Judges rule on proper value of a dog's life

What is the proper value of a "dog's" life? That is a question debated in legal circles for decades.

The law in Georgia still views pets as nothing more then a person's property. Yet, many county's have implemented new animal ordinances which seem to ignore both the premise that the state is not entitled to seize property without "due cause" and without upholding the constitutional issues related to due process.

"Freedom just around the corner from you

But with the truth so far off, what good will it do?"

The truth is Gwinnett's revised animal ordnances, passed in January of 2007, grant huge discretionary power to the county attorney's office in seizing, impounding, or forcing citizens through threats and intimidation to get rid of pets even over such mundane violations of the county's public nuisance animal laws.

What is even more ironic is the law was drafted, passed and is now being enforced by the county solicitor who lauds herself as an animal advocate.

"Friend to the martyr, a friend to the woman of shame,

You look into the fiery furnace, see the rich man without any name."

There is an extreme disconnect between advocating for the safety and well being of animals while proposing laws that land these animals in high kill shelters for minor infractions.

Drafting and passing an ordinance which even allows fines of up to $1,000 and jail time for up to six months on pet owners is an unusual way for the county to advertise itself as a great place to raise your family especially if that quality of life includes owning pets.

If the county continues with it's policy of treating pet owners as criminals won't we morph into a community where only criminals will own pets?

Those of us who "own" pets know better. We do not place a "replacement' value on what we view as a priceless part of our lives. A true animal advocate understands that domesticated pets are far more then simply pieces of property we own but intrinsic parts of our family that are entitled to be kept safe and protected - even if that protection is against the county judicial system itself.

"Well, the rifleman's stalking the sick and the lame,

Preacherman seeks the same, who'll get there first is uncertain.

Nightsticks and water cannons, tear gas, padlocks,

Molotov cocktails and rocks behind every curtain,

False-hearted judges dying in the webs that they spin,

Only a matter of time 'til night comes steppin' in."

Is the Gwinnett of the future nothing more then the mess we now call Atlanta? Will Gwinnett continue to push aside responsible citizens turning this county into a Clayton County quagmire? Affluent communities are nothing more then the sum product of those who choose to call it home. When that product is made up of negative influences Is it only a matter of time before night comes steppin in?

There has been an outpouring of opposition to the county's flagrant attacks on pet owners with demands that the animal ordinances once again be revisited in order that those laws represent the core values of our citizens concerning the role of our family pets. The county attorney's have once again missed the entire point in that the minor changes that have been proposed do not deal with the core issue that the county does not have the right to take property from it's citizens without equal due process being afforded to those charged with violating that same ordinance.

Just to be clear, pet owners are not entitled to a trial by jury in recorder's court. Further, there seems to be an air of arrogance with a county solicitor's animal advocating office that makes it it's own rules of discovery by lowering the bar of a defendant being guilty until and if they can prove innocence beyond a reasonable doubt as opposed to a recognized standard that people are indeed innocent until the state proves their guilt.

This whole process makes a mockery of justice in our county court with an assumption that the court's primary function is to extract and generate revenue for the county as opposed to being a court room where justice is served. Maybe it's a little too much to expect our county courts to understand the role pet's play in a community's vibrant lifestyle but what excuse do our elected officials have?

Judges rule on the proper value of a dog's life

http://www.sj-r.com/homepage/x2094350144/Dave-Bakke-Judges-rule-on-the-proper-value-of-a-dog-s-life

Some families wouldn’t take a million dollars for their pet. But, to the law, a family pet may be nothing more than a piece of property.Molly is a dachshund and is part of the family as far as Mark and Mindy Leith and their boys, Corbin and Colby, are concerned.

At the end of April 2006, Molly, who was 7 years old then, was in the Leiths’ back yard in Lincoln. Another dog, allegedly their neighbor’s Siberian husky, Cosmo, got out of its yard, over or under two fences, and attacked Molly.When Mindy Leith got home, the attack was under way. She saw Molly being ripped apart by the bigger dog she recognized as Cosmo. Mindy got between the dogs, kicking the attacker, which growled and lunged at her while a bleeding Molly crawled under a table, her body torn open.

The Leiths rushed Molly to their veterinarian in Atlanta. They were told to take their dog to the animal hospital at the University of Illinois immediately if they wanted to save her. There was no hesitation.Molly spent three days in intensive care in Urbana.

The Leiths visited every day. Their dog had four broken ribs, muscle damage, a punctured lung and cracked vertebrae, but she lived. The cost of keeping Molly alive was $4,784.72.

The Leiths took out a loan to pay the bill.In 2007, the Leiths sued Cosmo’s owner, Andrew Frost of Lincoln, for their medical and travel costs.

On Sept. 26, 2007, in Lincoln, 11th Circuit Court Judge Paul Lawrence found Frost negligent and that Cosmo had indeed attacked Molly. However, the judge awarded the Leiths just $200 despite the fact that they were out more than $4,700 in vet bills.

The judge based the damages on testimony from an area kennel owner and dachshund breeder. She testified that a dog Molly’s age and breed is worth $200, tops. The judge found that, according to Illinois law, the damages awarded by the court could not be more than the dog — their property — is worth.Illinois law can treat a pet as if it were a car. If a car is worth $5,000 and the owner pays a repair bill twice that amount, then goes to court to recover the $10,000 from the driver who hit him, the court would probably rule that the owner cannot be awarded more than the value of the car.

The only time intangibles come into play is if the monetary value of the car, pet or family picture of Aunt Matilda is negligible, perhaps having only emotional value to the owner.

Both sides appealed Lawrence’s ruling to the 4th Circuit Court of Appeals in Springfield. The Leiths argued that the damages should be higher. Frost said there is no proof that it was his dog that attacked Molly so he shouldn’t have to pay anything. Attorney Nick Burgrabe of Lincoln represented the Leiths, and Andres Padua of Bloomington argued on behalf of Frost.

The Leiths testified that Molly is like a member of their family. She goes with them on vacation. She sleeps with the boys. Anyone who has ever had a beloved pet knows you can’t put a price tag on that. But if you could, it would be more than $200.On New Year’s Eve, appellate court Justices Thomas Appleton, Sue Myerscough and Robert Steigmann agreed. Appleton wrote the decision.

The crux of it is that Molly’s market value at the time of the attack was negligible. The judges questioned whether anyone would pay $200 for a 7-year-old dachshund that was not a show dog.But, Appleton wrote, the Leiths “demonstrated how much Molly is worth to them by paying $4,784 for the dog’s veterinary care.”

The family, said the court, should be awarded the full amount.Padua said it is too early to say whether Frost will ask for a rehearing or take this to the Illinois Supreme Court.Molly had no comment other than a wag of her tail.

Dave Bakke can be reached at 788-1541 or dave.bakke@sj-r.com.