Giving teeth to animal abuse laws
Friday, August 17, 2007
We're glad to see the case of China the dog getting much-needed attention from people who can change the law to help prevent similar or worse abuse from happening to other pets.
For those who may not know, China, a white shepherd mixed breed, took center stage in the news recently when Butler County Area I Court Judge Rob Lyons ordered the dog returned to her owner, Otis Clark Jr., who had pleaded no contest to charges of animal cruelty. Clark had kept China tied outside for so long that her tethering chain became deeply and painfully embedded in her neck and had to be removed surgically.
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Lyons fined Clark $1,000 and ordered him to repay $1,500 to the Animal Friends Humane Association for the cost of China's surgery and other expenses. But he allowed Clark to keep the dog.
While many of us are outraged over the judge's decision, as evidenced by Thursday's rally in Oxford, to return the dog to a man whose neglect caused her so much pain, the case has had at least one good outcome: area lawmakers are working on a bill that will give sharper teeth to Ohio's animal abuse laws.
Butler County Auditor Kay Rogers, whose office is responsible for licensing dogs, and state Rep. Shawn Webster, R-Hanover Twp., who also is a veterinarian, want to amend a bill sponsored by Rep. John White, R-Kettering. White's bill was designed as a result of dog-fight problems in Mongomery County and would require a hearing within 21 days in animal cruelty cases.
If amended, the bill would forbid the courts from returning pets to owners who are convicted of abusing their animals. The object is to remove the animal permanently from anyone convicted of extreme animal cruelty, "extreme" meaning any injury that results from intentional or unintentional acts of the owner. Webster said he may modify the language because "unintentional" includes too many acts that would place otherwise responsible pet owners in jeopardy of punishment. For example, if a pet runs away and is injured, or worse, killed, should the owner be held responsible for that injury or death?
The reasons for the bill's provisions are obvious: Hearing the case as quickly as possible prevents the animal from spending useless months in the confines of a shelter, waiting for the case to be decided, when it could be living with a new family or individual who will cherish the pet; and removing the animal permanently from the custody of the abuser prevents further abuse and sends the appropriate message — we will not tolerate behavior that harms helpless animals.
We strongly support this bill. And while we are not in favor of Columbus micromanaging local matters, Judge Lyons has proved, to nearly everyone's shock, that some oversight of the court is necessary in animal abuse cases. We urge state lawmakers to make passage of this bill a priority.



