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Helping or Stealing?

By Amy Fernandez

Courtroom reality shows offer a fascinating glimpse of dog ownership in America. It’s no secret that animal-related cases reliably draw viewers. But the situations profiled on these shows range from ludicrous to sublime.

A recent episode portrayed a rare takedown of a meddling, self-righteous individual that’s unfortunately become a pervasive presence in today’s dog world. The plaintiff sued for the cost to replace his dog, a seven-year-old Weimeraner, which he’d left in foster care during a stint in rehab. He returned for his dog to discover that the temporary custodian no longer had it. It subsequently ended up with a local rescue group. When the plaintiff contacted them, he was told that it had been adopted.

The clearly confident defendant arrived in court without witnesses or evidence to corroborate her contentions of mistreatment, or a coherent explanation of how/why the plaintiff’s dog was surrendered to a rescue group. She obviously didn’t anticipate any need to justify that fact. Under questioning, she changed her story repeatedly while persistently emphasizing that the plaintiff had no right to own a dog. She obviously expected a legal free pass for her actions, not a wicked verbal reprimand from the judge to top off the judgment against her.

Decades of vociferous AR propaganda has encouraged the belief that illegal actions are fine and dandy when it comes to animal welfare. That’s old news, but this show caught my interest because it mirrors many cases that cropped up following Hurricane Sandy. Owners of countless dogs and cats placed in temporary foster care got a big surprise when they attempted to retrieve their pets. Many were inexplicably missing, rehomed, or simply commandeered by their temporary custodians.

A similar, unrelated NYC incident last fall made headlines when a 50-year-old retired optometrist decided to rescue a cat from a neighborhood bagel shop. The shop’s owner obtained his jankety pet from a shelter. Naming it Cosmo after the classically disheveled Seinfeld character, he subsequently brought it to work during renovations at home. One September Sunday, a customer and self-described concerned cat lover, decided that Cosmo was abused. So she did something that her moral compass would never have allowed if the object of her desire had been a soda or a bagel. She picked him up, shoved him in her coat, and walked out.

Luckily, an employee saw this and got her plate number. Several hours later the cops knocked on her door. She was arrested and charged with burglary – the last thing she expected. Throughout the subsequent ordeal, she insisted that Cosmo needed to be rescued. Her descriptive statements were peppered with those perennially popular catch phrases “abused, mistreated, and suffering.” They reliably rake in millions for the animal rescue industry, and have come to rationalize any behavior in the name of social justice. Cosmo’s scruffy appearance didn’t make the best impression, but there was no corroborating proof to support her accusations.

Prosecutors offered her the standard plea bargain for a first time minor offense.  More news coverage followed her refusal. She was widely quoted explaining that she didn’t want to “set a bad precedent for others who wanted to help children or animals in danger. We don’t want to send the message to people not to help.” After considering her alternative, seven years for a burglary conviction, she relented.

The case got me thinking about the AR mission to extend full legal rights to animals. Considering that burglary and theft have become accepted practices in that world, maybe it’s a good idea. Instead of spending time in lockdown, this perp would have faced 5-20 for kidnapping.  Many states impose far worse penalties if the victim is injured or exposed to danger.

And that unfortunately happens frequently in these impulsive situations. Cosmo’s rescuer took him to NYC Animal Control. Based on personal experience, I describe it as an animal version of Rikers. Chronically packed, it’s the typical end of the line for many animals, a kill shelter in every sense of the word. Inmates lucky enough to earn parole generally come with environmentally induced mental and/or physical problems due to this stressful environment.  Ironically, that’s where the bagel shop owner originally found Cosmo. He later faced a stiff health department fine for having a cat on the premises, but he managed to bail Cosmo out for a second time before he ran through nine lives.

Many animal lovers have committed similar impulsive acts and there are instances when extreme measures are warranted.  In the meantime, if you’re considering appropriating someone’s animal for humane reasons, it’s still illegal. And the first rule of illegal activities still applies: Don’t get caught.

Short URL: http://caninechronicle.com/?p=44820

Posted by on Mar 13 2014. Filed under Current Articles, Featured. You can follow any responses to this entry through the RSS 2.0. Both comments and pings are currently closed.

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