Here is a web link to The van Bakeren Foundation, a non-profit group to create a sustainable, low-cost, equitable health care system to benefit people animals and the environment as they relate to veterinary medicine.
www.vanBakerenFoundation.org
Monday, April 27, 2009
Tuesday, April 21, 2009
Here is an update on what I am doing --
Things are busy as usual for me. Here is an update on what is going on --
- I will be speaking on estate planning for non traditional couples at 9:15 a.m. on Sunday, April 26, at the West Shore Church, 20100 Hilliard Road in Westlake.
- I will be speaking on pet trusts at 1:00 p.m., April 30, at Legacy Place, 992 Vail Drive, in Twinsburg, Ohio.
- I will be on 1590 AM, WAKR, Akron radio, from 8:20 a.m. on May 1, May 15, June 12 and June 19 on the "Ask the Attorney" segment.
- Here is the web link to the article I wrote on digital assets that appeared in this weeks Cleveland Jewish News in their estate planning edition -- http://www.clevelandjewishnews.com/articles/2009/04/17/news/business/doc49e7403682b3f870226903.txt
- I'll be on American Idol next week (just kidding).
- I will be speaking on estate planning for non traditional couples at 9:15 a.m. on Sunday, April 26, at the West Shore Church, 20100 Hilliard Road in Westlake.
- I will be speaking on pet trusts at 1:00 p.m., April 30, at Legacy Place, 992 Vail Drive, in Twinsburg, Ohio.
- I will be on 1590 AM, WAKR, Akron radio, from 8:20 a.m. on May 1, May 15, June 12 and June 19 on the "Ask the Attorney" segment.
- Here is the web link to the article I wrote on digital assets that appeared in this weeks Cleveland Jewish News in their estate planning edition -- http://www.clevelandjewishnews.com/articles/2009/04/17/news/business/doc49e7403682b3f870226903.txt
- I'll be on American Idol next week (just kidding).
JUSTICES TO REVIEW WHETHER VIDEOS OF ANIMAL CRUELTY PROTECTED SPEECH
I though you might find this story important. It is not legislation, but it is about animal welfare --
JUSTICES TO REVIEW WHETHER VIDEOS OF ANIMAL CRUELTY PROTECTED SPEECH
The New York Times reports that the U.S. Supreme Court agreed yesterday to review the appeal of Robert Stevens, a Virginia man challenging his conviction for selling dog-fighting videos on First Amendment grounds. Stevens was sentenced to 37 months in prison under a 1999 federal law that criminalizes the creation or sale of depictions of cruelty to animals; although all 50 states ban animal cruelty itself, only the federal law targets depictions of it. Stevens’ lawyers argued that “there is no claim that the defendant was himself involved in acts of animal cruelty or was even present at their commission,” and that many of the acts in the videos were lawful in the jurisdictions where they were documented. In an amici brief urging the Court to take up the case, animal protection group the Humane Society argued that “gruesome depictions of animal mutilation” as targeted by the federal law should join the limited categories of speech that are beyond the protections of the First Amendment, such as obscenity, child pornography, and fighting words. Last summer the 3rd Circuit Court of Appeals overturned Stevens’ conviction, holding that animals aren’t affected by videos showing cruelty in the same way that minors suffer continuing harm by having images of child pornography in the marketplace.
For full story, see: http://www.nytimes.com/2009/04/21/us/21scotus.html?_r=1&ref=us
Fox News: http://www.foxnews.com/story/0,2933,517156,00.html
Columbus Dispatch: http://www.dispatchpolitics.com/live/content/national_world/stories/2009/04/21/copy/scotus_animals_ap_0421.ART_ART_04-21-09_A5_BDDKAAE.html?adsec=politics&sid=101
Washington Times: http://washingtontimes.com/news/2009/apr/21/animal-cruelty-case-advances/
JUSTICES TO REVIEW WHETHER VIDEOS OF ANIMAL CRUELTY PROTECTED SPEECH
The New York Times reports that the U.S. Supreme Court agreed yesterday to review the appeal of Robert Stevens, a Virginia man challenging his conviction for selling dog-fighting videos on First Amendment grounds. Stevens was sentenced to 37 months in prison under a 1999 federal law that criminalizes the creation or sale of depictions of cruelty to animals; although all 50 states ban animal cruelty itself, only the federal law targets depictions of it. Stevens’ lawyers argued that “there is no claim that the defendant was himself involved in acts of animal cruelty or was even present at their commission,” and that many of the acts in the videos were lawful in the jurisdictions where they were documented. In an amici brief urging the Court to take up the case, animal protection group the Humane Society argued that “gruesome depictions of animal mutilation” as targeted by the federal law should join the limited categories of speech that are beyond the protections of the First Amendment, such as obscenity, child pornography, and fighting words. Last summer the 3rd Circuit Court of Appeals overturned Stevens’ conviction, holding that animals aren’t affected by videos showing cruelty in the same way that minors suffer continuing harm by having images of child pornography in the marketplace.
For full story, see: http://www.nytimes.com/2009/04/21/us/21scotus.html?_r=1&ref=us
Fox News: http://www.foxnews.com/story/0,2933,517156,00.html
Columbus Dispatch: http://www.dispatchpolitics.com/live/content/national_world/stories/2009/04/21/copy/scotus_animals_ap_0421.ART_ART_04-21-09_A5_BDDKAAE.html?adsec=politics&sid=101
Washington Times: http://washingtontimes.com/news/2009/apr/21/animal-cruelty-case-advances/
Sunday, April 19, 2009
Web Link to the Cleveland Jewish News Article on Digital Assets
Here is the web link to the Cleveland Jewish News Article --
http://www.clevelandjewishnews.com/articles/2009/04/17/news/business/doc49e7403682b3f870226903.txt
http://www.clevelandjewishnews.com/articles/2009/04/17/news/business/doc49e7403682b3f870226903.txt
Wednesday, April 15, 2009
Ohio Animal Law Legislative Update For 2009 -- HB 79 Vicious Dogs" Bill
HB 79, "Vicious Dogs", recently introduced by Rep. Sears, "To remove pit bulls from the definition of 'vicious dogs' in state law". I have pasted it below and here is the web link --
http://www.legislature.state.oh.us/bills.cfm?ID=128_HB_79
As Introduced
128th General Assembly
Regular Session
2009-2010
H. B. No. 79
Representative Sears
Cosponsors: Representatives Skindell, Stebelton, Wachtmann
A BILL
To amend section 955.11 of the Revised Code to remove pit bulls from the definition of "vicious dog" in state law.
BE IT ENACTED BY THE GENERAL ASSEMBLY OF THE STATE OF OHIO:
Section 1. That section 955.11 of the Revised Code be amended to read as follows:
Sec. 955.11. (A) As used in this section:
(1)(a) "Dangerous dog" means a dog that, without provocation, and subject to division (A)(1)(b) of this section, has chased or approached in either a menacing fashion or an apparent attitude of attack, or has attempted to bite or otherwise endanger any person, while that dog is off the premises of its owner, keeper, or harborer and not under the reasonable control of its owner, keeper, harborer, or some other responsible person, or not physically restrained or confined in a locked pen which that has a top, locked fenced yard, or other locked enclosure which that has a top.
(b) "Dangerous dog" does not include a police dog that has chased or approached in either a menacing fashion or an apparent attitude of attack, or has attempted to bite or otherwise endanger any person while the police dog is being used to assist one or more law enforcement officers in the performance of their official duties.
(2) "Menacing fashion" means that a dog would cause any person being chased or approached to reasonably believe that the dog will cause physical injury to that person.
(3) "Police dog" means a dog that has been trained, and may be used, to assist one or more law enforcement officers in the performance of their official duties.
(4)(a) "Vicious dog" means a dog that, without provocation and subject to division (A)(4)(b) of this section, meets any either of the following:
(i) Has killed or caused serious injury to any person;
(ii) Has caused injury, other than killing or serious injury, to any person, or has killed another dog.
(iii) Belongs to a breed that is commonly known as a pit bull dog. The ownership, keeping, or harboring of such a breed of dog shall be prima-facie evidence of the ownership, keeping, or harboring of a vicious dog.
(b) "Vicious dog" does not include either of the following:
(i) A police dog that has killed or caused serious injury to any person or that has caused injury, other than killing or serious injury, to any person while the police dog is being used to assist one or more law enforcement officers in the performance of their official duties;
(ii) A dog that has killed or caused serious injury to any person while a person was committing or attempting to commit a trespass or other criminal offense on the property of the owner, keeper, or harborer of the dog.
(5) "Without provocation" means that a dog was not teased, tormented, or abused by a person, or that the dog was not coming to the aid or the defense of a person who was not engaged in illegal or criminal activity and who was not using the dog as a means of carrying out such activity.
(B) Upon the transfer of ownership of any dog, the seller of the dog shall give the buyer a transfer of ownership certificate that shall be signed by the seller. The certificate shall contain the registration number of the dog, the name of the seller, and a brief description of the dog. Blank forms of the certificate may be obtained from the county auditor. A transfer of ownership shall be recorded by the auditor upon presentation of a transfer of ownership certificate that is signed by the former owner of a dog and that is accompanied by a fee of twenty-five cents.
(C) Prior to the transfer of ownership or possession of any dog, upon the buyer's or other transferee's request, the seller or other transferor of the dog shall give to the person a written notice relative to the behavior and propensities of the dog.
(D) Within ten days after the transfer of ownership or possession of any dog, if the seller or other transferor of the dog has knowledge that the dog is a dangerous or vicious dog, he the seller or other transferor shall give to the buyer or other transferee, the board of health for the district in which the buyer or other transferee resides, and the dog warden of the county in which the buyer or other transferee resides, a completed copy of a written form on which the seller shall furnish the following information:
(1) The name and address of the buyer or other transferee of the dog;
(2) The age, sex, color, breed, and current registration number of the dog.
In addition, the seller shall answer the following questions, which shall be specifically stated on the form as follows:
"Has the dog ever chased or attempted to attack or bite a person? If yes, describe the incident(s) in which the behavior occurred."
"Has the dog ever bitten a person? If yes, describe the incident(s) in which the behavior occurred."
"Has the dog ever seriously injured or killed a person? If yes, describe the incident(s) in which the behavior occurred."
The dog warden of the county in which the seller resides shall furnish the form to the seller at no cost.
(E) No seller or other transferor of a dog shall fail to comply with the applicable requirements of divisions (B) to (D) of this section.
Section 2. That existing section 955.11 of the Revised Code is hereby repealed.
http://www.legislature.state.oh.us/bills.cfm?ID=128_HB_79
As Introduced
128th General Assembly
Regular Session
2009-2010
H. B. No. 79
Representative Sears
Cosponsors: Representatives Skindell, Stebelton, Wachtmann
A BILL
To amend section 955.11 of the Revised Code to remove pit bulls from the definition of "vicious dog" in state law.
BE IT ENACTED BY THE GENERAL ASSEMBLY OF THE STATE OF OHIO:
Section 1. That section 955.11 of the Revised Code be amended to read as follows:
Sec. 955.11. (A) As used in this section:
(1)(a) "Dangerous dog" means a dog that, without provocation, and subject to division (A)(1)(b) of this section, has chased or approached in either a menacing fashion or an apparent attitude of attack, or has attempted to bite or otherwise endanger any person, while that dog is off the premises of its owner, keeper, or harborer and not under the reasonable control of its owner, keeper, harborer, or some other responsible person, or not physically restrained or confined in a locked pen which that has a top, locked fenced yard, or other locked enclosure which that has a top.
(b) "Dangerous dog" does not include a police dog that has chased or approached in either a menacing fashion or an apparent attitude of attack, or has attempted to bite or otherwise endanger any person while the police dog is being used to assist one or more law enforcement officers in the performance of their official duties.
(2) "Menacing fashion" means that a dog would cause any person being chased or approached to reasonably believe that the dog will cause physical injury to that person.
(3) "Police dog" means a dog that has been trained, and may be used, to assist one or more law enforcement officers in the performance of their official duties.
(4)(a) "Vicious dog" means a dog that, without provocation and subject to division (A)(4)(b) of this section, meets any either of the following:
(i) Has killed or caused serious injury to any person;
(ii) Has caused injury, other than killing or serious injury, to any person, or has killed another dog.
(iii) Belongs to a breed that is commonly known as a pit bull dog. The ownership, keeping, or harboring of such a breed of dog shall be prima-facie evidence of the ownership, keeping, or harboring of a vicious dog.
(b) "Vicious dog" does not include either of the following:
(i) A police dog that has killed or caused serious injury to any person or that has caused injury, other than killing or serious injury, to any person while the police dog is being used to assist one or more law enforcement officers in the performance of their official duties;
(ii) A dog that has killed or caused serious injury to any person while a person was committing or attempting to commit a trespass or other criminal offense on the property of the owner, keeper, or harborer of the dog.
(5) "Without provocation" means that a dog was not teased, tormented, or abused by a person, or that the dog was not coming to the aid or the defense of a person who was not engaged in illegal or criminal activity and who was not using the dog as a means of carrying out such activity.
(B) Upon the transfer of ownership of any dog, the seller of the dog shall give the buyer a transfer of ownership certificate that shall be signed by the seller. The certificate shall contain the registration number of the dog, the name of the seller, and a brief description of the dog. Blank forms of the certificate may be obtained from the county auditor. A transfer of ownership shall be recorded by the auditor upon presentation of a transfer of ownership certificate that is signed by the former owner of a dog and that is accompanied by a fee of twenty-five cents.
(C) Prior to the transfer of ownership or possession of any dog, upon the buyer's or other transferee's request, the seller or other transferor of the dog shall give to the person a written notice relative to the behavior and propensities of the dog.
(D) Within ten days after the transfer of ownership or possession of any dog, if the seller or other transferor of the dog has knowledge that the dog is a dangerous or vicious dog, he the seller or other transferor shall give to the buyer or other transferee, the board of health for the district in which the buyer or other transferee resides, and the dog warden of the county in which the buyer or other transferee resides, a completed copy of a written form on which the seller shall furnish the following information:
(1) The name and address of the buyer or other transferee of the dog;
(2) The age, sex, color, breed, and current registration number of the dog.
In addition, the seller shall answer the following questions, which shall be specifically stated on the form as follows:
"Has the dog ever chased or attempted to attack or bite a person? If yes, describe the incident(s) in which the behavior occurred."
"Has the dog ever bitten a person? If yes, describe the incident(s) in which the behavior occurred."
"Has the dog ever seriously injured or killed a person? If yes, describe the incident(s) in which the behavior occurred."
The dog warden of the county in which the seller resides shall furnish the form to the seller at no cost.
(E) No seller or other transferor of a dog shall fail to comply with the applicable requirements of divisions (B) to (D) of this section.
Section 2. That existing section 955.11 of the Revised Code is hereby repealed.
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