Saturday, January 20, 2007

This Post's for Bodhi: SB 861, More Nanny State Travesty

Following is a MySpace bulletin received from my daughter Melody. Mel's dog Bodhi was the gentlest, friendliest pup I ever encountered. He converted me from being a pit bull hater to a friend of the breed. He was part boxer, part chow, and part pit
bull, if my memory is correct. All are "fighting breeds", but Bodhi put the lie to the myth of the visious *Pit Bull*. Just as with humans, it's the love and affection, or training and abuse that the child or the dog receives that creates either a loyal friend or a monster.

As this campaign suggests, "Ban the deed, not the breed."

Bodhi is most commonly translated into English as enlightenment. In Bodhi's case, Mel once explained it meant "less than fully enlightened."

Mel lost Bodhi when he was hit by a car in Tucson, September 29, 2006. I would never have expected the sorrow we all felt with his passing. It was like losing a member of the family.

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Date: Jan 18, 2007 8:20 PM
Subject Please Read. This is awful.
Body:

Against it.

If any of you out there are my friends, I ask you out of the kindness of my heart to repost this. If you're not my friend, I ask you search for the source compassion in your soul and repost this anyway. More importantly, if you're in a position to, DO something about it.



This is about California legislation being passed to exterminate pit bulls. If it passes in California, it could be on it's way to anywhere. Someone has to try to make a difference...what if it were your pet?



It would be great if Myspace could be used for something good other than getting dates. Please pass the word along and post this...so as many people can see this as possible.
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This has to be stopped. We need to save these dogs.


Please repost this to your bulletins.

*****End of Melody's MySpace bulletin*****
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Bodhi and Melody*



*Until recently Melody ran a snowcat for three winter seasons on the grooming crew at Heavenly Valley, Lake Tahoe, and operated backhoes and water trucks during the off season. She's now in Portland.

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Update 1-21-07, 12:30 AM:

Overcome by events:

It appears the bulletin Melody received and forwarded via MySpace is out of date.
Despite vehement protestation from animal advocates worldwide, SB 861 was signed into law on October 7, 2005. Thus, BSL (Breed Specific Legislation) has invaded California.

An initiative effort in California was mounted but failed in 2006.
A swift response followed. A January 2006 referendum effort failed to acquire enough signatures. Immediately after that two lawsuits were filed to defeat the legislation. Both are now pending. The first was brought in a federal court in San Francisco by The Chako Rescue Association of the Pit Bull Terrier. The second was filed in Sacramento by the American Canine Foundation (who will also intervene in the San Francisco case.) Unfortunately, the two sides appear to be completely at irreconcilable odds and at loggerheads. The former group favors a $1,000 breeder's permit fee. The later entity wants to protect rights of breeders.

But all may not be lost. It appears reason still prevails in more enlightened communities, even in California.
Good news perhaps for all came down on March 3, 2006. The Ohio Supreme court ruled in a Toledo case that local and state breed-specific "vicious" dog laws are unconstitutional.

There have been other successes combating BSL across the country:

Zuniga v. San Mateo Dept. of Health Services (1990) 218 Cal. App. 3d 1521, 267 Cal. Rptr. 2d 755. The court found there was not sufficient evidence to prove Pit Bulls have an inherent nature of being dangerous.

Carter v. Metro North Assocs. (1998) 255 A.D. 2d 251; 680 N.Y.S.2d 299 A New York appellate court determined that the alleged propensities of Pit Bull Terriers to behave more viciously than other breeds had not been authoritatively established.

Huntsville v. Four Pit Bull Puppies (Ala. 08-30-02), No.1010459, unreported. ACF sued the city of Huntsville Alabama in 2002 in a case that was heard by the Alabama Supreme Court. The court determined that American Pit Bull Terriers were not dangerous.

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The anti-BSL movement is supported by a broad based collection of rational organizations who realize this legislation is faulty for a number of reasons. It penalizes responsible dog owners, does not ultimately stop the malicious breeding and training of problem dogs, is difficult to implement with any element of fairness due to the difficulty of identifying breeds by enforcement personnel, and fails to recognize that it's not the breed, but the conditioning of the pet, that's the root problem. The irresponsible or malicious owners are the group to target...not the breeds.

The American Kennel Club, the California Veterinary Medical Association, the Sacramento Council of Dog Clubs, The Animal Council, and a host of other animal organizations strongly oppose(d) SB 861.
...
Breed-specific legislation is opposed by the AKC, the American Veterinary Medical Association, the National Animal Control Association, the ASPCA, and a host of national animal welfare organizations that have studied the issue and recognize that targeting breeds simply does not work.


BTW: PETA supported SB 861.

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Molon Labe

2 comments:

Genievre_Aurora said...

Random,

That's not Bodhi. It's Amy's perro, Spike. That's not my couch either, btw. This photo was taken in California.

Respectfully,
Juniper

linearthinker said...

My appreciation to Juniper and Genievre for correcting me. I'll have to take the heat, again, and again, it's in part due to stripping something from MySpace without verification. Truth is I seldom saw Melody with Spike, and saw precious little of Bohdi, and so jumped to a hasty conclusion that the picture on Mel's MySpace place was her and Bohdi. I even paused when I first saw it, thinking, "Gosh, somehow that dog doesn't seem to have a head as big as Bohdi's..., must be him though..."

And, did I say anything about anybody's couch? Touchy are we?

What's a perro?

Sentiments expressed are genuine.

LT