ID: Few animal welfare laws keep Idaho in the doghouse

Few animal welfare laws keep Idaho in the doghouse

For the fourth year in a row, the state's among the very worst in an Animal Legal Defense Fund ranking.
BY KATY MOELLER - kmoeller@idahostatesman.com
Copyright: © 2009 Idaho Statesman
Published: 12/28/09

Boise animal welfare advocate Virginia Hemingway says some state legislators are glad when Idaho rates poorly regarding animal protection laws.  "One told me, 'I'm proud we're on those lists. It shows Idaho is a state that protects individuals' rights,' " said Hemingway, founder of the group Stop Torturing Our Pets. "They are blindfolded about what's happening to the animals."

That's why it's important for Idahoans who want the state to become a leader in animal protection to write, call or visit their state legislators, said Jeff Rosenthal, executive director of the private, non-profit Idaho Humane Society in Boise.  "Things won't change until the public gets involved in letting lawmakers know that they want animal cruelty taken seriously in their community," Rosenthal said.

"That's what changed everything for drunk-driving enforcement," he said. "It used to be swept under the table. It took MADD to change that. They demanded prosecutors take it seriously."

Stephan Otto, a Portland-based spokesman for the Animal Legal Defense Fund, said it's often a series of well-publicized cases of egregious abuse that galvanizes the public. As an example, he cited the recent case of a dog in Cascade whose throat was cut, allegedly the cruel result of a dispute between neighbors.  Robert Roby, a 48-year-old Cascade man, was originally charged with four misdemeanors: animal cruelty, malicious injury to property, disturbing the peace and trespass.  "The laws have not caught up with society's values," Otto said.

Because of the value of the dog and the cost of injuries in the Cascade case, Valley County Prosecutor Matt Williams was able to add a charge of felony grand theft and upgrade the malicious injury to property to a felony (damage exceeding $1,000).

But Idaho animal welfare advocates say they feel frustrated. While neighboring Oregon is ranked fourth best in animal protection in the country by the Animal Legal Defense Fund, Idaho ranks the fourth worst.

Rosenthal said some in agriculture and animal husbandry are the most opposed to added penalties, including a felony offense for repeat offenders and the most serious cases.  "There's a lot of baseless fear. They say, 'Oh god, we absolutely can't have those cruelty laws or we won't have ranching and farming, and you won't be able to breed or even own a dog,'" Rosenthal said.

Idaho is one of four states left in the country without a felony animal abuse statute - and that's what Idaho animal protection advocates are promoting.  But it's just one reason why the state ranks so low. Idaho also loses points for having no restrictions on ownership or possession of animals following a conviction or for the lack of a requirement of mental health evaluation and counseling for repeat offenders.

Idaho has passed two major animal welfare measures in the past five years: Dogfighting is a felony crime, and there's a forfeiture/bond law that puts the cost of care for animals that have been seized on the owner - if they don't post bond, the animals may be adopted out.  The Idaho Humane Society wrote the drafts of those bills and lobbied for passage. They've been working for eight years to get a felony animal abuse law passed.

Hemingway has been pushing the past three years for a felony animal abuse law that targets repeat abusers and the most serious offenders. She believes Idaho will eventually add it, even if it's the last state in the country to do it.  "I may be dead by then," she joked. "You get to a point where you've been banging your head on the wall."  As with any legislation, one word can stall, even kill, the bill.

Last year, "it was the word 'neglect,' " Hemingway said. "There was a person who wanted the word neglect taken out of our definition of torture."  She's hoping for better success in the legislative session that begins in January.

Lisa Kauffman, Idaho state director of the Humane Society of the United States (not affiliated with the Idaho Humane Society), said her organization is most interested in seeing a felony animal cruelty law and a felony penalty for cockfighting.

She said a recent dispute over an injured dog and her puppies in Jefferson County points out the need for a better definition of neglect and abandonment. In that case, Northwest Animal Companions Executive Director Troy Jackson was charged with felony grand theft for taking the dog and pups to get veterinary care.  "Idaho is always close to or the last state to enact proactive laws on most major issues. For once, I'd like to see us get ahead of the game in this area," Kauffman said.

Rosenthal said Idaho needs better animal protection laws, but that's not all.  "I've said this ad nauseam - it doesn't matter what's written on paper if we don't have law enforcement that's willing or able to enforce the laws," Rosenthal said. "It doesn't make a bit of difference."

Katy Moeller: 377-6413

Source: http://www.idahostatesman.com/102/story/1022596.html