Spindletop Attorney goes after Marabito Blogger: The Fight is On

http://doggirlpitbull.blogspot.com/2012/08/spindletop-dog-killers-try-to-shut-down.html

http://freepdfhosting.com/6766727fe4.pdf

OK OK OK    Y’all know that we know something about pitbulls, the laws on BSL and cases on BSL and other topics involving bully dogs.   And we kinda know the reputation behind Spindletop, having supposedly been involved in helping along the debacle that ensued out of the Vick case.  And we kinda know about Marabito, a definite diehard for bullies, having worked in San Francisco and getting sick of what was going in the shelter with that what’s his name guy in charge there?  But then we do defense work as well, so we can see many sides to all the accusations.  By this, we are talking about the attorney claiming Marabito is somehow making up false statements.  Let’s be honest.  A false statement essentially is something that is not true.

However, it is possible to infer that something might be false, without saying it’s actually false. And a sentence or a story can give an opinion, but still be true, even if the opinion sounds like something you might not agree with. Defamation must be false in order to qualify as such, and there are other legal ramifications involved.

Depending on what one is alleging, we suppose it might be possible to violate some terms of use, depending on where one is posting, but these days everyone loves to say whatever they want online, and as the EFF (Electronic Frontier Fdn) always says, bloggers have rights.  And indeed they do.  On our impression of what Marabito has stated, we tend to side with her explanations as being sufficient. We are not taking sides with the words used themselves, because that would require inferring whether or not something was false as stated.  We didn’t memorize each sentence and are not here to say whether something is false or not.

The key is to  give one’s opinion without making any false statements. One can certainly hate anyone who has killed (think gunman/gunwoman killing Mc Donald partrons in restaurant) or someone killing children for fun (serial killers) and etc.  And anyone can certainly hate those who use deception on purpose in order to make millions (think HSUS for sure)………. but what we are talking about here isn’t exactly about someone (Spindletop rescue/kennel, whatever)  purposely killing anything.  And of course we have no personal knowledge of such a thing.

And we aren’t taking HSUS   “assertions”  in describing any conditions (such as cramped crates, dirty, or crowded) as we have seen HSUS outright make up lies about things when they never even existed at all.  Like transferring “abused” horses to a rescue, only to find they were abandoned in a field down the road, with the owners themselves finding them, having to get a court order to feed the  animals HSUS got involved with after taking them from the owners!  How insane is that?

However, even if we are to believe that fans or air conditioning broke down, which is highly possible, we would assume that this would be more likely called negligence.  If it was in California, such negligence, assuming that the electrical breakdown occurred, would have to rise to the level of gross negligence in order for animal abuse charges to bring conviction.  We assume that it would need to be proven how long the electrical was down, and how many hours could  X number of dogs survive in such  a situation, given the estimated temperature?  For example if 100 dogs were in a shelter kennel inside at the pound, and the electric fans or A/C broke down at 4am and it was 70 degrees inside,  they would need to know the ambient air temp plus the type of building, plus numbers of dogs, temperature that day, humidity,  and probably many more factors, before being able to tell how long could dogs survive if the air conditioning was down for 24hr– just an example?  Should there have been a back up generator?  Should there have been a 24hr remote monitor for air temp?  We aren’t shelter or kennel builders or engineers.  So we don’t know.  Could it be that some dogs were stronger than others and most did not perish?  We don’t know.  But we always keep in mind, since we don’t know everything that may have happened, we don’t assume we know the facts.

Another factor that we don’t think about is for people who have dwellings which do not have air conditioning. Or people who simply rent places that don’t come with air conditioning. Heating is required for habitability purposes, but amazingly, air conditioning is not.  Outside, dogs can live in 110 degrees. Of course, if there is shade and water, they surely would not be dying.  However inside a building would be different since the breathing by the number of animals inside a certain space with certain conditions can make  a difference.  But again, it’s very difficult to say since a dog can die in a car if hot enough, even with the windows open if the ambient temperature is high enough, possibly even in the shade.  And it’s a known fact that elderly people could die inside their own apartment if hot enough, with no air conditioning, but the owner of the apartment building would not be blamed.

So in the end, while we expect the defense attorney to protect her client, we also applaud Marabito for standing up for herself, rescue, and the dogs in general.  Because if we don’t do it, then who will? Surely not HSUS. and we don’t CARE how many animals they “claim” to ever rescue.

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