Good Intentions Go Astray

Bill S.767 has been introduced in the Massachusetts Legislature. Entitled "An Act relative to a private cause of action to prevent the cruel and inhumane treatment of animals," the bill seeks to confer "standing to sue" on citizens of the Commonwealth, allowing them to invoke the judicial system on behalf of animals--a worthy proposal, but put forth in a wholly inept form.

Referred to the Legislature's Joint Committee on the Judiciary, the bill provides as follows:

SECTION 1. Chapter 243 of the General Laws, as appearing in the 2010 Official Edition is amended by inserting after section 6 the following new section:

Section 7. A party of interest may bring an action under this chapter for the protection and humane treatment of animals. It shall be proper in any action to combine causes of action against one or more defendants for the protection of one or more animals. A party in interest as plaintiff shall include any person even if the person does not have any legal interest or possessory rights in an animal. Such person has standing to bring an action under this section based on the public policy against animal mistreatment. The action may be commenced against any individual, guardian or any entity that has possession of an animal and has engaged in or defendant shall include any guardian who has or is engaging in cruel or inhumane treatment of an animal or animals.

To make the proposed statute more intelligible to laypersons, we're going to rearrange it.

Who can sue? A party in interest as plaintiff shall include any person . . . . In other words, anyone. Presumably, infants to the aged, whether citizens or residents of Massachusetts or not.

Must they have a personal interest in a specific animal or animals? . . . even if the person does not have any legal interest or possessory rights in an animal. No interest of any kind whatsoever is necessary in order to invoke the judicial power of the Commonwealth of Massachusetts.

Why are they authorized to sue? Because Massachusetts has a "public policy against animal mistreatment." In other words, because the Commonwealth has laws against animal cruelty, anyone, even persons with no connection to any specific animal or animals, can bring someone to court.

Who would be the defendant or defendants? Well, this crucial sentence of the bill is unintelligible: "any individual, guardian or any entity that has possession of an animal and has engaged in or defendant shall include any guardian. . . ." Yes, that's what it says.

Engaged in what? "cruel or inhumane treatment of an animal or animals." While on its face the bill is meaningless because "cruel or inhumane" is not defined, it probably refers to conduct prohibited under other Massachusetts' statutes. Maybe.

We could say more about the bill--how its vagueness probably renders it unconstitutional, how as a practical matter it would be unmanageable, how it fails to differentiate between civil and criminal lawsuits, how damages are to be assessed, and more--but to ISAR, which has said quite a lot about the subject of standing to sue (See Animals and "Standing to Sue", Litigation) it is sufficient to observe that yet again legislators sympathetic to animals have made a colossal mistake, revealing once more good intentions gone astray.

Bill S.767 188th (Current)

By Mr. Montigny, a petition (accompanied by bill, Senate, No. 767) of Mark C. Montigny and Benjamin Swan for legislation to prevent the cruel and inhumane treatment of animals. The Judiciary.

Sponsors: Mark C. Montigny

Status: Referred to Joint Committee on the Judiciary

• Current Bill Text
• Bill History
• Miscellaneous

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"Cruel and inhumane treatment of an animal or animals" shall include a violation of chapter 272, sections 77 to 80G or any circumstance in which the life, health or safety of the animal is at risk. 

ISAR's Model Spay/Neuter Tax Deduction Statute

HOW YOU CAN HELP ANIMALS!

ISAR's MODEL SPAY/NEUTER TAX DEDUCTION STATUTE

Most knowledgeable people understand that the American system of income taxation, both federal and state, is only secondarily concerned with raising revenue. Compared to all revenue raised by taxation, income taxes account for only a small percentage. Indeed estimates are that in 2003 roughly 40% of Americans pay no income tax at all. The fundamental purpose of income taxes is to stimulate certain activities (and discourage others).

For example, the federal tax code long encouraged oil and gas exploration through depletion allowances. Business is helped through write-offs for equipment purchase and depreciation; even by the deductibility of many entertainment expenses. Charitable giving--contributions to ISAR, for example--is fostered by tax deductibility. Home ownership is assisted greatly by deductions for real estate taxes and mortgage interest. Other activities, not favored by the government, are discouraged through taxation. Gambling losses, for example, are not tax deductible. Taxes on tobacco are high. In other words, much of the federal tax code is driven by social policy.

In the states, the same is true. Tax codes encourage and reward certain activities with tax breaks, and discourage and penalize others with higher tax rates and non-deductibility.

As ISAR's supporters know, as part of our legal and humane education programs, for decades we have promoted the important social policy of spay/neuter as a powerful weapon in the problem of dog and cat overpopulation.

ISAR can promote that important social policy of reducing dog and cat overpopulation by enlisting in our cause every American who files a federal and/or state income tax return.

The taxpayers will benefit themselves, their intact dogs and cats, and strike an important blow for spay/neuter and against dog and cat overpopulation.

How? Like most important ideas, ISAR's is simple......

Congress and/or the state legislatures should allow a tax deduction for the spaying/neutering of taxpayers' pet dogs and cats.

Granted, obtaining such legislation from the federal House Ways and Means Committee, which writes national tax laws, or the IRS, which regulates the taxation of income, might be problematic. But not impossible.

On the other hand the situation at the state level is much different. There, legislators are much closer, and typically respond more readily, to their constituents--as many animal rights activists already know from their efforts to obtain the enactment of other pro-animal legislation.

ISAR's proposed legislation is a win-win proposition; there's something in it for everyone.

First, countless animals would be spayed and neutered who would otherwise might not be, and countless unwanted births would be avoided.

Although there would be a minuscule drop in tax revenues, there would be a concomitant savings of considerable taxpayer dollars that are now spent on catching, briefly maintaining, killing, and disposing of millions of unwanted dogs and cats.

Fewer unwanted dogs and cats and dogs means more time available to shelters and humane societies for more productive work, e.g.: cruelty investigations, public education, adoption programs.

The modest tax relief which, though not large, would probably reduce or even eliminate the charge for spaying/neutering. This, in turn, would create more paying business for veterinarians, who could then, it is hoped, afford to provide more pro bono or low-cost spay/neuter services to the truly needy custodians of dogs and cats.

An indirect, but nonetheless important, benefit of reducing the number of unwanted cats and dogs are the public health and policy aspects, e.g.: at minimum, reduction of the overpopulation problem, with the attendant consequences.

ISAR is making this project--obtaining tax relief for persons who spay/neuter their dogs and cats--a priority.

Immediately below is the outline of an off-the-shelf bill that can be used for introduction into any state legislature and/or Congress.

As a 501(c)(3) organization, ISAR's ability to lobby for the introduction and enactment of legislation is limited. We need volunteers to carry the ball for us, and for the animals.

ISAR's proposal for a spay/neuter tax deduction is so simple, and could make such an impact on the overpopulation problem, that there should be no lack of animal advocates who are willing to find a sympathetic legislator willing to carry ISAR's proposed statute, or something similar, in his or her legislative body or administrative agency.

Often, there is an idea whose time has come. We believe that for this idea--ISAR's "Model Spay/Neuter Tax Deduction Statute"--the time has surely come.

But we cannot do this alone. Please help.

"Model Spay/Neuter Tax Deduction Statute"

1. Allowance of deduction.

Subject to the limitations provided in paragraph 2 hereof, there shall be allowed as a one-time deduction against adjusted gross income amounts paid by the taxpayer for the spaying and neutering of each dog and cat which is maintained as a pet in the taxpayer's household.

2. Limitations. 

a.) The deduction herein provided shall be allowable only as to sums which have actually been expended.

b.) The spay or neuter surgical procedure shall have been performed by a duly licensed veterinarian on a live dog or cat.

c.) The amount of deduction for each cat or dog which shall have been spayed or neutered may not exceed the reasonable cost of the spay and neuter procedure in the geographical location where the surgery was performed.

d.) The deduction herein provided shall be limited to no more than three companion animals (i.e. dogs and cats) per household in any taxable year.

International Homeless Animals' Day Impact: Florida, Mexico, Panama

As ISAR's friends and supporters know, for the past 22 years ISAR has been organizing and facilitating INTERNATIONAL HOMELESS ANIMALS' DAY. Over the years, uncountable individuals and organizations have participated in spreading the spay/neuter message throughout the United States and, in recent years, to other countries around the world. For example, in 2013 dedicated animal protection groups and concerned individuals in Belgium, Belize, Bermuda, Bolivia, Canada, Colombia, Ecuador, Fiji, France, Honduras, Hungary, India, Kuwait, Malaysia, Mexico, Nicaragua, Pakistan, Panama, Philippines, Singapore, South Africa, Switzerland, Tanzania, Thailand, and Venezuela joined forces with ISAR in the United States to shed light on the pet overpopulation epidemic.

Following each year's observances we have sought and received feedback about how successful they were--and we continue to want that information, including photos when possible.

Now we are asking something more: We want to know the impact on your communities that International Homeless Animals' Day may have had. It is well and good for International Homeless Animals' Day to be observed throughout the world, but the impact of those observances needs to be known--both as recognition of the organizers of those events, and as a spur to convince others that positive results for animals can be achieved by observance of International Homeless Animals' Day.

From time to time we've published accounts from ISAR/IHAD supporters reporting on their events. What we haven't done, until now, is publish not only information about their events but reveal the impact of International Homeless Animals Day in their communities.

Here are three impact statements, in the authors' own words:

Florida. 2013

Our walk & vigil was very successful this year. The mayor of Fernandina Beach attended this year! She truly is an animal advocate; while she was reading the proclamation to a packed council meeting she started to break up and then when she attended our vigil and we were reading the prayers and readings you sent us, she said to me afterwards "every time we meet, I am shedding tears"! I really think our vigil had an impact on her.... Thank you for being there for us and being the voice of those who cannot speak! Cats Angels, Inc. SPCA is so proud to be a part of ISAR!! Beth. Founder of Cats Angels, Inc. SPCA

Mexico. 2013

For APA, the International Homeless Animal´s Day was a great opportunity to spread the word about how does the animals have to be protect, was an excellent moment to tell all the pet-owners about how to take care of their pets. With the pets-walking that we organized, we get a bigger target and more people knew about the movement and about International Homeless Animal´s Day. People of our community definitely loved the movement, they ask about another special day to celebrate with their pets. We also create awareness about the importance of the sterilization. I want to tell you that we really succeed with our 3 events, the one in Aguascalientes, the other in Matehuala and the one in Calvillo. We gather 350 people and 400 animals in three cities. Thanks for letting us being part of this important event. Saludos!!! Felipe. Amigos Pro Animal, A.C.

Panama. 2013
Spay/Panama's motto is that TOGETHER WE CAN MAKE A DIFFERENCE. What one person can do may seem insignificant but if we all work together we can make a positive social impact on the communities. It is very interesting how ISAR has brought together so many organizations from so many countries together. The spay/neuter event held for the International Homeless Animals' Day in Panama City can have a domino effect and eventually, it may even turn our entire country. We held a vigil, and fixed 175 animals, both cats and dogs. Patricia. Founder of Spay/Panama

Another Municipal Adoption of Mandatory Spay/Neuter

HOW YOU CAN HELP ANIMALS!

Another Municipal Adoption of Mandatory Spay/Neuter

On October 1, 2013, the Georgia city of Macon enacted a "mandatory" spay/neuter law. It requires that dogs and cats over the age of six months, within city limits be sterilized. In principle, the city's motive (reducing overpopulation and killing) is commendable and ISAR supports it. The ordinance is an explicit acknowledgement of the overpopulation problem, and an attempt to deal with it in a humane and practical way. (According to a Macon City Councilman, the city has been euthanizing four to five thousand stray animals a year.) Indeed, the Macon ordinance reflects some of the provisions originally propounded by ISAR in its Monograph entitled "The Policy, Law and Morality of Mandatory Spay/Neuter."

However, the Macon ordinance contains the same defect found in virtually every other so-called "mandatory" spay/neuter law: a categorical exemption for those holding a valid unaltered animal permit, which can be obtained for designated breeders, hunting dogs, businesses which board such animals for training or resale, dogs or cats which are registered with the American Kennel Club, the Cat Fancier Association or other recognized registry. As ISAR explains at length in our Monograph, exemptions in so-called "mandatory" spay/neuter laws, especially for breeders, gut those enactments and do little to reduce the overpopulation problem.

As ISAR's Monograph and Model Statute prove, a (if not the) major culprit in the overpopulation problem is the breeder, especially the commercial manufacturers of puppies and kittens who operate "farms" at which these unfortunate animals are produced like sausages on an assembly line.

Obviously, as usual with "mandatory" spay/neuter laws, the Macon ordinance was the product of compromise -- unfortunately a typical ingredient of the legislative process. Until compromise at the expense of animals is wrung out of the system at the insistence of voters, we will continue to get laws which are "mandatory" except when they are not.

Once again, breeders get a pass.

Although there is a sad irony here -- breeders are a major cause of the overpopulation problem, that the Macon ordinance seeks to ameliorate -- the law as enacted is a giant step in the right direction, in at least two respects.

First, the ordinance represents a municipal judgment that enough is enough, and that the fate of unwanted dogs and cats, and the problems they cause through no fault of their own, is no longer socially acceptable in the City of Macon, Georgia.

Second, other than the breeder exception, conscientious enforcement of the ordinance should help dry up a large number of the city's strays, and significantly reduce the number of those yet to be born.

The City and its officials deserve the gratitude of all of us who understand the tragedy of dog and cat overpopulation, and the unspoken thanks of those who cannot speak for themselves.

Impact of ISAR's International Homeless Animals' Day

MEMORANDUM

From: Susan Dapsis, President ISAR

To: International Homeless Animals Day sponsors and participants

Subject: Impact of ISAR'S INTERNATIONAL HOMELESS ANIMALS' DAY®

Dear Friends of ISAR's International Homeless Animals' Day:

At first glance it might appear that an animal control officer somewhere in the United States is feeding a collarless, and thus apparently homeless, mixed-breed dog.

But if you look closely at the cap of the man, you'll see the letters "LICIA."

This touching event occurred not in the United States, but in Tegucigalpa, Honduras.

The man is not an animal control officer, but a member of the local police force.

Let me explain:

For the past 22 years ISAR has been organizing and facilitating INTERNATIONAL HOMELESS ANIMALS' DAY. Over the years, uncountable individuals and organizations have participated in spreading the spay/neuter message throughout the United States and, in recent years, to other countries around the world. For example, this year dedicated animal protection groups and concerned individuals in Belgium, Belize, Bermuda, Bolivia, Canada, Colombia, Ecuador, Fiji, France, Honduras, Hungary, India, Kuwait, Malaysia, Mexico, Nicaragua, Pakistan, Panama, Philippines, Singapore, South Africa, Switzerland, Tanzania, Thailand, and Venezuela joined forces with ISAR in the United States to shed light on the pet overpopulation epidemic.

Following each year's observances we have sought and received feedback about how successful they were--and we continue to want that information, including photos when possible.

Now we are asking something more: We want to know--factually, and in your opinion--the impact on your communities that International Homeless Animals' Day may have had. It is well and good for International Homeless Animals' Day to be observed throughout the world, but the impact of those observances needs to be known--both as recognition of the organizers of those events, and as a spur to convince others that positive results for animals can be achieved by observance of International Homeless Animals' Day.

Which brings me back to Tegucigalpa, Honduras.

Here, verbatim, is the report of what happened there on International Homeless Animals' Day 2013:

From: Ahpra Honduras [mailto:ofigueroa.ahpra@gmail.com]
Sent: Friday, September 20, 2013 4:09 PM
To: Colleen Gedrich [ISAR coordinator, International Homeless Animals' Day]
Subject: International Homeless Animals Day Observance

This event had a great impact in the city of Tegucigalpa, the people who live in the community of Suyapa are very poor but when they saw us feeding the stray animal they became closer to ask us about the activity, we explained to them and we heard some positive comments such as "it´s true they probably feel hunger just like us", based on comments like that i think they will treat in a different way those stray animals. Some people evena came to us and asked us if we could give them some food for their dogs, thank God we brought 100 pounds of concentrate.

About the cops, we were surprised because they were supposed to be there for our safety, but when we started to walk they grabbed the bags of food and became active members of the activity! they said that never in their life were a part of an activity that pretends to raise awareness about animal welfare so they gave us their phone numbers so we can call them for our next activity.

In schools, in my opinion we had great results, the kids were so excited with the talks and the draws and colours, of course, the first grade students told me that they would seriously talk to their parents about the way they treat their pets and promised never leave behind their hairy friends. All the talks were imparted in public schools, in Honduras they are full of very poor kids.

AHPRA is an association dedicated to education, the rescues we have made are just a few, but in august we had 4 dogs (3 puppies and their mother) thank God and our events people adopted the 3 puppies and surprisingly we also gave in adoption the mother and she was sterilized that same month.

About the vigil we made it in the city of Comayagua and the mayor let us made it in the central park, only 15 persons attended to the event. But for us that was succesful because it was the first event of this type in a city that ignores completely about animal rights and their welfare.

I'm so sorry that I am answering late, but here is the information. And we will keep observing this day from now on.

Thank you very much Colleen!

Atentamente,
Ónice Figueroa
Secretaria de la Junta Directiva
Coordinadora de Voluntarios AHPRA
Móvil: 3395-9382
Búscanos en Facebook: Ahpra de Honduras
Síguenos en Twitter: @AhpraHND www.ahprahonduras.org

It is said that ideas have consequences. Twenty-two years ago ISAR had the idea for International Homeless Animals' Day. A month ago in Honduras, police and others began to see companion animals in a different, more humane, light. For many of them, their attitudes have changed--and the animals will benefit.

HOW YOU CAN HELP ANIMALS!

Among the many useful features of the Internet is the phenomenon called a "Weblog" -- now universally referred to as a "Blog."

Originally used as a means for the expression of the writer's personal views, Blogs have evolved into a powerful tool enabling ISAR and other organizations to inform their supporters and others throughout the world about their activities. And to provide them with "ammunition" needed to fight their many battles.

Some of the ammunition ISAR has provided for those fighting animal protection battles appears below.

For example, if you abhor the inhumane practice of cutting dog's vocal cords as a convenience to the "owner" see Stop Devocalization Now and ISAR's Stop Devocalization Now Video -- and then join us in trying to end the barbarism. And if you'd like to help us spread the word about mandatory spay/neuter, see Only ISAR "Gets It" About Mandatory Spay/Neuter.

Accused Animal Abusers to Pay Care Costs of Seized Animals
Not one of our projects, but.......
ISAR's Stop Devocalization Now Video
Wanted -- Volunteer Lawyers for ISAR's Amicus Curiae Brief Program
Another "Half a Loaf"
ISAR gets out the word about our Stop Devocalization Project
Stop Devocalization Now
Animal Rights, Camera, Action! Take Two...
Outdoor Life, or Outdoor Death?
Eyesore or ISAR
Michael Vick And The Presidential Seal Of Approval
ISAR's Semi-Annual Report: January - July 2010
"No Kill" Advances
The "Half-a-Loaf" Problem Arises Again
The People v. Keith Chung, Revisited
Search Warrants In Animal Protection Cases
The Puppy Mill Sewer Is Beginning To Overflow
Ends and Means
Will lack of "standing to sue" once again rear its ugly head?
Massachusetts Ban On "Devocalization" Becomes Law
United States v. Stevens: A Half-Full, Not Half-Empty Decision
Mandatory Spay/Neuter Beat Goes On
The Stevens Decision: Speech 8, Animals 1
Animal Lawyers and Animal Law
Las Vegas spay/neuter ordinance: Two steps forward, one step backward
ISAR Interviews Lt. Col. Mark Eichelman
ISAR Interviews Elizabeth DeCoux
Putting animal offenders on a par with sex offenders.
Silencing the already silenced: De-barking/de-meowing/de-purring dogs and cats.
Breeders May Court Disaster
ISAR's Model Statute Regulating Dog Breeding, Facilitation and Sales
Half A Loaf, Revisited
The Need For ISAR's Mandatory Spay/Neuter Law
United States v. Stevens: Popular Wisdom May Be Wrong
Why Animal Suffering Matters, by Andrew Linzey. Reviewed by Professor Henry Mark Holzer.
ISAR's Analysis Of The Supreme Court Oral Argument In United States v. Stevens
ISAR's Model Spay/Neuter Tax Deduction Statute
Profit Trumped Principle
Vick Scores Yet Again
Veterinarians Are Running Scared
ISAR Seeks Twenty-First Century "Coast Watchers"
Animals In Court
Vick Scores Again
Th-th-th-that's all folks!': Henry Cohen's Review of Steven M. Wise's New Book
ISAR's Amicus Curiae Brief Has Been Filed In The Supreme Court
ISAR Hits a Nerve
ISAR Amicus Curiae Brief in U.S. v. Stevens
ISAR vs. Michael Vick
Great Success for Animal Legal Defense Fund...and Hundreds of Dogs
Another Milestone For Animal Rights Law
ISAR In The Supreme Court Of The United States
Another ISAR Legislative Idea is Copied
Only ISAR "Gets It" About Mandatory Spay/Neuter
Free Speech and Cruelty to Animals
Half a Loaf
ISAR's Model Mandatory Spay/Neuter Statute Garnering Attention
Important New Publication: Stanford Journal of Animal Law and Policy
Annotated Text of ISAR's Model Mandatory Spay/Neuter Statute
Websites Providing Information About Animal Law
Overview of ISAR's Revolutionary Model Mandatory Spay/Neuter Statute
The Case Against Zoos
ISAR's Revolutionary Model Mandatory Spay/Neuter Statute
Vive Brigitte Bardot
ISAR's 'Harming Companion Animals' Monograph To Be Used In Law School 'Animal Law And Rights Course'
ISAR and Animal Rights in Europe
Harming Companion Animals: Liability and Damages
Redemption: The Myth of Pet Overpopulation in America by Nathan J. Winograd
Get Political for Animals and Win the Laws They Need by Julie E. Lewin
Suing on Behalf of Animals: New Case
Capitol Hill's Animal Friends
ISAR as Friend-of-the-Court
Celebrities and Animal Abuse
ISAR's Brand New Website
Decartes is Dead
ISAR in Action
Mother Jones Meets an ISAR Billboard
Token Mandatory Spay/Neuter in Palm Beach, Florida
Another Municipal Adoption of ISAR's Model Mandatory Spay/Neuter Statute
Heart Bleeding for Vick, But Not His Victims
What made Michael Vick?

 

And there's another way to help animals: By forwarding this E-Bulletin/Blog to individuals and organizations who share ISAR's goals and believe that, through law and education serving animals, together we can ease their suffering and promote their rights.

ISAR's International Homeless Animals' Day® Bonds Communities Worldwide Against Pet Overpopulation

More than 20 US states and 17 foreign locations will band together on Saturday for ISAR's 22nd annual International Homeless Animals' Day.

First conceived and commemorated by International Society for Animal Rights in 1992, International Homeless Animals' Day was created for the purpose of shedding light on the pet overpopulation epidemic and enlightening society, elected officials, and the media about the desperate need for worldwide spay/neuter programs. International Homeless Animals' Day bonds communities together in an effort to halt the massive killing of unwanted dogs, cats, puppies, and kittens that takes place each year in shelters and on the streets.

ISAR's International Homeless Animals' Day, annually observed on the third Saturday of August, produces events that continue to grow in number and in content. Humane societies, animal protection organizations, and concerned individuals mark the Day with candlelight vigils, spay/neuter and microchip clinics, adopt-a-thons, pet walks, information stalls, and often times host guest speakers which include elected officials, veterinarians, shelter personnel, media personalities, and local celebrities, and much more.

While attendance differs at each observance, a humane organization in California for instance has decided to hold an intimate candlelight vigil with their volunteers and board members. Other events, such as London Ontario's Pawlooza, plans for record numbers involving more than 25,000 people to celebrate our canine and feline companions. ISAR can attest that as a direct result of its International Homeless Animals' Day countless shelter animals have found permanent loving homes and countless pets are now spayed and neutered, saving millions of animals' lives.

ISAR's website is now publicizing the many events taking place in honor of International Homeless Animals' Day 2013. If you find there is not an International Homeless Animals' Day event in your area, ISAR invites you to light a candle in its 12th annual virtual online vigil. ISAR also encourages the public to visit their local animal shelters, become a volunteer, donate much needed supplies, sponsor a spay or neuter surgery, and/or promote ISAR's website, www.isaronline.org, to enlighten others about the pet overpopulation epidemic and its simple spay/neuter solution.

ISAR will continue fighting the battle against pet overpopulation and will work tirelessly for the day when all companion animals are embraced in loving arms and caring homes.