08-01T06:29:00.000-04:00

Strong Majority of Licensed Pet Stores and Breeders Comply
with Animal Welfare Mandates

New York, NY – August 1, 2011: The Dog Federation of New York (DFNY), a not-for-profit statewide coalition of individual dog owners and dog-related clubs and organizations committed to animal welfare, announced today completion of their first analysis of inspection records of licensed New York State pet stores and non-residential breeders referred to as “pet dealers” under state law. With a growing effort from radical animal rights activists in New York and nationally to permanently close all pet stores and submit dog and cat breeders to overly-burdensome regulation, the findings are of particular importance to New York’s elected officials. Copies of the study will be made available to public officials.

Because elected officials may have few facts and little more than Internet rumor on which to base their deliberations, the Dog Federation of New York will offer relevant sections of its database to Suffolk County legislators. Earlier this summer, Suffolk County considered a proposal sponsored by Legis. Jon Cooper which would have closed most pet stores in the county by prohibiting the retail sale of dogs under the age of one year. The proposal has since been withdrawn.

A key finding of the DFNY study of calendar year 2009 showed that during regular annual inspections statewide, very few infractions cited by inspectors involved the hands-on care of animals. Other than a failure to renew pet dealer licenses on time, a whopping 82.1% of inspections statewide identified no short-comings during regular annual inspections.

A “critical” violation with the potential to immediately impact the health or safety of animals was identified in 7.8% of annual inspections conducted of each pet dealer in New York State. Only one New York pet dealer was cited for more than one critical violation during a regular annual inspection in 2009.

"This study is an important first step in establishing a fact-based picture of licensed New York pet dealers, kennels and catteries. Our data provides real information for animal lovers and public officials who may be unfamiliar with requirements and levels of compliance,” commented Dog Federation of New York spokesperson Mahlon Goer. “While there were pet dealers with unacceptable conditions of care, and such facilities must be brought into compliance with the law immediately, we believe New Yorkers will be surprised with the generally high level of compliance with our laws designed to protect the welfare of animals held by pet dealers.”

The Dog Federation of New York obtained records from the New York State Department of Agriculture and Markets (NYSDAM) covering each of the 571 annual, “special” and re-inspections of pet dealers conducted by NYSDAM in 2009. Analysts examined each inspection report, tabulating identified strengths and weaknesses, levels of compliance with regulations designed to safeguard the health and safety of animals, and probing areas of apparent shortfall. Licensed pet dealers include pet stores and some dog and cat breeders selling animals directly to the public in New York State.

NYSDAM inspects licensed pet dealers at least once a year to assure compliance with state laws governing housing, sanitation, food and water, and veterinary care for animals in the care of pet dealers. In addition to regulations designed to safeguard the welfare of animals, New York pet dealers must also comply with requirements for record keeping and documentation, and provide their customers with consumer rights notices and other educational materials.

“Protecting the welfare of pets is a concern we all share, whether the animals reside in private homes, institutions such as shelters and rescues, or in the care of pet dealers. We hope our data will contribute to an informed understanding of the licensed, inspected New York pet dealers in our communities.”

About the Dog Federation of New York:

The Dog Federation of New York is a statewide coalition of dog clubs and organizations that serves the public interest by educating citizens and legislators on responsible dog ownership and advocating for strong, and humane dog-related legislation. The Dog Federation of New York welcomes all dog owners and dog-related organizations in New York.

Syracuse Animal Hospitals Receive Commendations from Dog Federation of New York

2011-07-20T21:15:00.000-04:00

Syracuse Animal Hospitals Celebrated for Rescuing Kittens in Desperate Need

The Dog Federation of New York (DFNY) today issued letters of commendation to the staffs of the Fairmount Animal Hospital and the True Blue Animal Hospital of Syracuse. Employees at the two area veterinary facilities responded compassionately to the dire needs of abandoned kittens found nearby. Their hard work and commitment to the welfare of animals saved the lives of the young kittens apparently left alone in an area park.

Kittens as young as the ones rescued by the animal hospitals require round-the-clock attention and must be fed every three hours. They are given a special formula to compensate for the loss of their mother’s milk.

“On behalf of animal lovers everywhere, we want to express our gratitude to the staffs of the Fairmount and the True Blue Animal Hospitals,” commented DFNY spokesperson Mahlon Goer. “Without their dedicated efforts and commitment to animal welfare, these kittens would have died.”

“It is important to celebrate the compassion and commitment to animals we all share, whether we’re dog owners or cat fanciers,” she continued. “So often everyday pet owners and animal lovers don’t hesitate to respond to an animal in need, and they go unrecognized. It is a pleasure to commend the staffs at these animal hospitals, as well as the many volunteers and donors who support them in their efforts.”

Permanent homes have been found for some, but not all, of the kittens. People who would like to add a kitten to their families should contact the hospitals for further information.

Opposing the Proposed Ban on Retail Sale of Dogs in Suffolk County

2011-07-05T14:32:00.002-04:00

an open letter to Suffolk County legislators

July 5, 2011

Hon. William J. Lindsay
Presiding Officer
Suffolk County Legislature
Smithtown, New York

Subject: IR 1545 – 2011 (Cooper) -- OPPOSE

Dear Legislator Lindsay:

The Dog Federation of New York is a coalition of individual dog owners and dog-related organizations committed to responsible ownership, with a membership that spans the State of New York. We are pet owners, dog trainers, animal control officers, breeders and exhibitors, and animal rescue volunteers. Our diverse membership is committed to helping New York legislators respond appropriately to the concerns we all share, including providing for the public’s health and safety while addressing concerns on animal welfare issues.

We write to express our opposition to the provisions of the above proposal, and to urge that the bill be held for further consideration. Based on misinformation and internet rumor, and backed by national animal extremist organizations, IR 1545-2011 would interfere with interstate commerce, violate state law pre-empting localities from regulating the sale of dogs, and essentially make Suffolk County responsible for the establishment of unfair trade practices.

Suffolk County is already saddled with a radical animal rights-driven and highly questionable “animal abuser” registry which, with no demonstrable effect on the prevention of crimes against animals, deprives Suffolk residents of their right to equal protection of the law and appears to unlawfully gift public monies generated pursuant to a public law to a private corporation.

With a stated goal of addressing unnecessary euthanasia in animal shelters across the country, IR 1545-2011 would further expose local residents and taxpayers to additional violations of their constitutional and civil rights, and the expense of defending the County in court when the law is inevitably challenged.

The best information available indicates that animals from pet stores rarely contribute to shelter populations. A study published by the National Council on Pet Population, whose membership includes the ASPCA, the American Humane Association and the American Veterinary Medicine Association, found that dogs purchased from pet stores constitute just 3.9% of shelter populations. Since this best estimate of pet store contribution to shelter populations is less than 4%, it follows that the power of this proposal to reduce shelter euthanasia rates is minimal at best. Furthermore, euthanasia rates have fallen dramatically since the mid-1970’s and continue to steadily decline without the intervention of radical proposals like IR 1545.

Far from focusing on its stated goal, the unsubstantiated and highly prejudicial rhetoric included in the proposal implies that every licensed, inspected and lawfully operated pet store in Suffolk County furthers the crime of cruelty to animals. IR 1545 has already discouraged potential employers from opening new businesses in Suffolk County, and it jeopardizes the existence of responsibly and humanely operated pet stores which have been landmarks in their community for many, many years.

Because the dynamics of animal shelter populations and related euthanasia statistics have been significantly misrepresented by IR 1545-2011, we have prepared the attached fact sheet .in which we also reference the comprehensive requirements placed on licensed dog breeders and retailers by both the USDA and the State of New York – requirements which are completely and conveniently ignored by the proposal. [note: click here for fact sheet]

To reiterate, the members of the Dog Federation of New York believe that all responsible owners of animals share a concern for the well being of pets and livestock. Under the law, we are all explicitly required to provide for their welfare and should be held accountable if we fail.

However, our concerns cannot drive us to uselessly surrender the protections of our civil liberties that the U. S. Constitution and the laws of the State of New York afford and shutter responsibly-operated businesses which enjoy the support of their customers and community.

Our publically elected officials are sworn to uphold our constitutional rights and protect us from violations of our civil liberties. We trust that Suffolk County’s legislators will join us in opposing IR 1545-2011.

Thank you for your consideration.

Additional note to readers
If you would also like to contact the Suffolk County legislators with your concerns about Leg. Cooper's IR1545-2011:
Text of the proposal: click here
Contact info for legislators: click here
DFNY press release: click here
Fact sheet for legislators: click here

Suffolk County Legislature Mulls Controversial Scheme to Ban Sale of Dogs by Retailers

2011-06-27T12:00:00.029-04:00

For immediate release

Dog Federation Of New York rejects County Legislator Jon Cooper’s strategy as based on animal extremism, misinformation and distortion of facts

New York, NY: The Dog Federation of New York (DFNY) is calling on dog owners throughout New York State to reject Suffolk County Legislator Jon Cooper’s plans to work with animal rights extremists to prohibit the sale of dogs by local retailers, violate the privacy of residential hobby breeders, and endanger well-managed small businesses providing pets to Suffolk County families. Cooper cites concerns regarding the number of animals euthanized in shelters across the country as motivation for his proposed local law.

According to comments published in the North Shore Sun, Cooper accuses every pet store in Suffolk County of obtaining dogs from abusive, illegally operated “puppymills.” The term “puppymill” is an emotionally-charged and prejudicial characterization used by animal extremists who oppose pet and animal ownership of any sort. Illegal and cruel conditions are implicit in the usage.

Mr. Cooper’s “proof” that the dogs offered for sale by small business owners in Suffolk County are the victims of cruelty hinges on the location of their birth. If the dog was born in Missouri, Mr. Cooper reasons that the dog is the product of abuse. If the dog was born in Suffolk County, it is not.

Dogs identified in the press as “puppymill dogs” are routinely imported into New York from distant locations and offered for sale to the public in large numbers by many shelters and animal rescues, including several in Suffolk County. The conditions of care provided to such animals are generally not subject to inspection by New York State or the USDA, and the interstate transport of such dogs is largely unregulated. Pet lovers were recently horrified to read of the deaths due to suffocation of dogs being transported from Georgia to New York for an event sponsored by Best Friends Pet Care of White Plains.

By contrast, pet stores licensed in New York State are inspected at least once a year for compliance with comprehensive standards of care, as are USDA-licensed dog breeders.

"We are deeply concerned about Leg. Cooper’s motives and his grasp of the facts. His association with extremist groups such as the Animal Legal Defense Fund is troubling," stated DFNY spokesperson Mahlon Goer.

DFNY responsible dog ownership
classes in Town of Huntington

The best information available indicates that dogs from pet stores rarely contribute to shelter populations. A study conducted by the National Council on Pet Population Study and Policy indicates that only 3.9% of dogs in shelters come from pet stores.

“In these hard times, if Leg. Cooper wants to join the Dog Federation of New York in working to address the problem of animals needlessly dying in shelters, his focus should be on increasing pet retention through proactive support for pet owners struggling with economic and other issues. Shutting down lawfully and responsibly operated small businesses doesn’t help anyone and it will not reduce shelter populations.”

“Sadly, Leg. Cooper is choosing to exploit the complex and difficult issue of shelter euthanasia to grab headlines and gain political support by using inflammatory statements and false, misleading information”. Ms. Goer further stated, “It is important that we further the goals of animal welfare with laws based on facts. Leg. Cooper consistently has used misinformation as a calculated means to heighten public fears and misunderstanding, along with employing provocative language and negative stereotypes."

“We want to make sure that New York remains the most dog-friendly place in the world”, said Ms. Goer. “Extreme proposals designed to punish small businesses and favor other suppliers of pets in the marketplace should never be a part of life in any county in New York.”

About the Dog Federation of New York

The Dog Federation of New York is a statewide coalition of dog clubs and organizations that serves the public interest by educating citizens and legislators on responsible dog ownership and advocating for strong, and humane dog-related legislation. The Dog Federation of New York welcomes all dog owners and dog-related organizations in New York. On the web at http://www.dogfederationofnewyork.org/

Text of IR 1545-2011 (Cooper): Click here

Contact information for Suffolk County legislators: Click here

Attend the next public hearing on August 2! for directions, click here

Tell the truth! Fact sheet for Suffolk County legislators: Click here

2011-02-13T18:13:00.004-05:00

Dog Federation of NY Urges Repeal of NYC 10/2011
Prohibiting Humane Restraint of Animals

NYC law will impact city residents, events venues and visitors alike

Following news that on February 1, 2011 Mayor Michael Bloomberg signed Int. 425A creating New York City Local Law 10/2011, the Dog Federation of New York calls upon dog and animal lovers everywhere to join DFNY in urging the City Council to set the ordinance aside in its entirety.

Backed by some of the most extreme animal rights organizations in the country, Councilman Peter Vallone Jr.'s poorly considered, poorly drafted ordinance appears to criminalize a number of standard, ordinary practices exercised daily by caring and responsible pet and animal owners. Due to the vague language of the law, visitors and city residents alike will be unable to determine if the many prohibitions and limitations apply to them.

Among the new law's many flaws, it appears that families bringing their dog to the park for a picnic are prohibited from tying the dog's leash to a bench or picnic table while they enjoy their meal.

Because the language of the new law absolutely prohibits the use of "choke" collars for dogs under any circumstances, it jeopardizes the many purebred dog shows which take place each year in New York City, including the Westminster Kennel Club show at Madison Square Garden. Limitations on permissible restraint methods also threaten popular equestrian events, such as the Lipizzaner Stallion shows which also take place at Madison Square Garden.

Because the restrictions, limitations and prohibitions of standard and humane practices apply to all "animals", DFNY fears that circuses, rodeos -- possibly even the City's renowned Bronx Zoo -- may all be negatively impacted.

Local law 10/2011 empowers a host of unauthorized and unqualified individuals to enforce its prohibitions, which may entangle the city in expensive, unnecessary lawsuits.

Most bizarrely of all, the convoluted wording of the law may be interpreted as a prohibition against walking a leashed dog beyond the perimeters of the owner's property.

Many will remember Councilman Vallone's failed attempt to ban
"pit bulls" from the City of New York. PeTA, the radical animal rights organization that calls mothers who serve milk to their children "abusive" and whose members appeared at a Westminster Kennel Club show dressed in the white robes of the Ku Klux Klan, backed both Vallone's "pit bull" proposal and the new law, and testified in its favor.

Another key supporter was the Humane Society of the United States, an organization now under investigation by the Internal Revenue Service for excessive lobbying practices. A "humane" organization in name only, in 2008 HSUS expended less than one half of 1% of its budget on the hands-on care of animals in need. Patrick Kwan of HSUS testified in favor of the Councilman Vallone's proposal.

The best research available on the subject of tethering comes from Cornell University, and indicates that the proper tethering of dogs is a humane and responsible method of restraint. Neither the American Veterinary Medicine Association (AVMA) nor the Centers for Disease Control (CDC) support anti-tethering initiatives. DFNY urges dog and animal owners to exercise caution and adequate supervision, regardless of the restraint method they choose.

Int. 425 was hastily amended in the Committee on Health only three hours before it was passed by the City Council, giving the public no opportunity to review the new text. It appears that no representatives for responsible pet and animal owners and other stakeholders were notified or consulted during the drafting of the proposal. In reading the transcript of the minutes of the January 18th meeting during which this measure was passed, it is obvious from the comments of the council members that the proponents of this local law were somewhat disingenuous in their explanation of its effects and ramifications to their colleagues.

In these difficult times, in which so many New Yorkers struggle to keep their jobs and feed their families, the Dog Federation of New York deeply laments the waste of public funding involved in the consideration of Councilman Vallone's flawed proposal. The potential loss to the local economy if so many dog and other animal shows and events leave New York City is huge.

The members of the Dog Federation of New York believe that all responsible owners of animals share a concern for the well being of pets, work companions and livestock, and we support legislation and legislators that further the goals of animal welfare advocacy. However, by unreasonably restricting humane restraint through irresponsible language, it is clear that New York City's new local law will do far more harm than good.

We encourage caring pet and animal owners everywhere to contact the members of the New York City Council and Mayor Bloomberg to express their shock and deep concern, and to advocate a repeal of Local Law 10/2011 in its entirety.

UPDATE March 2, 2011: Councilman Vallone recently addressed one of DFNY's criticisms, although his comments gravely concern us. DFNY questions his understanding of the new law.

Our members prepared a more detailed analysis of New York City's deeply flawed new law. DFNY continues to urge NYC residents as well as dog and animal lovers everywhere to join us in asking the New York City Council to repeal 10/2011 in its entirety.

2010-08-14T12:45:00.019-04:00

Criminalizing Veterinary Procedures Across the State of New York

A11684 outlawing humane bark softening will kill dogs

On August 4, 2010, Assemblymember Kenneth Zebrowski (D-New City), introduced A11684.

The proposal to ban a veterinary care option available to dog owners in consultation with their veterinarians criminalizes humane "bark softening".

Accomplished by licensed veterinarians, the procedure is an unusual measure occasionally used as a last resort by dog owners desperate to prevent uncontrollable, loud and frequent barking which has become an issue with their neighbors and within their communities.

A11684 subjects both dog owner and veterinarian to severe sanctions and penalties.

The American Veterinary Medicine Association policy does not support proposals such as A11684.

For a further analysis of this unreasonable and pointless curtailment of the ability of caring dog owners to humanely and safely address an unusual and intractable behavioral issue, please refer to Dog Federation of New York member Susan Beals' analysis of the misrepresentations, weak basis in "fact" and unanticipated negative consequences of Assemblymember Zebrowski's poorly-considered proposal.

The Dog Federation of New York always encourages dog owners to be sensitive to the concerns of their neighbors and community.

When other measures have failed, "bark softening" may be the last option for dog owners struggling to keep a beloved pet in their home, and out of over-burdened shelters which may have no choice but to kill a dog that barks too much.

2010-06-25T10:53:00.000-04:00

Village of Rockville Center Ordinance Restricts Pet Ownership,
Violates New York State Law

Pet Ordinance Threatens Dog Ownership and Encroaches on Civil Rights

New York, NY, June 25, 2010 - The Dog Federation of New York (DFNY), a statewide coalition of dog owners and dog-related organizations, today voiced grave concern over a local ordinance approved by the Village of Rockville Center Board of Trustees that places restrictions on responsible and caring dog owners, disregards New York State law and raises civil rights issues.

Elected officials in Rockville Center, New York recently approved Local Law 9, which prohibits ownership of Rottweilers and “pit bulls” in direct violation of the long-standing New York state law that protects residents from negative stereotyping and breed discrimination. Rockville Center’s new local law bans ownership of dogs based solely on the dog’s physical appearance and interferes with their owners’ right to be heard by a judge.

“Rockville Center’s pet owners are not second class citizens. They are entitled to the same protections afforded by state law that every other New York resident enjoys,” said DFNY spokesperson Mahlon Goer. “In New York dogs, and dog owners, are judged on their behavior, not their appearance.”

New York’s statewide laws protecting the public from dangerous dogs of any breed or type, regardless of appearance, are among the most stringent in the nation. “New Yorkers deserve laws based on facts, not fear,” Ms. Goer continued. “There is no scientific basis for breed specific laws or other trendy suggestions to restrict the humane care and ownership of pets. The unbiased, fair enforcement of reasonable animal control provisions is the key, not new laws.”

Through its attorney, the Dog Federation of New York sent a letter to the Village Board of Trustees urging officials to immediately repeal Local Law 9 and reminding them that an illegal breed specific law would face challenges in court. Rockville Center residents who fear they will be negatively impacted by the ordinance should contact DFNY as soon as possible.

“Local Law 9 is unnecessary and interferes with lawful dog owners. It creates a climate of fear and confusion that is certain to drive shelter surrenders up”, said Ms. Goer. “DFNY would be pleased to work with the Village of Rockville Center on a proactive approach to support responsible dog ownership and ensure quality of life for all citizens.”

About the Dog Federation of New York

The Dog Federation of New York is committed to helping New York communities remain dog-friendly and dog-safe by supporting and strengthening responsible dog ownership initiatives in New York State. On the web at www.DogFederationofNewYork.org

2010-04-09T10:01:00.012-04:00

Regarding the Humane Society of the United States
An Open Letter to New York State Senator Toby Ann Stavisky

April 9, 2010

Dear Senator Stavisky:

The Dog Federation of New York is a coalition of individual dog owners and dog-related organizations devoted to responsible ownership, with a membership that spans the State of New York. We are committed to helping legislators respond appropriately to the concerns we all share, including providing for the public’s health and safety while addressing concerns on animal welfare issues.

We recently read of the award you received from the Humane Society of the United States, and whole-heartedly applaud the compassion for animals conveyed by your remarks. However, we fear you may be unaware of the facts concerning the Humane Society of the United States.

For example:

Despite its name and much of the language used in publications and on its website, HSUS is not an umbrella group of local shelters and animal rescues. A recent poll indicates that the vast majority of Americans mistakenly trust that contributions to HSUS will be used to shelter pet animals, but this is almost never the case.

HSUS does not operate a single shelter for pet animals anywhere in the United States, and devotes less than 1% of its budget to hands-on care for pets.

Since late 2009, more than 5,000 citizens have requested that the IRS investigate HSUS’ tax-exempt status in light of what appears to be excessive lobbying activities in state capitals across the country, including Albany.

HSUS is the subject of a federal lawsuit brought by Feld Entertainment and Ringling Brothers Circus alleging RICO crimes on the part of the Humane Society of the United States, its attorneys and several other radical animal rights groups.

The Humane Society of the United States is an extremist animal rights organization led by individuals whose agenda is deeply at odds with the values of New York citizens and voters, and the needs of the pets and animals they love.

Senator Stavisky, our members believe that all responsible and caring owners of animals share a concern for the well-being of pets, work companions and livestock, and we support legislation and legislators that further the goals of animal welfare advocacy.

Based on the above, unfortunately, it is clear that the Humane Society of the United States is not an ally in this cause. We urge you, as well as all public officials elected in the State of New York, to remember that your mandate is to represent the public's best interest. Please consider carefully both the organization and the policies it advocates. We believe there is an undeniable discrepancy between HSUS's outward veneer and the reality that lies beneath the surface.

Thank you for your consideration.

Sincerely,

The Dog Federation of New York

__________________________

Update April 10, 2010

DFNY encourages concerned pet and animal owners to forward this letter to their own legislators. The letter and attachments can be downloaded using these links:

Letter to Senator Stavisky

2010-03-29T15:27:00.001-04:00

Empty collars, empty dreams.

That's what further restrictions on New York pet breeders lead to.

Join the Dog Federation of New York's No Empty Collars Campaign

Empty collars are what unwarranted restrictions on pet owners and breeders promise. Don't be fooled. The muscle behind these proposals comes from radical animal rights organizations, not New York's millions of pet owners.

The Humane Society of the United States isn't your local animal shelter and the restrictions and regulations they advocate won't protect the health and welfare of animals.

New York dog owners and breeders care about animals. HSUS doesn't.

Three key proposals threaten pet ownership in New York

A7285 Paulin/S5392 Squadron: Outlaws custody or ownership of healthy, happy pet animals

A7285/S5392 targets moderate-sized breeders, sports and hunting kennels, and boarding facilities by making simple custody of "too many" intact dogs (or cats) illegal. Lobbied hard by the Humane Society of the United States, the proposal creates a brand new crime: custody of healthy, happy, well-cared for dogs and cats if you happen to have "too many." The bill permits animals to be seized and sold off -- or even killed -- before their owner has his/her day in court.

The Humane Society of the United States pretends the bill addresses abusive breeding facilities that violate existing state and federal law, but the proposal offers no new protections for animals.
Further analysis here.

A7983 Paulin/S4961 Oppenheimer: Endangers humane pet breeders, violates client/patient confidentiality

Buried in this mammoth proposal is the end to client or patient confidentiality for pet owners. The bill forces pet breeders to provide blanket authorizations for the release of their veterinary and private registry records for inspection by agents of the State of New York.

More information on the many defects in the proposal here.

A8352 Titone/ S4515 Lanza: Six pages of restrictions and penalties for breeding three puppies or kittens

Anyone who brings just three dogs or cats into the world is an instant "animal breeder" under this proposal, and instantly subject to six pages of regulations, restrictions, and inspections. Penalties for failure to comply with any provision included in the six pages go as high as $1,000 per violation.

DFNY's No Empty Collars Campaign

Think these proposals are scary? Outrageous? Completely unnecessary?

So do we.

Here's how to participate in the Dog Federation of New York's No Empty Collars Campaign.

1. Print out the Empty Collar Statement (cllick HERE to download), add your contact information, and sign it.

2. Get yourself a few dog or cat collars (available at many "dollar stores").

3. If you want, add additional information or your own letter for legislators.

4. Immediately mail (good), or personally deliver (best!) copies and your Empty Collars to:

Assemblyman Bill Magee

Chairman, New York State Assembly Committee on Agriculture

Legislative Office Building 828, Albany, NY 12248

Senator Darrel Aubertine

Chairman, New York State Senate Committee on Agriculture

903 Legislative Office Building, Albany, New York 12247

Still have a few Empty Collars?

Send them to:

Assemblyman Sheldon Silver, Speaker of the New York State Assembly, 932 Legislative Office Building, Albany, NY 12248

Senator Malcolm A. Smith, President Pro Tem of the New York State Senate, 909 Legislative Office Building, Albany, NY 12247

Your own elected representatives.

Nothing but Empty Collars for New York pet lovers?

We hope not.

Please join the Dog Federation of New York in reaching out to our elected representatives, and help us protect lawful and humane pet breeders. We believe that locally bred, locally raised dogs and cats are a reasonable choice for New Yorkers who want to add a pet to their families.

Let's make sure that the future holds more than empty collars for us all.

2010-03-12T05:35:00.007-05:00

New York State Assembly Poised to Act on Bill
Holding Animal Owners Guilty Until Proven Innocent
Dog owner group calls on elected Albany representatives

to uphold state laws, challenges A9400 (Paulin) as illegal,

a direct violation of civil rights and misuse of public funds

March 12, 2010: The Dog Federation of New York (DFNY) today expressed deep concern regarding Assemblywoman Amy Paulin’s proposal regarding security bonds requirements in cases of animal cruelty allegations, placed on the agenda for the Assembly Agriculture meeting of March 16, 2009. A9400 expands on a highly questionable existing state law allowing pre-trial, permanent forfeiture of valuable animals—personal property—if defendants are unable to promptly post high cost security bonds to cover the maintenance of impounded animals pending resolution of charges.

Citing concerns of erroneous deprivation, a U. S. District Court in another jurisdiction struck down a substantially similar law on constitutional grounds in late 2009. Under existing New York law, defendants without the resources to post security bonds face immediate, permanent forfeiture of their animals to private impounding organizations before any action may be taken in their defense. Impounding organizations may then kill or sell off forfeited animals, retaining the proceeds for themselves.

In direct contradiction to existing state law, Paulin’s A9400 enhances forfeiture proceedings by requiring civil servants--district attorneys on the public payroll—to represent the interests of private corporations during security bond hearings. In addition to illegally requiring district attorneys, charged with defending the interests of the people of the State of New York, to represent private, not for profit corporations (impounding organizations), A9400 also violates state law by requiring district attorneys to act in civil matters such as the security bond hearings proposed by the bill.

“The members of the New York State Assembly have a duty to uphold the law. The Constitution of the State of New York and the U. S. Constitution protect the civil rights of all citizens, and the presumption of innocence, regardless of the nature of allegations, is fundamental,” said Mahlon Goer, Dog Federation of New York spokesperson. “We’d like to see Assemblywoman Paulin and the New York State Assembly uphold the law. Defendants cannot be assessed high financial penalties or face permanent loss of their animals—their personal property—before their trial even begins.”

Civil rights advocates also expressed concern that under the proposal defendants relying on public defenders must appear in court without the benefit of legal counsel during security bond hearings headed by district attorneys. Public defenders cannot act in civil matters in New York. A9400 requires defendants to cover the cost of maintaining animals no longer in their custody. New York State’s Criminal Procedure Law § 690.55 clearly places the responsibility for maintaining seized property on law enforcement personnel pending resolution of charges.

“We believe that all responsible owners of animals share a concern for the well being of pets and livestock, “ Goer continued. “Under the law, we are explicitly required to provide for their welfare and should be held accountable if we fail. However, our concerns cannot drive us to surrender the protection of our civil rights. We are innocent until proven guilty.”

S3155, Senator Craig Johnson’s companion bill to A9400, remains with the New York Senate Committee on Agriculture.

About the Dog Federation of New York

The Dog Federation of New York is a statewide coalition of dog clubs, organizations and individual dog owners that serves the public interest by educating citizens and public officials on responsible dog ownership. DFNY advocates for dog-friendly, dog-safe communities for all New Yorkers, and strong, and humane dog-related legislation. DFNY is committed to working with public officials to address the concerns we all share.

###

Post script: On March 26, and despite the many, many phone calls and emails sent to the NYS Assembly Committee on Agriculture by concerned New Yorkers, Asy. Amy Paulin's proposal was referred favorably to the Assembly Codes committee.

Watch this space -- or join the Dog Federation of New York's email list (information in the sidebar at right) -- for further information on how to oppose this bill.

2010-03-07T10:01:00.002-05:00

New York State Assembly Passes Bill

Attacking Presumption of Innocence

DFNY calls on elected Albany representatives to uphold state laws,
challenges A3765 (Englebright) as direct violation of civil rights and misuse of public funds

The Dog Federation of New York expresses deep concern over the recent passage of Assemblyman Steven Englebright’s proposal to allow petitions for security bonds to be made by district attorneys on the public payroll when defendants are arraigned following allegations of cruelty to animals. Under existing state law, defendants unable to promptly post costly security bonds face immediate, permanent forfeiture of their animals to private impounding organizations before any action may be taken in their defense.

In direct contradiction to existing state law, A3765 authorizes district attorneys, charged with defending the interests of the people of the State of New York, to represent private, not for profit corporations (impounding organizations). Existing state law also prohibits district attorneys from acting in civil matters, such as the petitions for security bonds covered by Asy. Englebright’s bill.

“The members of the New York State Assembly have a duty to uphold the law, the Constitution of the State of New York and the U. S. Constitution, and to protect the civil rights of all its citizens. The presumption of innocence, regardless of the nature of allegations made against a defendant, is one of our most basic, most cherished values”, said Mahlon Goer, Dog Federation of New York spokesperson. “We’d like to see Assemblyman Englebright and the New York State legislature uphold the law. Defendants cannot be assessed high financial penalties or permanent loss of their animals—their personal property—before their trial even begins.”

Civil rights advocates also expressed concern that defendants relying on public defenders must appear in court without the benefit of legal counsel during security bond hearings. Public defenders cannot act in civil matters in New York.

Under Assemblyman Englebright’s A3765 defendants are required to cover the cost of maintaining valuable animals no longer in their custody, or permanently forfeit them to a private corporation. The private corporation is then free to either kill the animals or sell them off and retain the proceeds, in contradiction to New York State’s Criminal Procedure Law § 690.55 which clearly places the responsibility for maintaining seized property on publicly employed law enforcement personnel pending resolution of charges.

“We believe that all responsible owners of animals share a concern for the well being of pets and livestock, “ Goer continued. “Under the law, we are explicitly required to provide for their welfare and should be held accountable if we fail. However, our concerns cannot drive us to surrender the protection of our civil rights. We are innocent until proven guilty.”

S5479, the Senate companion bill to A3765 sponsored by Senator Jeffrey Klein, remains with the New York Senate Committee on Agriculture.

Help preserve civil rights in New York! Stop A3765 and S5479 !

You can make a difference!

DFNY prepared talking points and an analysis of A3765/S5479 and A9400/S3155 -- two other nearly identical proposals before the NYS legislature on pre-trial animal forfeiture provisions. The proposals are nearly identical in their negative impact on civil rights in New York.

For talking points an analysis of Senate proposals, click here.

For talking points and analysis of the remaining Assembly proposal, click here.

Please immediately telephone or email the Chair of the NYS Senate Committee on Agriculture, Senator Darrel Aubertine, and ask him to stand up for civil rights in New York by holding Senate bills S5479 and S3155 in committee. Phone calls are best!

In Watertown 315-782-3418
In Albany 518-455-2761
In Oswego 315-312-3106
email: aubertin@senate.state.ny.us

Please also immediately telephone or email the Chair of the NYS Assembly Committee on Agriculture, Assemblyman Bill Magee, and ask him to stand up for civil rights in New York by holding Assembly bill A9400 in committee. Phone calls are best!

In Oneida 315-361-4125
In Albany 518-455-4807
In Oneonta 607-432-1484
email: MageeW@assembly.state.ny.us

Our concerns about the welfare of animals cannot drive us to surrender our hard fought civil rights! Ask Senator Aubertine and Assemblyman Magee to uphold the law!

2009-11-15T14:31:00.002-05:00

Local Hunters Receive Commendations for Rescuing Dog in Desperate Need

Dog Federation Of New York salutes trio of Saratoga-area men who saved Daisy’s life

Albany, NY – November 16, 2009 - The Dog Federation of New York (DFNY) today issued letters of commendation and thanks to Ed Dandaraw, Tom Peters and Kevin McCauliffe, the Saratoga-area deer hunters whose quick response to a pet’s dire distress saved her life. Dandaraw was hunting on his property with his two companions when he came across the cruelly taped and bound beagle. Daisy had been covered with duct tape, wrapped in a plastic garbage bag, and left to die in a swampy, remote area on Dandaraw’s property. She had been missing from home for two weeks.

Because of the difficult terrain, the men needed to use a four-wheeler to get the dog to safety. A former beagle owner himself, Dandaraw took the dog to his own veterinarian and was prepared to provide Daisy with a new home if her owners could not be located. Happily, the dog’s distraught family was quickly identified and Daisy is back home, responding well to treatment and gaining weight steadily.

“On behalf of dog lovers everywhere, we want to express our gratitude to Ed Dandaraw, Tom Peter and Kevin McCauliffe,” commented DFNY spokesperson Mahlon Goer. “Without their quick thinking and commitment to saving her life, Daisy would have died.”

A confirmed animal lover who owns goats, chickens and a cat, Dandaraw describes himself and his hunting companions as “regular people” who didn’t hesitate when help was needed. “The day we rescued that little dog was one of the best days of my life.”

The Saratoga County Sheriff's Department is in charge of the investigation of the crime, and persons with information are asked to contact the Department at (518) 885-6761. Because Daisy’s veterinary needs have been addressed and she is recuperating well, the Dog Federation of New York suggests that dog and animal lovers wishing to make a contribution consider a donation to the local animal shelter of their choice.

About the Dog Federation of New YorkThe Dog Federation of New York is a statewide coalition of dog clubs and organizations that serves the public interest by educating citizens and legislators on responsible dog ownership and advocating for strong, and humane dog-related legislation. The Dog Federation of New York welcomes all dog owners and dog-related organizations in New York. On the web at http://www.dogfederationofnewyork.org/

2009-11-04T09:13:00.007-05:00

Recent federal decision suggests defects
in New York Ag. & Mkts. law

Provisions similar to NY law found unconstitutional

In early October, 2009 the U. S. District Court Western District in Louisville, Kentucky, struck down parts of a municipal ordinance which were substantially similar to existing New York law governing forfeiture of animals in animal cruelty cases. The federal court enjoined the City of Louisville from enforcement of §91.101 of Metro Louisville’s controversial “Animal Ordinance”, because the forfeiture provision “threatens to deprive pet owners of their property rights without a finding of guilt (emphasis added).”

A copy of Judge Simpson’s entire Order and Memorandum Opinion is available here. To quote his discussion of the section of the Louisville ordinance allowing animals to be seized and forfeited prior to adjudication of charges if the defendant fails to post a security bond to guarantee the cost of maintaining the animal(s) during proceedings, the court reasoned:

“It is perfectly possible for a judge to find probable cause that a person has committed an offense, but for the person to later be found innocent. Under the scheme set up [in Louisville] if a person was unable to put up $450 immediately upon the probable cause finding, his pet is forfeit and he has no apparent recourse for its recovery, even if he is ultimately found innocent of the underlying charge. There is thus a high risk of erroneous deprivation.” (emphasis added)

Does New York law support erroneous deprivation?

As was the case in Louisville, existing New York State law allows similar onerous financial requirements to be placed upon defendants at arraignment by the filing of civil petitions for security bonds requesting the cost of maintaining animals seized while charges are pending.

The relevant section of Agriculture and Markets Law Article 26, §373(6)(a), setting out seizure and subsequent forfeiture proceedings reads:

. . .[U]pon arraignment of charges the duly incorporated society for the prevention of cruelty to animals, humane society, pound, animal shelter or any authorized agents thereof, hereinafter referred to for the purposes of this section as the "impounding organization", may file a petition with the court requesting that the person from whom an animal is seized or the owner of the animal be ordered to post a security.

Note that in New York, unlike Louisville, beneficiary impounding organizations are private, not for profit corporations or authorized agents, and not a municipal agency. Forfeited property (animals) goes to the private impounding organization, not the State of New York.

Agriculture and Markets Article 26, §373(6)(b)(2) continues:

"If the court orders the posting of a security, the security shall be posted with the clerk of the Court within five business days of the hearing provided for in subparagraph one of this paragraph. The court may order the immediate forfeiture of the seized animal to the impounding organization if the person ordered to post the security fails to do so. Any animal forfeited shall be made available for adoption or euthanized subject to subdivision seven-a of section one hundred eighteen of this chapter or section three hundred seventy-four of this article.” (emphasis added)

These provisions mean that if the defendant has the money to pay the bond (often thousands and tens of thousands of dollars per month), the animal owner is disbursing money prior to discovery, pre-trial motion hearings, prior to trial, and obviously, prior to a verdict on the alleged charges.

Conversely, if the defendant does not have the finances to pay the thousands and tens of thousands of dollars per month, he will immediately forfeit his animals - his property – prior to any action being taken in his defense.

Equally disturbing is that security bond petitions are civil matters; defendants relying on a publically-provided attorney will not have the benefit of counsel during the security bond hearing, a civil matter. Public defenders represent defendants in criminal matters in New York.

Disposition of seized property in New York

Estimated costs to be born by an impounding organization with custody of seized animals are cited as justification for security bonds. In essence, New York’s forfeiture provisions make the defendant responsible for preserving the evidence – the seized animals (property). This provision is antithetical to the provisions of state law, which clearly places the onus for maintaining seized property on the courts and the agencies which have custody.

Criminal procedure law reads (emphasis added):

§ 690.55 Search warrants; disposition of seized property.
1. Upon receiving property seized pursuant to a search warrant, the court must either:

(a) Retain it in the custody of the court pending further disposition thereof pursuant to subdivision two or some other provision of law; or

(b) Direct that it be held in the custody of the person who applied for the warrant, or of the police officer who executed it, or of the governmental or official agency or department by which either such public servant is employed, upon condition that upon order of such court such property be returned thereto or delivered to another court.

Under this section of the law, the court, the search warrant applicant, police officer that executed the search warrant or the government or official agency that employs that public servant are responsible for the care of evidence once seized and in its custody. Period.

Defendants cannot be divested of their property -- property no longer in their possession -- because the cost of maintaining evidence is not being covered by the courts. This is a clear violation of the defendant’s right to due process. It is unconstitutional and must be repealed.

As an alternative to costly seizures and impoundments, Agriculture & Markets Law provides for what can be referred to as a “seize in place.” AML § 373(7) provides that animals may be left in the care of the owner, with court-ordered supervision by authorities to guarantee their welfare, pending adjudication of charges against the owner.

Erroneous deprivation here and now

Private, not-for-profit corporations acting as complainants, and ultimately as impounding organizations, benefit through their participation in New York’s pre-adjudication forfeiture proceedings because they receive either the monies from the security bonds , or the valuable animals forfeited. Such animals are transferred to the impounding organization almost immediately following the defendant’s arrest and, with little or no monetary investment from the organization, may soon be sold by the organization.

These are clear financial incentives to seizure and subsequent forfeiture of animals in New York. Consequently the troubling, corrupt pattern of pre-adjudication forfeiture is well established.

Louisville and you

In Louisville, Judge Simpson wrote that “we must hold that the portion of [the Louisville ordinance] that would permanently deprive a pet owner of his property, absent a finding of guilt, is unconstitutional.”

We believe that all responsible owners of animals share a concern for the well being of pets and livestock. Under the law, we are explicitly required to provide for their welfare and should be held accountable if we fail. However, our concerns cannot drive us to surrender the protections of our civil liberties that the U. S. and New York Constitutions afford.

We are innocent until proven guilty.

2009-10-18T15:08:00.008-04:00

New York's "Puppymill Proposals"

Puppies! What would the world be without 'em?

Some New Yorkers may not realize it, but many proposed revisions to state law -- marketed by proponents pushing a national extremist agenda -- are based on misinformation, myth and fear-mongering.

Many proposals would make the breeding and care of puppies in the homes and kennels of hobby breeders, and sportsmen and women impossible.

Here's a careful, point-by-point analysis of Assemblywoman Amy Paulin's A7983 and State Senator Suzi Oppenheimer's S4961, proposals placing numerous, cumbersome and inappropriate restrictions on New York's home and hobby breeders.

DFNY's members don't want to live in a world without puppies. We believe New Yorkers should
have a range of choices when selecting a new dog for their home because no option is right for everyone.

A locally-bred, locally-raised dog from a home or hobby breeder is an excellent decision for many families, and legislation that would make such pups unavailable to most New Yorkers just isn't fair.

2009-05-29T19:31:00.004-04:00

DFNY Joins New York Farm Bureau to Oppose
Proposed Limit Laws on Dog and Cat Ownership

A 7285, S 5392 and S 4690 contribute nothing to animal well-being

These proposals allow for the seizure of animals if any person or business "has in its care"more than 50 intact dogs or cats over the age of 4 months, without the slightest regard to the health of the animals or the conditions of care provided to them.

In fact, proposals like S5392 do not offer a single protection to dogs and cats over and above existing, comprehensive, New York State laws on cruelty to animals and regulations for pet dealers.

Seized animals may be sold off or killed by the impounding agency if security bond requirements are not met within five days.

S 5392 is on the NY Senate Agriculture committee agenda for June 2, 2009. Please join the Dog Federation of New York in opposing it, and immediately write or phone NY Senate Agriculture Committee Chair Darrel Aubertine and Senate Agriculture committee members to express your concern regarding extremist proposals.

If enacted, a law like S 5392 would devastate lawful, humane hobbyists, pet breeders and sports enthusiasts.

For more information on the many defects and problems in these proposals, see DFNY's position paper.

Read the New York Farm Bureau's opposition statement here.

The Dog Federation of New York believes that one abused animal is one too many. We stand for strong and humane animal-related legislation. . . not numbers games.

We urge the consistent enforcement of reasonable, effective animal cruelty laws. We reject proposals which would shut down lawful, humanely operated kennels and businesses while doing nothing to protect the animals we love.

2009-05-16T14:16:00.007-04:00

New York City Housing Authority (NYCHA)
Bans dogs based on breed and size

One pet per home, no intact dogs or cats

DFNY joins stunned residents of New York City's more than 178,000 public housing units--home to more than 400,000 people--in opposing a newly implemented policy banning dogs based on breed or type (no "pit bulls," Rottweilers or Dobermans), and size (no dogs over 25 lbs.). The new rules took effect on May 1, 2009, and apply to any pets not "grandfathered in" prior to May 1.

NYCHA rules also limit public housing residents to one dog or cat, and requires that the pets be surgically sterilized.

DFNY members vigorously oppose breed specific measures, which are based on negative stereotypes of both dogs and dog owners. No credible expert on community safety and dog bite prevention supports breed profiling, and breed specific public policies are opposed by the Centers for Disease Control and the American Veterinary Medicine Association.

New York State law clearly prohibits breed specific laws and New York courts have repeatedly struck down breed specific dangerous dog laws.

In addition, we are deeply disappointed to learn that residents of New York City's vast public housing system are limited to a single dog that cannot exceed a specific weight, and are required to submit their dogs to surgical sterilization in order to avoid eviction.

The Dog Federation of New York is committed to helping elected officials and public agencies respond appropriately to the concerns we all share: protecting the health and safety of the citizens of New York, and helping New York remain a dog-friendly, dog-safe place to live. Our letter calling on New York City Mayor Michael Bloomberg to use his good offices to bring about a change in NYCHA policy may be read here.

We join the American Kennel Club in opposing NYCHA's pet policy. A copy of the AKC letter to NYCHA is available here.

What you can do:

Advocacy groups for public housing residents such as GOLES are working to organize opposition to NYCHA's pet policy, and they need the help of concerned pet lovers everywhere.

Download and circulate this petition ! Signed petitions should be returned to: GOLES, 169 Avenue B, New York, NY 10009

Write to Mayor Bloomberg ! NYCHA's Board of Directors is appointed by the Mayor.

Snail mail: Mayor Michael R. Bloomberg, City Hall, New York, NY 10007

FAX (212) 312-0700

E-MAIL:http://www.nyc.gov/html/mail/html/mayor.html

Mark your calendars ! The public will have the opportunity to comment on NYCHA policy during a hearing on on June 23. Be there!

Tuesday, June 23, 2009
from 5:30 p.m. to 8:00 p.m. at:
The Manhattan Center
Grand Ballroom
311 West 34th Street
New York, New York

2009-05-04T07:15:00.000-04:00

DOG FEDERATION OF NEW YORK LAUNCHES
DOG BITE PREVENTION PSA RADIO ADS IN HUDSON VALLEY

Local Broadcasters Team Up With Dog Federation Of New York and
Campaign for Responsible Ownership To Help Create Dog-Friendly, Dog-Safe™ Communities

Poughkeepsie, NY – May 4, 2009 – The Dog Federation of New York has launched a new, public service awareness radio campaign to help educate the public about dog safety, prevent dog bites and with the help of local radio broadcasters, create Dog-Friendly, Dog-Safe Communities™ across New York State.

The statewide dog bite prevention project is intended to reduce or prevent the estimated 4.7 million dog bites that occur each year. According to the Centers For Disease Control, most dog bite victims are young children under twelve, and through education most dog bites are highly preventable.

The public service radio campaign kicks off just in time for National Dog Bite Prevention Week, which runs from May 17 to May 23, and will air on local stations across the Hudson Valley region. The PSA radio spots are based on research and recommendations from the Centers For Disease Control and the American Veterinary Medical Association, and communicate simple dog bite prevention tips.

“The spots are easy for parents to remember” says Mahlon Goer of the DFNY, coordinator for the dog safety effort in the Hudson Valley. Please Say Please teaches children to ask permission before petting a dog. Loose Dog, Lost Dog and Be A Tree are spots about staying safe. Listeners learn how to Contain Humanely and equally important in preventing dog bites, Social Animal reminds us that dogs really do need a social life.

Experts Dr. Julie Gilchrist, MD of the Center For Disease Control and Dr. Gail Golab, PhD, DVM of the American Veterinary Medical Association are co-authors of the joint CDC/AVMA report, A Community Approach To Dog Bite Prevention. As the country’s leading authorities on dog bites, they say it’s critical to appropriately choose, train, socialize, and maintain a dog. Furthermore, the experts say it is owner behavior, not the breed of dog or other factors, that is the key to bite prevention.

“We need to make sure that every parent and every child is educated about dog safety – even if they don’t own a dog”, said The Campaign’s founder, Ms. Haywood, “We can prevent dog bites and we can work to eliminate rare but tragic serious attacks. Thanks to the generous and caring support of local broadcasters that air the PSA radio spots and the Dog Federation Of New York, we’re all working together to protect children and create Dog-Friendly, Dog-Safe™ Communities”.

“We are extremely grateful to Franz Kaisik at WDST Radio Woodstock, and Kenya Gipson of Clear Channel of the Hudson Valley for airing the PSA’s, such as Supervise For Safety, Be A Tree and Please Say Please, from the Campaign For Responsible Ownership. We thank them for sharing our commitment to protect our children and the entire community."

2009-03-26T15:01:00.011-04:00

DFNY Speaks Truth to Power

Because it is so important that our elected officials and public servants base public policy decisions on correct information, and input reflecting the values and needs of New York residents and constituents, the Dog Federation of New York is pleased to share a series of "talking point" flyers for concerned dog owners and pet lovers.

We invite you to take these flyers with you when you visit your representatives. Watch this spot for additional flyers on other subjects of concern to caring New York dog owners.

The Truth about. . .

Keep in touch! Join the DFNY elist for further information on these and other issues!

2009-03-05T11:51:00.006-05:00

Dog Federation of New York Sets Record Straight on
New York’s Dog and Animal Fighting Statutes

Group Expresses Concern that Inaccurate Information May Encourage Mistrust and Fear

March 5, 2009 – New York, NY -- Responding to irresponsibly-worded statements circulating on the internet regarding New York’s dog and animal fighting statutes, members of the Dog Federation of New York (DFNY) today provided the facts for worried pet lovers. Contrary to recent media coverage, New York’s anti-dogfighting statutes are among the most comprehensive in the nation.

"Only a person unfamiliar with our laws and how they function would describe them as ‘weak’," commented Mahlon Goer, spokesperson. “Under state law, a number of felony charges are available to prosecutors in dog-fighting cases. Our statutes and penalties are in line with, and in some cases exceed, those of neighboring states.”

“We were disappointed to see poorly-considered and speculative comments circulating on the web. Bad information only deepens misunderstanding, and encourages heightened levels of mistrust and fear of both dogs and dog owners. New Yorkers deserve public policy based on fact, not fear.”

The abhorrent crimes of organized dog and animal-fighting are serious offenses in New York, and DFNY hastened to correct any mistaken impressions that these crimes are common.

The New York-based ASPCA enforces animal cruelty laws, including anti-dogfighting statutes, in the City of New York. The ASPCA cautions that dogfighting exists all over the United States, but that it is not prevalent in New York City.

Information made available by the New York State Department of Criminal Justice indicates that for the last ten years, the number of convictions per year on animal-fighting charges in New York City typically hovers in the very low single digits. For several years out of the last ten, no convictions on animal-fighting charges were recorded for New York City. Statistics for New York State follow a similar pattern.

“Dogfighting is a heinous crime with serious consequences. We want to make sure that New York’s caring dog owners and pet lovers, and our public officials, have the facts before them,” said Ms. Goer. DFNY offers its resources and assistance to the public and community leaders to help educate the public on New York’s dog and animal fighting statutes and related issues. The group’s website offers information on these topics.

About the Dog Federation of New York:

The Dog Federation of New York is a statewide coalition of dog clubs, organizations and individual dog owners that serves the public interest by educating citizens and public officials on dog safety and responsible dog ownership. DFNY advocates for strong, and humane dog-related legislation and is committed to working with municipalities across the state to implement preventative dog safety education.

Read New York State's statutes on animal fighting.

2008-12-24T13:30:00.002-05:00

New Rochelle Dog Owners Successful in Lawsuit Against City
Challenge Secures Reasonable Access to Public Space

Dog Federation Of New York congratulates local residents who challenged policies restricting and penalizing law-abiding citizens

The Dog Federation of New York (DFNY) celebrates news of a final settlement in the lawsuit brought by three New Rochelle dog owners against the City of New Rochelle. The lawsuit centered on whether the City of New Rochelle could require law-abiding dog owners to buy costly special licenses simply to walk a leashed dog in a public park. Long an advocate of reasonable access to public spaces for responsible dog owners, DFNY appeared as amicus curiae in the suit, captioned During et. al v. The City of New Rochelle.

The New Rochelle ordinance required the purchase an expensive special license to walk dogs, leashed or unleashed, in the open public parkland of Ward Acres. Following commencement of the suit, the City of New Rochelle dropped the special licensing requirement and also agreed to substantially reduce fees charged for use of a three acre fenced-in dog park located within Ward Acres. Ward Acres is the only park open to dog walkers in the City of New Rochelle.

“Thanks to the perseverance of dog owners in New Rochelle, walking a dog in Ward Acres Park is no longer subject to special fees and police scrutiny,” commented Dog Federation of New York spokesperson Mahlon Goer. “As law-abiding and caring dog owners, we believe that reasonable access to public space for all members of the community is essential. We are very pleased with the outcome in New Rochelle.”

“Close to half of all households in New York include at least one dog,” Goer continued. “Our goal is to promote dog-friendly and dog-safe communities for all New Yorkers, and we are very happy that a fair accommodation was reached.”

About During et al. v. City of New Rochelle
The case was originally filed on April 16, 2007, as Dennis C. During, Michael S. Friscia and Marci Malone v. The City of New Rochelle in New York Supreme Court, Westchester County, Hon. W. D. Donovan presiding, Index No. 6561/07. The law firm of Paul, Weiss, Rifkind, Wharton & Garrison LLP in New York City represented the Dog Federation of New York as amicus curiae on a pro bono basis.

Press contacts: Patricia B. Wild, Attorney for Plaintiffs (914) 834-3969
Jeffrey P. Wiegand, Press Contact (914) 374-8320
To learn more about Ward Acres, the Westchester dog-owning community, visit We Love Ward Acres.

About the Dog Federation of New York
The Dog Federation of New York is a statewide coalition of dog clubs, organizations and individual dog owners that serves the public interest by educating citizens and public officials on dog safety and responsible dog ownership. DFNY advocates for strong, and humane dog-related legislation and is committed to working with municipalities across the state.

2008-10-15T15:03:00.005-04:00

Westchester Dog Owners Win Appeals Court Decision

Dog Federation Of New York celebrates decision allowing challenge to
unlawful, discriminatory public policies targeting law-abiding dog owners

New York, NY – October 15, 2008 - The Dog Federation of New York (DFNY), appearing as amicus curiae in the case of During et. al v. The City of New Rochelle, applauds a decision from the New York Supreme Court Appellate Division, Second Department, reversing a lower court dismissal of the case. During oral argument on September 15, the Presiding Judge advised the City of New Rochelle to try to settle with local dog owners. The case is remitted to the Supreme Court, Westchester County for further proceedings.

The New Rochelle dog owners seek nullification of the city’s unprecedented, illegal, and punitive local ordinance, which unfairly requires them to obtain extra photo identifications and licenses, and pay special additional fees, simply to walk a dog in a public park. Dog walkers with leashed dogs in Ward Acres Park in New Rochelle are subject to a disturbing stop-and-search policy in which police officers are instructed to stop people walking their dogs and demand to see a special “Ward Acres Dog Permit” photo identification. Persons unable to produce the special licenses are asked to leave the park and, under the terms of the Ordinance, they are potentially subject to fines and/or imprisonment.

"As a statewide coalition of law-abiding dog owners, we are deeply concerned when a municipality illegally targets residents and tax-payers whose only ‘crime’ is walking a dog in a public place," stated DFNY spokesperson Mahlon Goer. “New Rochelle residents and non-residents alike are not second class citizens, and state law protects them from unwarranted searches, special license requirements, extra taxes, and other infringements of their civil liberties.”

"Ward Acres was the last park in New Rochelle open to people who want to walk their dogs, and now the City Council seems bent on forcing them out of it. Close to half of all households in New York include at least one dog, and we were surprised and dismayed to see that a better accommodation could not be worked out,” Goer continued. “Our goal is to promote dog-friendly and dog-safe communities for all New Yorkers. We are confident that better solutions are available.”

Paul, Weiss, Rifkind, Wharton & Garrison LLP in New York City represented the Dog Federation of New York in the appeal. The case was originally filed on April 16, 2007, as Dennis C. During, Michael S. Friscia and Marci Malone v. The City of New Rochelle in New York Supreme Court, Westchester County, Hon. W. D. Donovan presiding, Index No. 6561/07.

For further information on the amicus brief, please contact the Dog Federation of New York. A copy of the appeals court decision is available via this link.

To learn more about Ward Acres, the Westchester dog-owning community, visit www.WeLoveWardAcres.net.

About the Dog Federation of New York:
The Dog Federation of New York is a statewide coalition of dog clubs, organizations and individual dog owners that serves the public interest by educating citizens and public officials on dog safety and responsible dog ownership. DFNY advocates for strong, and humane dog-related legislation and is committed to working with municipalities across the state.
Visit us on the web at www.DogFederationofNewYork.org

###

2008-08-21T19:25:00.002-04:00

Dog Federation of New York Expresses Sorrow at Death of Staten Island Dog Attack Victim, Urges Full Investigation of Previous Complaints

Group Stresses Prevention of Tragedies Through Enforcement of Laws Requiring Humane Containment of Dogs

August 21, 2008 – New York, NY: The Dog Federation of New York (DFNY) today issued a statement expressing deepest condolences to the family of Mr. Henry Piotrowski upon news of his death following a dog attack on Staten Island earlier this summer.

“Sadly, Mr. Piotrowski’s death could have been prevented” said Mahlon Goer of the DFNY. “According to neighbors, city authorities were alerted eight or nine times regarding those dogs. That is eight or nine missed opportunities to prevent Mr. Piotrowski’s death. We question why the city failed to respond to complaints of loose and threatening dogs and reiterate our call for a full and complete investigation.”

Ms. Goer continued, “It is critical that we educate our entire community, especially our children and the elderly, about safety around dogs and the importance of responsible, humane restraint and containment.” Mr. Piotrowski was 90 years old when he died.

DFNY offers its resources, free of charge, to the family, the public, and city leaders. To help educate the public about dog bite prevention, the Dog Federation of New York reaches out to local community leaders with preventative safety and educational programs centered on material published by the Centers for Disease Control and the American Veterinary Medicine Association.

According to the Centers for Disease Control (CDC), almost all dog bites are preventable and fatalities are exceedingly rare. Neither the breed of dog, nor the method of restraint, are reliable indicators of the likelihood of dog bites. The Centers for Disease Control warns that dog bite-related fatalities are very unusual occurrences and that such tragedies should not be used to formulate public safety policies.

“It is our goal to educate every New Yorker about dog bite prevention and keeping our communities safe,” said Ms. Goer. To help get the message to the community, DFNY offers free Public Service Announcements (PSA’s) on dog bite prevention from the Campaign for Responsible Ownership. The PSA’s are based on research and recommendations from both the Centers for Disease Control and the American Veterinary Medical Association.

2008-07-10T17:27:00.000-04:00

Peter Vallone, Jr. Joins Animal Rights Extremists In Plan To Ban Dog Breeds And Humane Restraint

Dog Federation Of New York rejects NYC Councilman Peter Vallone Jr.’s plan based on animal extremism and discriminatory profiling of dogs and their owners

New York, NY – July 10, 2008 - The Dog Federation of New York (DFNY) is calling on dog owners throughout New York State to reject New York City Councilman Peter Vallone Jr.’s plans to work with animal rights extremists at PETA to ban certain breeds of dogs and enact anti-tethering laws which ban the humane restraint of dogs and endanger the community.

According to the New York Sun, Peter Vallone, Jr. is welcoming support by PETA to help push his plan foward. PETA, an animal rights extremist organization, is known for calling mothers who give their children milk or meat “abusive” or “murderers”, equating pet ownership to slavery, and providing support to domestic terrorists Rodney Coronado and ALF, the Animal Liberation Front.

In addition, PETA angered many of the state's animal welfare advocates by calling for the euthanasia of all “pitbulls” in shelters. According to the Virginia Department of Agriculture and Consumer Services, PETA killed over 97% of animals in their care in 2006. . "We are deeply concerned about Councilman Vallone's motives and his grasp of the facts. His association with PETA is troubling," stated DFNY spokesperson Mahlon Goer.

“Councilman Vallone’s focus should be on increasing the health and safety of the community in accordance with the fact-based guidelines set forth by Centers For Disease Control and the American Veterinary Medical Association.”

Earlier this month, a dog attack on Staten Island involved unrestrained, loose dogs which were reportedly allowed to roam free on numerous occasions despite repeated complaints to authorities from the community. The DFNY immediately called for a full investigation as to why police and animal control failed to respond to numerous calls made by concerned neighbors about loose and roaming dogs.

Following this incident, Vallone announced his plan to ask the New York State Legislature to overturn the long-standing New York State law that protects dogs from breed discrimination, and to restrict the ability of caring dog owners to safely and humanely restrain their pets.

“Sadly, Mr. Vallone is choosing to exploit this tragic situation to grab headlines with inflammatory statements and false or misleading information”. If the dogs had been securely and humanely restrained, the attack may have been prevented. Proper tethering is a responsible and humane form of restraint which safeguards both the community and the dog.”

Ms. Goer further stated, “It is imperative that we protect our children and communities with laws based on facts, not fear. Councilman Vallone consistently has used misinformation as a calculated means to heighten public fears and misunderstanding, along with employing provocative language and negative stereotypes."

“Anti-tethering laws also unfairly target the poor, and may disproportionately affect African-American and Hispanic dog owners living in urban or rural areas. We are worried about his agenda,” said Goer. “Race may be a factor”.

Councilman Vallone’s proposal to discriminate against good dogs and caring dog owners with a breed ban and anti-tethering law was thoroughly rejected by New York’s concerned pet owners and animal groups last year.

Despite claims floating on the Internet that tethering dogs increases aggression, the claims have no basis in fact. Goer cited the expert testimony of Dr. Katherine Houpt of Cornell University’s College of Veterinary Medicine Department of Biomedical Sciences, the country’s leading expert on the issue of tethering. Dr. Houpt, who has studied the issue for years, found that tethering does not increase aggression in dogs.

Furthermore, neither the U. S. government's Centers for Disease Control (CDC), nor the American Veterinary Medicine Association (AVMA) condones anti-tethering laws. Spokespeople for both organizations indicate that there is no scientific evidence to support such efforts.

Goer continued, "Both of Councilman Vallone’s proposals are based on bad information. Since he couldn’t ban breeds, now he wants a tethering law. Vallone’s lack of concern for good dogs and good owners, and his obvious profiling tactics, reflect poorly on him. They are an embarrassment for the New York City Council, and all New York dog lovers."

“We want to make sure that New York remains the most dog-friendly place in the world”, said Ms. Goer. “Discrimination, whether against dogs or their owners, is just not acceptable”.

2008-07-02T15:18:00.000-04:00

DFNY Sends Sympathies to Staten Island Dog Attack Victim,
Urges Full Investigation of Previous Complaints

Group Aims to Prevent Future Tragedies Through Enforcement
of Laws Requiring Humane Containment of Dogs

July 2, 2008 – New York, NY -- In response to news of a dog attack resulting in serious injuries in Staten Island, New York, members of the Dog Federation of New York (DFNY) today issued a statement of sympathy and support for Henry Piotrowski and his family. Mr. Piotrowski was gravely injured by two dogs that entered his yard. Press reports indicate that residents had complained repeatedly about the dogs, which have since been euthanized.

"Our hearts go out to Mr. Piotrowski, his family and his friends," commented Mahlon Goer, spokesperson. “While the exact events leading to the attack are still unknown, it appears that the dogs were allowed to roam and menace members of the community on previous occasions, and that authorities were alerted repeatedly. We are calling for a full investigation into the circumstances which led to this tragedy.”

According to the Centers for Disease Control, almost all dog bites are preventable. Neither the breed of dog, nor the method of restraint are reliable indicators of the likelihood of dog bites.

“We want to make sure we educate the entire community to prevent future tragedies such as this,” said Ms. Goer. DFNY is offering its resources and assistance to the family, the public, and community leaders. To help educate the public about dog bite prevention, the Dog Federation of New York is reaching out to local community leaders with preventative safety and educational programs centered on material published by the Centers for Disease Control.

To help get the message to the community, DFNY will partner with local radio stations in the metro New York area to run dog safety public service announcements from the Campaign For Responsible Ownership. They are based on research and recommendations from both the Centers for Disease Control and the American Veterinary Medical Association.

2008-06-16T15:10:00.000-04:00

Legislative Proposals Will Drive Home and Hobby Breeders Out of New York
Force owners to surgically sterilize puppies

An open letter to New York State legislators:

The Dog Federation of New York is a coalition of individual dog owners and dog-related organizations committed to responsible ownership. Our membership spans the State of New York and includes dog and pet related clubs, organizations and individuals. We share a commitment to strong and humane animal welfare laws.

We write to emphatically oppose A 11509 and S 8546, bills regarding "pet dealers" which dramatically change the definition and regulation of dog (and cat) breeders in New York. If enacted, we believe that the regulations, restrictions and requirements placed on dog breeders will shut down all but the very largest commercial facilities, thereby depriving New Yorkers of access to locally bred, locally raised dogs and puppies. In addition to depriving thousands of New Yorkers of their hobbies, the proposal would make us all dependent on dogs and puppies imported from great distances when we look for pets and working companions.

Clearly, this is not a step in right direction – not for pets, not for the people who love them. We urge our elected representatives to oppose A11509 and S8546. They will work to the detriment of animal welfare in New York State.

The Dog Federation of New York is committed to helping New York ‘s elected officials respond appropriately to the concerns we all share: protecting the health and safety of the citizens of New York, promoting strong and humane animal welfare laws, and helping New York remain a dog-friendly, dog-safe place to live. We would be pleased to work with you to accomplish these goals.