Warning: Realize that putting a puppy or kitten in a window to push pets for adoption is not the issue. The real issue is how businesses can be legally FORCED to only sell animals sourced from shelters. Malls owned by Macerich, which has banned the sale of
animals “non shelter” animals in their malls, after Best Friends insisted they could position themselves directly in front of the pet store [which did not sell shelter animals] every Friday Saturday and Sunday in order to ruin the business. And ruin it they did.
http://bunnyjeancook.blogspot.com/2012/07/malls-opt-for-adoption-centers-over-pet.html When the mall rules did not allow for it, Best Friends sued and WON. and look at this unbelievable protest allowed in Oregon? http://www.youtube.com/watch?v=j6Y29Bp3POU
ALSO– recall that the ARs have long held–not to display animals at holidays because it would cause “IMPULSE” purchases of pets??! It would cause “profiteering?” So now the ARs simply give the cats away and tell people NOT to bring them to the shelters. Would THAT be a good way to bring down those kill rates on paper, since most of the killing overall, is of cats and feral cats? And then the ARs would brag that THEY dropped the kill rates? Ha Ha– maybe now you’re starting to catch on as to how the game works. The irony is that we still do rescue, even might obtain an animal to own from a shelter if it was the right animal. But these “social” engineering steps are only one giant step toward ending the pet trade and sales of regular animals. Not rescued animals.
SPCA, Macy’s Open Window Into Adoption World
How much is that doggie or kitty in the window? It could be free as part of the 27th annual Holiday Windows, a pet adoption and fundraising event sponsored by the San Francisco SPCA and Macy’s department store.
Adoptable cats and dogs will be showcased in Macy’s storefront windows at the corner of Stockton and O’Farrell streets on San Francisco’s Union Square. The event runs from Nov. 22 through Jan. 5.
Nearly 300 animals found homes during the 2012 event, during which passers-by contributed $80,000 to support SF SPCA programs.
The Holiday Windows campaign offers online viewers glimpses of the displayed cats and dogs at http://www.sfspca.org/holiday
“The Windows have become a true holiday tradition in San Francisco,” said Jason Walthall, SF SPCA co-president. “This event allows us to find homes for animals in need while also educating the public about animal welfare issues that impact San Francisco.”
Pulling designer clothing from display windows in favor of homeless cats and dogs is a welcome trade-off for Macy’s.
“Every year there is a building excitement in our store in the weeks before we welcome the puppies and kittens into the windows,” said Rise Hixson, visual manager at Macy’s Union Square. “I fall in love with at least one pet every year. It’s easily my favorite window display because of the joy it brings to so many.”
Adult cats displayed as part ofHoliday Windows are free to adopt. Other animals are available at prices ranging from $100 to $250, but the fee is waived when the adoptionoccurs on a weekday at the SF SPCA Adoption Center, 250 Florida St.
Read article above; then look below [titled Should Shelter Dogs Be sold in pet shops, not done by us] which is an online “comment” that makes sense, because we know the rescue scene and have been rescuing dogs for over 13 years—very unusual for attorneys to know rescuing, animal law, criminal law, and sometimes con law since most of criminal law IS constitutional law? And we know an illegal seizure when we see one, read about one, or listen to a story about dogs being taken.
Now, for the post below—we saw it on the link above, and let us tell you…. these are ALL valid concerns but we already know what would happen. When “people” choose shelter dogs to be resold at their “pet stores” they will be responsible for ALL of the liability, unless the shelter should have known or was grossly negligent (or possibly just negligent) for not determining the dangerousness or propensities of such dog. [We say dog because not likely cat will kill a kid] Shelters might be immune from liability as a governmental agency or possibly as a contracted agent, it would depend on the legal definition and likely state law combined. [Immunity is a loaded topic under 42 U.S.C. 1983 and we cannot go into that here right now]
In any event— let’s pretend pet store dupe- victim- owner who was dumb enough to fall for the ruse in the first place, goes to the shelter people or rescues, and takes 5 dogs; 10lb, 20lb, 30lb, 40lb and 50lb Let’s pretend the dupe owner was led to believe these are all wonderful dogs. Dupe displays the 10 and 20lb dogs, and sells without incident. 2 weeks later, dupe is notified by buyer that the 10 and 20lb dogs (bought by one person) attacked his grandson, age 4, inflicting bites to the face and hands. Hmmmm……….who is at fault? Dupe, owner or kids? Or someone else?
Second scenario: Dupe sells the 40lb mixed breed but touted as a purebred cocker spaniel. At 40lb this would be likely overweight, but anyway– owner is a novice dog owner and knows nothing about dogs. He immediately takes it to the dog park and it attacks a 7lb dog, causing extreme harm. He decides to put the dog down then goes back to the pet store to get a full refund for having sold an aggressive dog, claiming it might have hurt his family and not a dog. He also thinks he should be reimbursed for the medical expense.
Now if you think these examples are pie in the sky, we have news for you. ALL dogs can inflict harm because they are CANINES. The fact that many people are idiots shows the canine’s temperament is paramount. It is usually not possible to KNOW a dog’s temperament unless you have lived with it for some time, raised it, and know something about canines. That is why we do not recommend rehomed dogs for novice owners.
Nearly all shelter dogs are rehomed dogs and are often rehomed 3, 4, 5, 6 and more times. Do not be fooled by ASPCA, HSUS, Best Friends and the rest of the idiots. Not all shelter animals are good, and not every purposely bred animal is good either. Knowing which are actually well tempered is difficult, especially for anyone who doesn’t know dogs. Even for those of us that know dogs, it’s still partly a guessing game at times. But we realize that. Novice owners do not, and a pet store owner duped by the ARs will not likely have a clue. They will, as soon as they lose all their money, have to be sued, and find out their wonderful animal inflicted harm while the dumb owner bought into the AR nonsense 100%.
But the real reason that these “pet stores” stocked with rehomed animals is being pushed, is NOT to get these animals homes. No, 1,000 times NO. What the “petstore” purported viable model is, is nothing but a smokescreen to take attention away from the proper BREEDING of good dogs. Not cats, just dogs. When HSUS can’t get their PUPS bill passed, or whatever the bill is called for the 99th try, HSUS filters the PM message down to the footsoldiers and wanna-be’s. Stop the PMs, stop the PMs, because it resonates with people….[not smart people really…] and then let’s just replace the rehomed dogs in place of pet store animals, that’s the ticket! Meanwhile breeding for some quality animals is touted as a crime [as usual by ARs] and quality is thrown out the window. Most but not all dog-human fatalities, which are rare, are done by rehomed dogs. Very rarely does an originally owed dog ever kill someone. If rehomed dogs are only 15% of all owned dogs but inflict more than 50% of such deaths, figure it out. It’s about a 500% greater chance than not rehomed.
While we realize most people certainly don’t need a show dog, most people want a safe animal that looks halfway appealing. They are emotionally drawn to helping an animal. and that emotion is what leads to such sales, however our prediction is that only stores like Petco and Pet Smart which each own over 1,000 stores, can really afford the liability hit. While we certainly do not believe in BSL or hate dog breeds, we came upon this article re pitbulls. Notice in the pictures how small the dogs were? http://tinyurl.com/n2m7ewg [warning; this is from a site we do not favor but the author, Gary Wilkes, is well known and it was not written by Colleen Lynn]
Should Shelter Dogs Be Sold In Pet Shops? Consider the Fallout
The city of Los Angeles has outlawed the sale of pets in the city’s pet
shops. The City opposes commercial breeders, the source of most pets
for sale in the shops. Even though those commercial breeders are
inspected by USDA, the City is of the opinion that the puppies,
kittens and bunnies are not properly raised or adequately socialized.
Granted based on the law of averages, some of those animals will not
be healthy. However if a pet shop consistently receives sickly
animals from a breeder/broker the shop owner will find another source
for his inventory.
There has been some talk in Los Angeles about allowing pregnant impounded
dogs to whelp their litters so the shelters will have a good supply
of puppies available for placement. Hmmm…. I somehow doubt that the
accommodations for shelter newborns would be any different from the
conditions provided by the commercial breeders. In fact I seriously
doubt many shelters could pass USDA kennel requirements for dogs and
specifically those for mothers and newborns.
Now the City is suggesting that the pet shops be allowed to “stock”
animals from the city’s crowded shelters in an effort to reduce the
euthanasia rates and get more pets into loving homes.
HAVE THEY LOST THEIR MINDS?
I see disaster and liability issues all over this plan. If shop owners
have any idea what most shelter dogs are like, they will say “Thanks,
but no thanks”.
Before anyone concludes that I am anti-rescue dogs, let me introduce myself.
My name is Dana Johnson and I manage a Doberman Pinscher re-homing
facility (commonly referred to as a Rescue) from my 10 acre property
in Northern California. The majority of dogs here originated in
California shelters and were there as unclaimed strays or Owner
Turn-ins. The owner relinquished dogs are often there because the
owners moved but most are dumped because of aggression or other
unacceptable behavior like escaping or barking. Other pets are given
up because they need expensive medical care the owners cannot afford.
One of my first concerns with this plan is that while cutsie puppies and
kittens sell quickly from a store because they are young and
innocent, the available adult dogs from shelters are not going to
have that appealing, “I wanna be your best friend” look. No
doubt the shelters will pass along some puppies and kittens but for
the most part the majority of dogs sheltered are young adult to
middle aged dogs with unknown history. Often simple actions will set
off undesirable and sometimes dangerous behavior. Some are nervous
around children, some don’t trust people wearing hats, and others are
afraid of men with beards.
A perfect example of hidden trigger points is a pleasant Doberman
female I placed with a retired couple who had owned Dobermans before.
All went well other than sometimes in the evening the dog would stare
at the husband snarling and growling. I of course requested they
return the dog but they decided to figure it out. Turns out the
husband occasionally had a cocktail before dinner and that brought on
the dog’s behavior. Since she was never hand shy or acted as if she
had been directly abused, we could only guess that she had witnessed
domestic violence in a prior home. This trigger was not known
because no one here drinks.
Here are just some of the real concerns with this plan:
Who chooses which dogs go to the shops – the shelters or the shop
The appealing dogs in shelters will be placed as always from the
shelter. The dogs in danger of being put down are the ones with age,
health, or behavioral issues. It is unlikely that they will fare any
better in a pet shop than they did in a shelter.
Is the City Council aware that probably 75% of the LA City shelter
animals are pit bulls or Chihuahuas? Not every potential dog owner
wants a pit or Chihuahua type of dog.
Do pet shops have employees savvy enough to manage adults dogs with
What happens to the dog if it languishes in the shop for weeks or months?
Whose insurance will pay out if an adult dog reacts inappropriately
because of stress?
What sort of monetary plan is there? Do the shops “buy” from
the shelter and then add sufficient amounts to cover their
anticipated expenses of food, grooming, extra employees to manage
the necessary training and exercise needed to make the adult dogs
What happens to the dog if the buyer returns it? Is the shop stuck with a
dog that ate the couch or will the dog go back to the shelter?
Adult dogs from shelters should be the last choice for Pet Shops
Shelter puppies and/or kittens, maybe yes, but adults – no way…… Adult
dogs are not good candidates for the impulse buying “how much is
the doggie in the window” public. Life in a busy pet shop, would be
too stressful for most adult shelter dogs. Many shelter dogs are
labeled “rescue only” because their kennel stress is such that
they won’t show well on the public access “adoption floor”.
They certainly would not show well in a busy store. Few pet shop
employees will have the skills necessary to work with a shelter
dog’s mental baggage.
Anyone looking to acquire an adult dog will be wanting something that has
some manners. Few dogs in the shelter system walk well on a leash,
know what “sit” means, or are housetrained. Buyers are not
looking to take on a labor intensive project. If they are considering
an adult dog they want it ready to go so to speak. It is a pretty
safe bet that the shelters aren’t going to obedience train the dogs
prior to placing in pet shops. By the same token, the pet shops
aren’t likely to be interested in dogs that will require a minimum of
4 to 6 weeks of training before they possibly will be appealing to
Have the designers of this disastrous plan given any thought to the
liability issues involved? Puppies and kittens from commercial
breeders are blank slates and are unlikely to react aggressively to
poking fingers and squealing children running about the store. If
adult dogs with unknown history are placed in a busy environment they
will most likely react in one of two ways – retreat and shut down
because of the stress, or lash out and possibly bite in self defense
or fear. I’ll bet the Pet Shop insurance carriers are gonna be
thrilled with this liability risk.
Something else that isn’t clear to me is whose dogs are they – really… Are
they still going to be the property of the city shelter system and
the pet shop will be their “agent”? Will the shelter take
the dogs back if the shop owner deems the dog unsalable? How long do
they think it will take to find buyers for these dogs? If the dogs
fail in the pet shop environment and return to the shelter, they
likely will be euthanized. Nothing will have been gained other than
subjecting a dog to more stress.
Oh, and who will be responsible for the spay/neuter expenses? After 4
months of age all dogs in CA are required to have a Rabies
vaccination. Will the shelters spay/neuter the animals and vaccinate
against rabies before they turn the dogs over to the pet shop to
sell? The shelters certainly shouldn’t release the dogs intact and
without Rabies vaccinations. To do otherwise would be a violation of
current CA law. I wonder how they plan to recoup those expenses?
Perhaps the powers-that-be have anticipated the above noted concerns and have a plan in mind, but there is one very important player in this whole
scenario that we haven’t heard from: THE DOG
There seems to be no consideration for the emotional damage that will be
done to a dog that was abandoned, abused or neglected in its original
home, and who perhaps lived out of dumpsters for a while, and then
was slammed into a kennel in a building with hundreds of other
confused dogs, and ultimately be shifted to a pet shop’s busy
environment. Some can never recover from these experiences or if they
do, it is after weeks and months of care, training, and confidence
But, hey, it seems that in Los Angeles and other cities contemplating
similar action, the dog is simply collateral and a product to be sold
with no consideration for what is in the best interest of the dog. I
guess… who cares…. it’s out of the shelter and that was the
intent, correct?….. who cares if all this has totally destroyed the
dog’s emotional stability….. it’s not in the shelter any more
and they are all high-fiving each other for emptying the
shelters….. until it returns as a runaway, a biter, or not suitable
for family life. Euthanasia is not always the worst prognosis.