Criminal charges filed in puppy mill case

Half a dozen criminal charges of animal cruelty were filed this week against Jason and Serenna Larsen, a Gold-Barr (WA) area couple.  The Larsens are believed linked to a multi-million dollar puppy mill operation.

The charges are the result of a raid which took place on January 16th of this year in which 160 dogs were seized.  According to the authorities, most of the dogs were covered in urine and feces.  The authorities also found dead puppies in a freezer and a mummified dog in an outbuilding.  Veterinarians examining the dogs after the seizure, found a number of medical problems, including neurological problems.  The Larsens have denied ownership of the dogs which, they say, are owned by Renee Roske.  Ms. Roske is the owner of Wags ‘n Wiggles, a Snohomish kennel also under investigation by the Sheriff’s office.  Acting on a lead from this raid, the authorities also raided another kennel in Mt. Vernon and seized 450 dogs.

In Washington State, a person is guilty of first degree animal cruelty, a class C felony, if s/he intentionally inflicts substantial pain or causes physical injury to an animal.  A person is also guilty of first degree animal cruelty if s/he intentionally kills an animal while causing undue suffering, or forces a minor to inflict unnecessary pain, injury or death to an animal.  Also guilty of first degree animal cruelty is a person who, with criminal negligence:

• starves,
• dehydrates,
• or suffocates an animal

causing substantial and unjustifiable pain which itself causes considerable suffering or death.

Having sexual contact, aiding or permitting someone to have sexual contact, with an animal is also considered animal cruelty, as is taking pictures or films of the same.

In these cases, the court may order the seizure of the animals.  If found guilty, a person may be sentenced to up to 5 years in prison, or a $10,000 fine, or both.  In addition, the court may order that the person:

• not harbor or own animals, or live in any home where animals are present,
• participate in animal cruelty counseling at his/her own expense, and
• cover any reasonable costs incurred for the care and maintenance of the animals taken into custody.

A person is guilty of second degree animal cruelty, a misdemeanor, if s/he knowingly or recklessly, or with criminal negligence:

• inflicts unnecessary suffering or pain on an animal, or
• if s/he fails to provide shelter, rest, sanitation, space or medical attention and the animal suffers unnecessary or unjustifiable physical pain.

A person is also guilty of second degree animal cruelty, a gross misdemeanor, if s/he:

• abandons an animal, or
• as a result of being abandoned the animal suffers harm, or
• the abandonment creates an imminent and substantial risk of harm to the animal.

A defense to a charge of second degree animal cruelty is economic distress beyond the defendant’s control.

A misdemeanor is punishable by up to 90 days in jail or a fine of up to $1,000, or both.  A gross misdemeanor is punishable by up to 1 year in jail or a fine of $5,000, or both.

According to the Humane Society of the United States, every year we kill (i.e., “euthanize”) some 3-4 million dogs and cats!  Adopting from a shelter should be your viable option before you buy from a pet shop or a breeder.  Remember, that dogs coming from a puppy mill end up in pet shops.  Often these dogs will suffer severe mental and physical disabilities due to the lack of care and socialization they received during the first formative weeks.  Regardless of the source of your next companion animal, do them and yourself a favor and spay or neuter as soon as possible

For more info: Humane Society of the United States statistics on euthanasia: www.hsus.org/pets/animal_shelters/common_questions_about_animal_shelters_and_animal_control.html#How_many_animals_enter_shelt; facts about puppies from puppy mills: www.hsus.org/pets/issues_affecting_our_pets/get_the_facts_on_puppy_mills/; Puppy mill rescue organization: www.puppymillrescue.com/; First degree animal cruelty: apps.leg.wa.gov/RCW/default.aspx; Second degree animal cruelty: apps.leg.wa.gov/RCW/default.aspx; Penalties: apps.leg.wa.gov/RCW/default.aspx

Steps to forming a non-profit organization

This multi-part article provides a summary of the steps needed to incorporate an organization in Washington State as a non-profit entity, and seek tax-exempt status under Chapter 26, Section 501(c)3 of the Internal Revenue Code.

Part I

Part I provides some statistics and facts, as well as outlines the initial decisions you will have to make before you proceed with the paperwork.

Statistics and Facts

According to the 2008 Nonprofit Almanac[1], there were approximately 1.4 million non-profit organizations registered with the IRS in 2005.  Nearly 63% of these are registered as 501(c)3 public charities, with over 32% providing “human services.”  Over 500,000 organizations collected more than $25,000 in gross receipts during their fiscal year.

According to the University of Washington’s Evans School of Public Affairs[2], there were 79,007 entities registered as non-profits in Washington State. Of these, 22,972 were registered as 501(c)3 public charities.

These figures should not necessarily discourage you and, in fact, may encourage you.

One fact that few people seem to know is that, incorporating as a non-profit in a state of your choice is a relatively easy process.  However, obtaining non-profit status from the Secretary of State does not automatically grant federal tax-exempt status.  Moreover, while incorporating as a non-profit organization is not arduous, obtaining federal tax-exempt status is more complicated and requires substantial work.  Of course, once obtained, more work needs to be done to maintain such a status.

Initial Decisions to be Made

As with almost everything else in life, before you start your paperwork, there are a few decisions you will need to make.  For starters, you will have to decide whether you will be a mutual benefit or public benefit organization.  If the latter, then you will have to decide whether the organization will be exempt from federal taxes as a social welfare organization or a public charity.  Again, if the latter, you will then need to determine whether or not you are a private foundation.

Mutual Benefits organizations are formed and operate primarily for the benefit of some group, often called “members.”  Examples include business leagues and condominium associations, social and recreational clubs, and groups like mutual water companies.  Public benefit organizations include religious, scientific, charitable and educational groups.  Their goals and purposes usually confer benefits of their work on large categories or the public.  Social welfare organizations usually focus on achieving their goals through advocacy and other efforts to influence public policy.  Public charities receive the bulk of their money from relatively small donations from a large pool of donors or sources.  Organizations that cannot meet the “public support” standards established for public charities; are designated as private foundations.  This classification imposes greater constraints on the operation of the organization.

In part II, we will review the steps needed to incorporate as a non-profit organization.

EcoStar Law, LLC is a law firm specializing in veterinary malpractice, pursuing claims where your animal companion has been injured, killed or abused, defending activists, mediating custody disputes, animal cruelty, service animals and discrimination, and any case defending the rights of animals, and those who risk their freedom for them.  Ecosta’rs website.

---

[1] Public Charities, Giving, and Volunteering, A. Blackwood, K. Wing, T. Pollak, Urban Institute (2008)

[2] Nonprofits in Washington: A Statistical Profile, 2008 Update, The Nancy Bell Evans Center on Nonprofits & Philanthropy, University of Washington’s Evans School of Public Affairs, S. Rathgeb Smith, N. Bell Evans (2009)

Representing yourself in small claims court

While it is never a good idea to represent yourself in a court of law, in matters where the damage sought is less than a set minimum of a few thousand dollars (i.e., from a low of $1,500 in Kentucky to a high of $15,000 in Delaware and Georgia), a person can file a claim in small claims court. While you do not have to be a US citizen to file a claim, you do have to be over 18 years of age. If you are younger than 18, you will need a guardian, parent, relative or adult friend to sue on your behalf.

Effectively representing yourself in court requires you to know some fundamental legal concepts, as well as courtroom etiquette. There are many rules and procedures which can trip those who ignore them. And then there is the matter of collecting on the judgment if you win. There is a reason attorneys have to go to school for a minimum of 3 years and pass a rigorous exam before they are allowed to practice law.

While small claims courts of every state have different rules of procedure, there are certain fundamentals which are applicable to all. This article is intended to provide some basic or fundamental principles which may help you. However, this is not an endorsement of Pro Se representation.

Courtroom Etiquette

Courtroom etiquette is very important and lets the judge know that you have done your homework and are prepared. Judges are often faced with pro se plaintiffs and/or defendants who are unprepared. This leads to extreme frustration on the part of a judge and may influence his/her rulings. By observing courtroom etiquette, you will set yourself apart.

• Be early. If you are late and the judge as already called your case without you being present, s/he may have dismissed the case or entered a default judgment against you if you are the Defendant. Being early also lets you sit back and relax for a while before you have to go before the judge. Most people find that going to court is a nerve-wracking experience. Being comfortable with your surroundings, having heard the judge deal with the parties before you, and having time to catch your breath, will allow you to be relaxed and more coherent when it’s your turn.

• Dress appropriately. This may seem superfluous advice. However, too many times Pro Se individuals show disrespect to the court by dressing inappropriately. While you do not have to wear a suit if you’re a man. The way you dress should convey the message that you take the matter at hand seriously, that you respect the rule of law and the judge. While a suit is recommended for men, a clean pair of trousers (please no jeans), shirt, tie and jacket will do nicely. Remove all head gear (i.e., hat, baseball caps, winter cap, etc.) before you enter the courtroom. Better yet, don’t wear it to court. Please make sure that you socks, shoes, belt and tie all match. For women, a conservative skirt (i.e., no mini-skirts) or pants (i.e., no hot pants, or Capri pants), blouse and jacket will also do nicely. Please no deep décolletage and/or gaudy jewelry. Both men and women should remove their sunglasses if any.

• Make sure that your cell phone and/or beeper (do people still use these?) are turned off. Do not leave them on “vibrate.” They remain audible, sending a message to the judge that you have more important matters to attend to (and if you do, then why are you there?), and will only serve to distract you.

• Sit in one of the back benches until your case is called by the clerk of the court.

Courtroom Procedures

• Your case will be called by the clerk of the court. You should stand up, state “present” loud enough to be heard by the judge, and approach the judge (also called “approaching the bench”).

• Introduce yourself politely, referring to the judge as “Your Honor.” A simple: “Good morning/afternoon your Honor, my name is Joe Public and I am the plaintiff/defendant in this matter”, will do nicely.

• Speak loud enough to be heard, and speak slowly so you can enunciate properly.

• The judge will ask each side to state their case. The Plaintiff will go first, followed by the Defendant.

• Address yourself only to the judge, never to your opponent.

• Never interrupt the judge or your opponent. If you are interrupted by your opponent, remain silent and wait until s/he is done before you resume speaking. In the interim, take notes so you can refer to what s/he said in addressing the judge.

• When the judge asks you a question, think about it for a second before you answer. Take the time to compose your answer in a manner that addresses the judge’s question directly and presents your position in the most favorable light possible. If you don’t know the answer to a question, say so. Judges will more likely than not be able to tell when you are making it up. They’ve been there and seen it before.

• Have all of your evidence (i.e., cancelled check, contract, lease, etc.) properly arranged and ready to be referred to during your trial. Prepare copies of each piece of evidence so that you can hand the original to the court, provide a copy to your opponent, and keep a copy for yourself.

• If you are going to have witnesses testify at trial, it is advisable to subpoena them to make sure they are present. If a witness is not present, then you will have to proceed without him/her. The judge will not postpone or reschedule the trial.

• Stick to the issues and avoid emotional outburst or words.

• If you don’t understand something, ask the judge for an explanation when it’s your turn to speak.

• Never roll your eyes, sigh loudly, or make any other gesture and/or sound which shows that you disagree and/or don’t believe your opponent or, worse, disagree with the judge.

• The judge may not hesitate to impose severe restrictions if you are disruptive, clearly lacking in knowledge, or engage in improper or abusive practices.

• An offer of settlement may be made by the judge or your opponent during the trial. Ask for a moment to think about it before you accept or refuse. Think about the offer without getting your emotions involved. Is it a fair (in a non-emotional sense) offer? If so, take it.

After the Trial

• At the end of the trial, the judge will almost always immediately rule for either you or your opponent and enter judgment. Sometimes, however, the judge will want to take additional time to review the evidence or research case law. In which case, the judge will state that s/he is taking the case “under advisement.” If this happens, you will receive a copy of the judgment in the mail at a later time.

• If you win, you now have to collect your award. While a losing defendant may voluntarily pay the judgment, it is possible s/he won’t. If that’s the case, there often are rather complicated processes that you will have to go through in order to turn the court’s judgment into cash in hand. If the defendant does not have any property that is subject to collection, you may win a judgment but never collect anything! In fact, many judgments in small claims court are never satisfied. The usual methods of collecting a judgment include execution and wage garnishment.

• If you or your opponent are not happy about the judgment, you can file a written “motion for a new hearing”, which must file within 10 days of the judgment (not the date you received it if it was mailed). You or your opponent may also appeal to the circuit court. In such a case, an attorney should be consulted (an attorney should be consulted in any event) as the rules and procedures for an appeal can be quite complex.

I would be remiss if I didn’t encourage to visit the courtroom where your trial will take place before your trial. This will make you familiar with your surroundings and will hear and see how the judge proceeds, as well as be able to observe how other pro se plaintiffs and defendants present their case.

Additional Resources

• Nolo’s Everybody’s Guide to Small Claims Court

• Represent yourself in court : how to prepare & try a winning case, Paul Bergman and Sara J. Berman-Barrett

At EcoStar Law, Jean-Pierre Ruiz focuses his practice on helping people with animal companions, as well as for-profit and non-profit companies providing goods and services to animals. www.ecostarlaw.com

The information presented herein is not intended to be, and should not be considered to be, legal and/or legal advice. The information is provided for information purposes only. The information may not be complete, accurate or applicable for any particular situation and should not be relied upon. Please consult an attorney for legal advice.

Washington legislature enacts bill to allow court to grant custody of pet

Recognizing the link between animal abuse and child abuse and domestic violence, the Washington State Senate last week approved, by a vote of 35-9, a bill which defines companion animals as “personal property” in cases of domestic violence requiring protective orders. Representative Brendan Williams, (D., 22^nd District – Olympia) had been the prime sponsor of the Bill, known as House Bill 1148, (HB1148, http://dlr.leg.wa.gov/billsummary/default.aspx?Bill=1148&year=2009) with Representatives Rodne, Simpson, Upthegrove, Haigh, Nelson, Rolfes, Sullivan, Hunt, Liias, Chase, Moeller, Goodman, Ormsby, Hursts, Kenney, Kirby, Eddy, Conway, Pedersen, Dunshee, Dickerson, Hasegawa, Sells, Appleton, Campbell and Herrera as sponsors. The Bill had previously passed the House on February 23^rd.

As it stands, the Bill:

• Allows a court, when issuing a domestic violence protection order, to grant the petitioner exclusive custody and control of any pet
• Prohibits the respondent from knowingly coming within, or knowingly remaining within, a specified distance of locations where the pet is regularly found.
• Makes it a gross misdemeanor for a person to violate a provision in a protection order that prohibits the person from committing acts of violence against or the harming of a protected animal, or prohibits interference with the petitioner’s efforts to remove a protected animal.

This is the same version of the Bill which was reported out of the Senate Judiciary Committee last year, but died in the Senate.

Opponents of the Bill, for their part, were concerned that protective orders are being used, or misused, as a tactical device in divorce proceedings. Furthermore, opponents argued that the language of the Bill was vague and that existing animal cruelty statutes provide sufficient protection.

It is indisputable that several studies show that a batterer often harms or threatens to harm a partner’s animal companion. Hence, Franck Ascione reported that 74% of the women he surveyed were pet owners (Cruelty to Animals and Interpersonal Violence: Readings in Research and Application, Purdue U. Press, 1998). According to him: “Nearly three-quarters .[] reported that their male partner had threatened to hurt or kill and/or had actually hurt or killed one or more of their pets [.] Actual harm or killing of animals was reported by 37% of the women with pets.” More recently, Ascione found that battered women were almost 11 times more likely to report that their partners had physically abused a pet. Furthermore, 48% of the battered women delayed leaving their partner to prevent their pets from being abused. (Battered Pets and Domestic Violence, http://vaw. sagepub.com/cgi/ content/abstract/13/4/354).

The Bill, if enacted, could significantly reduce the incidences of divorcing or separating parties using a companion animal to threaten or intimidate his/her partner (usually his). However, unfortunately, again no one is asking what is in the best interest of the animal. We will cheer the day when the courts appoint a guardian to do so.

Arbitrator values Chihuahua at $35,000

On June 21, 2007, Aliaksandr Rashchuk shot Tia, a Chihuahua, with a 9mm handgun. At the time, Tia had been let out into her owner’s fenced backyard. After the shooting, Tia’s owner, Sandra Giurbino, carried Tia to the emergency veterinary hospital which happened to be down the street from her house. Given the severity of her injury, the prognosis was poor and would have required Ms. Giurbino to expand several thousands of dollars in fees, money she did not have and could not earn. Tia was therefore euthanized.

Rashchuk was subsequently apprehended by the authorities. At the time of the shooting, Rashchuk, who was 20 years old and Ms. Giurbino’s neighbor, had been drinking heavily with two friends, 21-year old Vitaly Zubik and Aleksey Buzunov. At some point, the group decided to go to purchase some beer. Upon their return, they parked their car just behind the fence separating Rashchuk property from Ms. Giurbino’s, where Rashchuk passed out in the car from the alcohol. Some time later, Rashchuk was startled awake either by Tia’s barking or his friend, Wubik, starting the car. Rashchuk then took out a 9mm and shot Tia. Zubik then drove away from the scene and the trio was apprehended some time later still drinking.

Rashchuk pled guilty to first degree animal cruelty, while Zubik pled guilty to attempted first degree animal cruelty. Ms. Giurbino sued all three men. The matter was referred to arbitration.

The arbitrator first found that a “strong, long-term and loving bond existed between Ms. Giurbino and Tia.” The arbitrator further found that “Tia’s death and the circumstances leading to it, caused Ms. Giurbino significant grief, emotional distress and disruption in her life.” The arbitrator went on to find in favor of Ms. Giurbino in the amount of $5,000 against Zubik finding that the act of driving away after the shooting contributed to Ms. Giurbino’s distress. The arbitrator then found against Rashchuk in the amount of $15,000 for the intrinsic value of Tia, another $15,000 in emotional distress, plus statutory costs and $150 in veterinary bills.

EcoStar Law, LLC is a law firm specializing in veterinary malpractice, pursuing claims where your animal companion has been injured, killed or abused, defending activists, mediating custody disputes, animal cruelty, service animals and discrimination, and any case defending the rights of animals, and those who risk their freedom for them.  www.ecostarlaw.com

Is A Portugues Water Dog For You?

So the First Family has a new dog, a Portuguese Water Dog.  Of course, just as people rushed to acquire Dalmatians in the wake of Disney’s 101 Dalmatians, it is likely that many will rush to acquire Portuguese Water Dogs.  While this may be the right choice for the Obamas, the breed may not be the right choice for you and your family.

The Portie, as the dog is known, were once bred to herd fish into fishermen’s nets off the coast of Portugal, to act as couriers between ships or between ships and shore, and to retrieve lost tackle or broken nets.   Though they are non-shedding, which has made them popular recently, there is no scientific evidence to support the allegation that they are hypo-allergenic (that is safe for people who are allergic to dogs).

Porties tend to be quiet, they do have a multi-octave vocal range which they are prone to use when their home is approached.  They will also vocalize their desires to their caretakers.  And it is a loud bark.  Porties are thought to be loving, independent, intelligent and are easily trained in obedience and agility skills.   Needless to say, because of their breeding and their level of intelligence, Porties require consistent attention in the form of regular and vigorous workouts and mental challenges.  When bored, Porties can become destructive, getting into garbage, snagging food off a kitchen counter, and learning to open pantry or cabinet doors.     Because they tend to form very strong bonds with the alpha in the family, it is a dog that tends to do very poorly if left alone, indoors or out.   Hence, this is not a good companion to acquire if you are a couch potato.

As with all pure breeds, Porties have a tendency to experience genetic defects such as hip dysplasia, cataracts, andProgressive Retinal Atrophy which causes night blindness and may lead to complete blindness.  The breed is also susceptible to ingrown eyelashes, which requires surgery to correct.  As any family member, a Portie will require costly medical assistance if any of these conditions develop.

While a Portuguese Water Dog, or some other pure breed, may be the perfect dog for you, please remember that over 25% of the dogs awaiting adoption at shetlers are pure bred.  At any time, there are on average over 100,000 dogs awaiting adoption.  Remember also that non-pure bred are believed to have less health issues and behvioral problems.  Of course, as usual, whatever dog you get please be responsible and neuter or spay your dog.  The 3-4 million cats and dogs killed (i.e., euthanized) every year in the US, representing 58% of the animals entering shelters annually,  could be avoided if everyone spayed or neutered their pet.

EcoStar Law, LLC is a law firm specializing in veterinary malpractice, pursuing claims where your animal companion has been injured, killed or abused, defending activists, mediating custody disputes, animal cruelty, service animals and discrimination, and any case defending the rights of animals, and those who risk their freedom for them.  www.ecostarlaw.com.

Hello world!

Welcome to ecostarlaw, where I will be posting news about developments in animal laws, as well as statistics about animal welfare in general.

I am an attorney specializing in animal law.  I represent caretakers (also called “owners”) whose animal companions have been hurt or killed through veterinary malpractice, or the negligent or willful act of another person or animal.  I also represent activists who have been charged with a felony or a misdemeanor for engaging in their Freedom of Speech rights.  Lastly, I assist in the legal work to be done to establish a non-profit organizations or a for-profit company, as well as in drafting, reviewing, and enforcing contracts.

I am originally from Paris (France, not Texas).  My parents are Spanish and I spent the early part of my life between the two countries.  I have an engineering degree from McGill University (Montreal, Canada) and a law degree from IIT Chicago-Kent College of Law, where I “specialized” in litigation.  I have lived in 8 countries and 14 cities and have been in Seattle since 1998.  I am the proud caretaker of Scooter, a 15-yr old rescured Dalmatian who is a member of the Delta Society and will mesmerize you with his one brown and his one blue eye, and Mr. Beaujangles (yes, named after the song), a 7-yr old mischevious Weimeraner (are there any non-mischevious Weimeraners?). Both have a fondness for Dairy Queen.  You can find out more about me at: www.ecostarlaw.com.

New Twist on Nigerian Money Scam

There is a new twist to the old Nigerian money scam making its way to email boxes across the US. Most of us are on to the fact that it is highly unlikely (i.e., not possible) that: a) someone’s father/brother/uncle/etc. made a fortune in (select ways in which one can become a millionaire); b) that same father/brother/uncle/etc. was imprisoned but somehow managed to “hide” $10/15/20/25/50MM in some bank which won’t release the funds unless a foreign bank account is used; c) you were the lucky chosen one to receive 5/10/15% of the money if you would only be so good as to act as the intermediary. Since the plea of these unfortunate souls (how many imprisoned Nigerian multi-millionaires are there?) no longer tugs at our heartstring, Nigerian scammers are getting more … compassionate (?).

Classified ads are now appearing in newspapers (the few that are left) and online. These are usually accompanied with pictures of an adorable puppy staring at you with those puppy “take-me-home-and-I’ll-love-you-forever-I’m-so-lonely-here” eyes. Best of all (?), the puppy is FREE! Yes, you read right, a FREE adorable puppy yours for the taking. Well almost. Seems these good souls have moved or are in the process of moving and don’t have the funds to ship the puppy to you. Usually the dog is Africa. Since that might raise some alarm bells, the supposed owners are described as Americans, perhaps serving in the Peace Corps. Promises are made that the puppy will be on its way to you as soon as payment (usually somewhere between $200 and $500) is received. Of course, Murphy’s law works as well in Africa as in America, so once the funds are received, complications arise to clear customs (we know how corrupt those African government officials can be, right?) so more money is needed.

You may think that people will see through this latest scam, but plenty of people fell victim to the dream of being richly rewarded for helping the son/daughter/wife/etc. of an imprisoned multi-millionaire. And who can resist puppy eyes? Of course, there is no such puppy owned by no such American Peace Corps volunteer. Additionally, although the USDA does not keep statistics on the number of dogs who are killed while shipped by air, almost every major airline has been fined repeatedly for violations of the Animal Welfare Act[1] some 10-20% of dogs shipped (traveling?) via airplane dying in the voyage.

So, do everyone a favor and if you are in the market to become the care taker to a dog (please research the breed and make sure that it is compatible with your family setting and PLEASE spay or neuter as soon as it is advisable), go to your local shelter and pick the one whose eyes appeal to you the most. PLEASE do not buy from a pet shop as they likely come from puppy mills where conditions are atrocious and you will get an animal who will likely suffer from serious medical and/or psychological conditions.

---

[1] For example, in 1990, 32 puppies on a Delta flight and 24 dogs on a United flight suffocated after delays depleted their oxygen supplies.

EcoStar Law, LLC is a law firm specializing in veterinary malpractice, pursuing claims where your animal companion has been injured, killed or abused, defending activists, mediating custody disputes, animal cruelty, service animals and discrimination, and any case defending the rights of animals, and those who risk their freedom for them.  www.ecostarlaw.com.