Groundbreaking Court Ruling Takes Dogs Beyond “Property” Status; Major Pet Industry Groups Not Happy

A Texas appeals court ruling has given dogs increased status over other forms of property. The dog in this photo may actually be worth more than the table he is sitting on now. (Photo from the Flickr photostream of geevee41)

A Texas appellate court has made the bold move of effectively taking dogs out of the “property” category and giving them increased legal status. It provides an updated reinterpretation of the law, which traditionally views pets as worth only their market value — like a table or a car.

The Second Court of Appeals in Fort Worth overturned a lower court’s ruling that a couple whose dog was wrongfully euthanized was entitled to damages for only the dog’s monetary worth. The new ruling allows for a dog’s true worth to be considered.

“Dogs are unconditionally devoted to their owners. Today, we interpret timeworn supreme court law in light of subsequent court law to acknowledge that the special value of ‘man’s best friend’ should be protected,” the Court’s opinion stated.

With the ruling, the owners of the dog, Avery, could be entitled to damages for “sentimental” or “intrinsic” value. Avery escaped from his yard and was brought to an animal shelter. They went to claim him, but didn’t have enough money, so they made arrangements to return when they had it. Despite a “hold for owner” tag on Avery’s cage, a shelter employee euthanized him days before his number was up. When the couple came back to pay for Avery’s fee, they got the terrible news.

Ironically, in some instances dogs have not been given the same value even as some forms of property. If someone destroys family heirlooms that are of great sentimental value, even though the heirlooms may be nearly financially worthless, damages can be awarded because of their sentimental value. The new court ruling, for which the appellate justices cited a 120-year-old Texas Supreme Court decision as precedent, gives pets at least the same value as other items that are of negligible monetary value but great intrinsic worth.

“Because of the special position pets hold in the family, we see no reason why existing law should not be interpreted to allow recovery in the loss of a pet at least to the same extent as other personal property,” Justice Lee Gabriel wrote.

The shelter worker who ended Avery’s life will appeal the decision. She will be in some pretty powerful company. Surprisingly — at least at first glance — some of the top pet-industry organizations in the nation are adamantly opposed to the court’s decision. The American Veterinary Medical Association (whose well-done newsletter article is the main source for my post), American Kennel Club, the Cat Fanciers’ Association, Animal Health Institute, American Pet Products Association, and Pet Industry Joint Advisory Council are among those who filed briefs asking the justices to reconsider.

These groups say they fear that the liability from “pain and suffering” claims would cause pet service fees to have to increase greatly and make veterinary care unaffordable for many people with pets.

“If this becomes the law of the land, it will lead to higher costs to own a pet, disproportionally hurting middle-class and low-income pet owners. Who will pay for those higher damage awards? The rest of us pet owners, of course,” said Adrian Hochstadt, AVMA assistant director of state legislative and regulatory affairs. “The obvious consequences will include fewer people being able to own pets and, unfortunately, more animal abandonment.”

Opponents say the verdict “isolates the Second Court of Texas in American jurisprudence and … violated Texas Supreme Court law.” Legal experts say the case will likely end up in Texas Supreme Court. It will be interesting to watch this unfold. I f the Supreme Court upholds the appeals court’s decision, what will the implications be across the nation and across animal law? Could it be the start of a sea change as to how dogs are considered and treated? Could it lead to stiffer punishments of those who abuse animals?

I was initially disillusioned when I learned that such major pet industry organizations were opposed to what seemed like something they’d support: that the value of a pet goes beyond its market worth. But they see this as opening the doors to all kinds of pricey lawsuits, so I guess I should not be surprised that they’ve come out swinging. I’m very interested in your thoughts on this, Dogsters. Also, if there are any legal experts out there who can weigh in, or who can offer some perspective on the case, I’d love to hear from you.

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Play Santa Claus to Canine Heroes this Memorial Day (and Beyond)

Stubby, World War I hero. His owner smuggled him across the ocean and onto the battlefield. There this untrained fellow saved lives numerous times and had an extraordinary effect on morale.

Four-legged US military heroes have been saving lives even before they were even an official part of the military in World War II. They’ve been used for  protection and sentry duty – alerting soldiers to dangers well before they could sense it themselves. They’ve been trackers, messengers, sled ambulance pullers, and first-aid deliverers. As scouts, they’ve excelled at sniffing the air and alerting their handlers to snipers and other hidden enemies.

These days sniffing out explosives is a key military dog job. Trained dogs can detect up to 19,000 combinations of deadly chemicals. No mechanical sensor can even come close. General David Petraeus, the top American military commander behind the Iraq troop surge and head of U.S. forces in Afghanistan for the past year, has praised their service: “The capability they bring to the fight cannot be replicated by man or machine.”

What makes these soldier dogs strive to be all that they can be? In many ways, they’re motivated by what motivates dogs everywhere: a desire to please, a pat on the head, and being told “good boy!” To Cairo, the dog who helped apprehend Osama bin Laden earlier this month — and in fact to every military working dog (MWD) — that approval is pure gold.

Ron Aiello and his scout dog, Stormy, in Vietnam. They never received a care package from a stranger, but he and his organization are trying to make sure that doesn't happen to deployed MWD teams today.

“Military working dogs live for love and praise from their handlers,” Ron Aiello, President of the US War Dogs Association and a former Marine Scout dog handler during the Vietnam War, told Dogster. “The work is all a big game, and then they get that pet, that praise. They would do anything for their handlers. And their handlers would do anything for them.”

There is no official medal honoring canine war heroes. The Pentagon says medals are only for humans, although those lobbying for dogs to be medal recipients would be very happy with a special medal just for canines. The US War Dogs Association has stepped up to the plate and made unofficial medals honoring deserving war dogs, but Aiello says it’s important for the government to officially recognize these dogs. (Dogs have been given medals, but they have usually been rescinded because of the no-medals-for-dogs policy.) You can find out more info about lobbying for an official canine medal on the War Dogs website.

Of course, such a medal would be more for the handlers’ morale and for the good of MWDs in general. MWDs, as with most dogs, would much prefer chewing on a satisfying toy.

Brenda, who served most of her life in the 341st Security Forces Squadron

Which brings me to the reason for this article. If you have a few spare dollars and want to put the wag in an MWD’s tail and make his or her handler happy, consider making a donation to the US War Dogs Association. You’ll be helping to provide cherished care packages the organization sends out to deployed handlers.

These care packages mean the world to handlers overseas. Often it’s not so much what’s in them: “The boxes could be almost empty,” Aiello told Dogster. “It’s the fact that a stranger cares enough and recognizes them and wants to send them something.”

Aiello knows this first hand. When he was in Vietnam, there were 42 people in his unit. Thirty of them were dog handlers. “We never saw a care package from a stranger,” he says. “I decided I‘m not going to let that happen to these dog teams now.” Thus the canine care package was born.

Aiello’s group fields requests for anything from cooling vests for dogs working in the heat (USDWA recently ordered 48 to the tune of $130 each), to doggy ear muffs that protect sensitive ears in aircraft, to dog boots that keep paws from being singed on the scorching ground. Handlers sometimes request basic gear, like dog harnesses, because it can take the US War Dogs Association much less time to get items to soldiers than it takes the military, says Aiello.

USWDA volunteers putting together care packages

Even if a handler doesn’t make a request, the association will do its best to send a basic care package that includes toothpaste and toothbrush for both handler and dog, eye and ear wash for the dog, deodorant and shaving cream for the handler, beef jerky for the handler, treats and toys for dogs, checkers and other games for handlers, dog boots, a cooling vest, or cooling scarf for handler.

Aiello estimates his nonprofit group spends about $80,000 per year on care package items and shipping to deployed soldiers and their four-legged partners. To keep up this level of assistance, donations of any size are welcome. If you have a few extra dollars and want to help make life a little better for a deployed soldier and dog, you can make a donation on the US War Dogs Association website.

Hooah!

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Beyond Puppy Love: Man “Marries” Dog

Yes, he kissed the bride...

An Australian man who is smitten with his dog staged a marriage with her in front of 30 friends and relatives, and sealed the deal with a kiss. The Daily Mail reports that Joseph Guiso, 20, married Honey, his yellow Lab of 5 years, because “he said he could no longer stand the guilt of living with the canine cutie out of wedlock.” The Mail reports that Guiso is a self-described “religious guy,” and that he said their relationship is strictly platonic.

During the ceremony, Honey wore a white cape, and Guiso held her paw while saying his vows. “You’re my best friend and you make every part of my day better,” Guiso said as he read his vows.

Saying vows

It's nice that some brides don't mind looking as though their wedding dress is a glorified bed sheet.

The two have been getting a good deal of publicity since their nuptials. Guiso, an education student, says he is happy to be half of  “Australia’s hottest new couple.” But he does have some new concerns about his future. “Although I’m wondering if all the attention might make it a bit hard to get a job as a school teacher after I finish at university,” he told The Chronicle.

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