What do police dogs, dogs at racetracks, and dogs at animal fights all have in common?
The answer is as plain as the noses on their faces: They all deserve protection from cruelty and suffering, and that is exactly what they will get if a new Massachusetts citizen initiative is passed by the voters this fall.
Last year, The Committee to Protect Dogs, a Massachusetts ballot committee, collected more than 118,000 signatures to place a measure on the ballot that would:
1. Enact stronger penalties for abusing law enforcement or service dogs.
2. Strengthen the dogfighting laws by authorizing law enforcement to seize dogfighting paraphernalia and breeding dogs.
3. Phase out greyhound racing by 2008.
The measure is sponsored by the Committee to Protect Dogs and supported by the Animal Rescue League of Boston (ARL), GREY2K USA, The Humane Society of the United States (HSUS), and the Massachusetts Society for the Prevention of Cruelty to Animals (MSPCA).
But now, greyhound racetrack owners are trying to block the measure's placement on the ballot—hoping to protect their special interests and prevent a vote by Massachusetts residents. The owners have filed suit against the Attorney General, even though the state Attorney General already certified the Dog Protection Act for the November 2006 general election. The lawsuit claims that the measure impermissibly includes "unrelated" laws in one ballot question, is not sufficiently of state-wide concern to be on the state ballot, and works as an unconstitutional "taking" of property.
Man's Best Friend of the Court
To ensure that the ballot measure reaches voters in November, HSUS's legal team stepped into the fray this month. Working with the nationally recognized law firm of O'Melveny & Myers, The HSUS filed in the Supreme Judicial Court of Massachusetts an amicus curie ("friend of the court") brief in defense of the Dog Protection Act. The brief provides strong support of the Attorney General's certification of the ballot question, and asks the Court to reject each and every one of the plaintiffs' claims.
For example, the brief points out the fundamental flaw in plaintiffs' attempt to deny the voters their right to vote yes or no on the Dog Protection Act. It notes that plaintiffs' opposition to such legislative changes "only entitles Plaintiffs to vote against the Initiative. It does not entitle Plaintiffs to preclude other Massachusetts voters from having their say."
The brief also refutes the claims that the measure's provisions are unrelated, concern only "local matters," and would constitute an impermissible "taking."
"The Act's numerous provisions improve the Commonwealth's animal cruelty and dogfighting laws, which clearly have equal applicability throughout the Commonwealth," the brief explains. "And because any citizen in the Commonwealth may be adversely affected by the inhumane treatment of racing dogs—even if the racing track is in a different locality—the dog racing provision also cannot be relegated to 'local matters' status." In other words, because animal cruelty has implications for all Massachusetts residents, those residents, not just racetrack owners, have a right to make decisions about the laws governing animal cruelty.
The brief continued, "Plaintiffs' last-ditch attempt to quash the initiative as an unlawful taking does not withstand scrutiny. The dog racing ban does not 'take' anything from Plaintiffs, who have numerous other uses for their land and equipment. Moreover, it is within the government's police power to enact legislation to protect the community, even if doing so interferes with a citizen's property rights."
"Race track owners are trying to prove the absurd premise that protecting dogs at race tracks, protecting dogs at dogfights, and protecting dogs at crime scenes are somehow totally unrelated subjects," said Jonathan Lovvorn, Vice President of Animal Protection Litigation for The HSUS. "The Dog Protection Act protects dogs—nothing more, nothing less."
A Dog's Life
Working on the front lines every day to make our lives safer, law enforcement dogs are indispensable to many police and military units. These dogs are often the first to survey dangerous crime scenes involving drugs, bombs, or other high-risk situations, and are frequently targeted because of their role in sniffing out drugs and explosives. And guide dogs help many blind and disabled people. The Dog Protection Act will enact strong penalties for abusing these working dogs during the commission of a felony.
Dogfighting is a violent blood sport in which dogs are forced to maul each other until one of the animals is unwilling or unable to continue. Dogs who survive these fights often receive little or no care for broken bones, deep bite wounds, and internal injuries. In Massachusetts, law enforcement agencies have investigated, prosecuted, and obtained convictions of people engaging in dogfighting. But due to the underground nature of this activity, dogfighting has continued; as things stand now, police officers are not specifically authorized to seize breeding animals and dogfighting paraphernalia. The Dog Protection Act will close a loophole in state law, providing officers with the tools they need to combat dogfighting and to provide greater protection to dogs.
The greyhound racing industry is cruel and inhumane. While at the racetrack, hundreds of greyhounds are confined in small cages for long hours each day. But even before they make it to the track, thousands of greyhounds are bred to compete every year, with only a fraction of those surviving. Those not deemed racetrack worthy are killed. Those who do make "the cut" are literally running for their lives. In 2003 alone, an estimated 7,500 to 20,000 greyhounds were euthanized simply because they couldn't run fast enough. Rescue and retirement groups cannot absorb the number of racers who need good homes. The Dog Protection Act will phase out greyhound racing by 2008.
"Dogs play an important role in our lives and deserve to be protected from individuals and industries that would do them harm—such as dogfighting and dog racing," said Michael Markarian, Executive Vice President of The HSUS. "It is wrong to treat them in a cruel manner, and the Dog Protection Act creates stronger laws to promote the welfare of man's best friend."
Join the Pack
If you live in Massachusetts, please make sure you are registered to vote in the 2006 elections. Your vote is a voice for the animals, so please let them be heard. Volunteers are also needed to help with the next phase of the campaign. Click here to sign up as a volunteer. Learn more about 2006 ballot initiatives to help animals here.
