Ledy VanKavage, Esq. Sr. Legislative Attorney Immediate Past Chair of American Bar Association s TIPS Animal Law Committee ledyv@bestfriends.
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1 Ledy VanKavage, Esq. Sr. Legislative Attorney Immediate Past Chair of American Bar Association s TIPS Animal Law Committee ledyv@bestfriends.org
2
3 Our Mission
4 Top 10 dog in 47 states! Pit Bull Terriers are Popular!
5 Voices for No More Homeless Pets: network.bestfriends.org/takeaction
6 No More Homeless Pets Conference
7
8 We want SAFE communities for people and pets!
9 Americans want FREE Communities This is America. Every American who follows the right safety rules as a responsible dog owner should be allowed to own whatever breed of dog they choose-it s that simple.
10 This is about Property Rights!
11 Photo taken At BARCs - Baltimore Shelter playgroup Politics is not a spectator sport!
12
13 501 (c) 3 Nonprofits Tax Treatment Tax-exempt Contributions tax-deductible Private foundation grants Lobbying Activities Limited Cannot support or oppose candidates for public office
14 Yes, nonprofits can lobby: 501(c)(3) public charities can lobby within generous limits set by federal tax law.
15 Insubstantial Part Test (Default Test) The Insubstantial Part Test means that you cannot make lobbying a substantial part of what you do. ( Substantial is not defined.)
16 501(h) Expenditure IRS Form 5768 One-time election To maximize the amount of lobbying in which a public charity can engage, you can choose the 501(h) expenditure. It establishes specific dollar limits that are calculated as a percentage of a charity s total exempt purpose expenditures.
17 Total Lobbying Expenses 501(h) 20% of first $500,000 15% of next $500,000 10% of next $500,000 5% remaining $1 million cap (annual expenditures over $17 million) Volunteer and other efforts don t go toward lobbying limits.
18 Annual Expenditures Over $17 Million Overall lobbying limit of $1 million but grassroots lobbying limit = $250, (h) election
19 Direct: Communication with a legislator that expresses a view about specific legislation Grassroots: Communication to the general public that expresses a view about specific legislation and has a call to action
20 Ballot Initiatives Members of the public ARE legislators
21 These are NOT legislators: School boards Zoning boards Housing authorities Sewer and water districts Other special purpose bodies
22 Nonpartisan analysis, research or study Self-defense Request for technical assistance Examination and discussions of broad social, economic and similar problems Lobbying Exceptions
23 Lobbying or Not? Urging state legislators to pass a law similar to one passed in another state Lobbying
24 Meeting with a zoning commission to discuss a permit for an animal sanctuary? Not lobbying
25 Urging legislators in another city to oppose a law limiting pit bull terrier ownership Lobbying
26 . lv
27 Read! Get Political for Animals by Julie Lewin Rules for Radicals by Saul Alinsky Doing Democracy by Bill Moyer
28 ntent/resources/no- Kill_Resources/Pit_bull_initiatives/Prev enting_breed_discrimination/2465.ho w_to_stop_bdl.pdf
29 Fiscal Bite & Breed Discrimination- Utilizing Scientific Advances & Economic Tools in Lobbying Photo by Lynn Terry s/midatlanticanimallawfinallvjd.pdf
30 The legislative process is FUN!
31 Communication is everything!
32 Luntz Global Focus Group The LG Motto: It s not what you say it s what they hear.
33 There is nothing specific about it Breed-specific legislation vs. Breed-discrimination
34 February 13, 2010 New ordinance allows pit bulls, bans 'vicious pets' By Ramelle Bintz Pit bulls will not be banned in Sturgeon Bay. The Community, Protection and Services Committee voted unanimously Thursday to remove language that would ban a specific breed of dog from a proposed animal regulation ordinance. The new 14-page ordinance is being rewritten to replace a half-page ordinance currently on the books. At the Feb. 2 Common Council meeting, Alderman James Abeyta, a member of the committee, objected to the outright ban of pit bulls and asked that the ordinance be returned to the committee to review. Since then, aldermen have been bombarded with opinions. Alderman Ron Vandertie, who spoke after the committee vote, said he received more calls on this issue in one week than he had regarding the proposed Walmart Supercenter.
35 Petitions on Change.org
36 Protests
37 Harlingen, Texas: Shelter lifts ban and adopts out pit bull terriers
38 Coalition to Stop St. Clair County Gas Chamber Approach county officials Figure out the economic impact Put flyers in the newspaper Send letters to the editor Use Freedom of Information Act Get on TV news Ask friends in journalism to help
39 What makes a great sponsor? Leadership Good record On the committee Majority party Respected Even-tempered
40 Illinois Humane Euthanasia in Animal Shelters Act Contract Lobbyists Are Important
41 Microchipping ROCKS! IL. Humane Euthanasia in Animal Shelters Act
42 Ryan Armstrong Act Prohibits canine profiling Effective 2003, Illinois Animal Control Act, Section 24 Nothing in this Act shall be held to limit in any manner the power of any municipality or other political subdivision to prohibit animals from running at large, nor shall anything in this Act be construed to, in any manner, limit the power of any municipality or other political subdivision to further control and regulate dogs, cats or other animals in such municipality or other political subdivision provided that no regulation or ordinance is specific to breed.
43 Be careful of running bills in redistricting years-and choosing sponsors Miami
44 Anna s Law Illinois Public Act Pet Population Control Fund: $15 spay/neuter Food stamps SS disability benefits Or feral cats
45 Illinois Pet-Friendly License Plate Attend Political Fundraisers!
46 Ohio repealed its breed-discriminatory law February 21, 2012
47 Legislation and facts can be boring
48 guerrillaeconomics.net/bestfriends Cost: $476,973,320 annually for the U.S.
49 28 CFR Part 35 U.S. Department of Justice, Civil Rights Division The department does not believe it is either appropriate or consistent with the ADA to defer to local laws that prohibit certain breeds of dogs based on local concerns that these breeds may have a history of unprovoked aggression or attacks.
50 The American Bar Association A Lawyer s Guide to Dangerous Dog Issues
51 AVMA Task Force Report JAVMA: June 1, 2001 Statistics on fatalities and injuries caused by dogs cannot be responsibly used to document the dangerousness of a particular breed (p. 1736)
52 We all want safe and humane communities- Is Breed Discrimination Effective? The U.K. banned pit bulls in A study completed on an analysis of dog bites before the ban and after the ban revealed that their Dangerous Dogs Act had no effect whatsoever. The Act has singled out certain dangerous breeds without any substantive data to support it. If legislation is to reduce and prevent injury from dog bites, this study suggests there should be much wider control of the dog population in general, and not one that simply addressed the dangerous breeds, referred to in the Dangerous Dogs Act. Elsevier, B. Klaassen, J.R. Buckley, and A. Esmail
53 Spanish study: Aragon, Spain (Population 1.2 million) Profiled breeds: Rottweiler Argentine dogo Brazilian mastiff Tosa inu Akita inu Pit bull terrier Staffordshire bull terrier American Staffordshire terrier Findings: 2.4 bites before breeddiscriminatory law 3.5 bites after Results suggest that BSL was fundamentally flawed and not effective. Spanish Dangerous Animals Act: Effect of the Epidemiology of Dog Bites, J. Vet Behavior, 2(5) , 2007
54 ABA House of Delegates Resolution RESOLVED, That the American Bar Association urges all state, territorial, and local legislative bodies and governmental agencies to adopt comprehensive breedneutral dangerous dog/reckless owner laws that ensure due process protections for owners, encourage responsible pet ownership and focus on the behavior of both dog owners and dogs, and to repeal any breed-discriminatory or breed-specific provisions.
55 Trends Prohibit breed discrimination: 13 U.S. states Italy Sweden Netherlands Toledo, Topeka, Cleveland, Cincinnati, and numerous others have recently repealed breed discrimination!
56 RECKLESS OWNERS The public wants to see reckless owners held accountable Bad owners lead to bad dogs and that puts everyone at risk Ordinances like Tacoma, Skokie,
57
58 42 U.S.C A person states a claim under 42 U.S.C if he alleges that the defendant deprived him of a constitutional right while acting under color of state law.
59 City of Pierre v. Blackwell 635 N.W. 2d 581 (SCt. S.D. 2001) The city brought criminal charges, thus it needed to prove one of the elements, that the dog was dangerous beyond a reasonable doubt. Both sides presented evidence of the dangerousness of the dog at trial, but the court did not make an independent assessment of the evidence. It relied solely on the finding of the animal control officer. There was no independent determination of dangerous by a neutral judicial officer as a part of the criminal proceeding. The court goes on to discuss that this would have failed a procedural due process claim in the civil context, too, without exigent circumstances. Here, the court just reviewed the animal control officer s decision for legality and due process was not satisfied.
60
61
62 Find the Pit Bull Pit Bull Rescue Central
63 Find the Pit Bull Pit Bull Rescue Central Alapaha Blue Blood Bulldog Doberman Pinscher Catahoula Leopard Dog Viszla Patterdale Terrier Rottweiler Dogue de Bordeaux English Bulldog Olde English Bulldogge Bull Terrier Cane Corso Black Mouth Cur Boxer American Bulldog American Pit Bull Terrier Bullmastiff Fila Brasileiro Tosa Inu Dogo Argentino Greater Swiss Mountain Dog Ca De Bou Boerboel Thai Ridgeback Jack Russell Terrier
64
65 AmStaf, Aussie AmStaf, Boxer Basset, Dalmatian, Staffybull, Wire Fox Terrier
66 Man wins dog back after DNA test proves dog isn t a pit bull terrier
67 Starting a revolution: The good news from Bad Newz Kennels
68 Karma
69 Photo by Mike Bizelli
70 States that discriminate against victims of cruelty seized in fight busts Colorado Delaware Florida Victory! Louisiana Massachusetts Michigan Minnesota New Jersey North Carolina Oklahoma Rhode Island South Carolina South Dakota Wisconsin
71 Florida s Governor Scott with Best Friends Pit Crew Best Friends Spearheaded PASSAGE of SB 722 in 2011 to get the stigma removed from fight bust dogs
72 Invisible Dogs
73 After the session, you can relax!
74 Smile
75 We shall not fail or falter; we shall not weaken or tire. Neither the sudden shock of battle nor the long-drawn trials of vigilance and exertion will wear us down. Give us the tools and we will finish the job. Sir Winston Churchill, radio speech, 1941
76 Thank you for helping to bring about a time of No More Homeless Pets bestfriends.org
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