What does Texas' new dogfighting law mean to you?

Dog owners have been asking questions about the new dog fighting laws that will go into effect September 1, 2009 in Texas as a result of the passage of SB554.
Owners who want nothing to do with the crime of dog fighting are concerned that the new law seems to classify many common objects such as water bowls and harnesses as dog fighting paraphernalia.

First, let’s review existing law. It is a state jail felony to fight dogs, whether for monetary gain or not. In addition, it is a state jail felony to participate in dog fighting monetarily or to allow dogs to be fought on ones' property. It is already a Class A misdemeanor (up to a year of jail time/$4000 fine) to attend a dogfight, or to “own(s) or train(s) a dog with the intent that the dog be used in an exhibition of dog fighting.”

Texas has had an intent law for some time, but it was not illegal to possess “dog fighting equipment.” Responsible owners want to know: “Will I be unjustly accused? Do I have to change how I exercise my dogs?” The ACLU opposed SB 554 due to concerns about overly broad interpretations of the law.

The new law makes it a Class A misdemeanor to possess “dog fighting equipment” with the intent that the equipment be used to train a dog for fighting or is used in the furtherance of dog fighting. Dog fighting equipment is defined as: “equipment used for training or handling a fighting dog, including a harness, treadmill, cage, decoy, pen, house for keeping a fighting dog, feeding apparatus, or training pen.” (Source: Article 18.18(g), Code of Criminal Procedure). In addition, it adds penalties for criminal gangs who engage in fighting dogs.

The above list of “dog fighting equipment” has existed in the Code of Criminal procedure for some time, in connection with disposition of contraband (gambling equipment, prohibited weapons, etc.). The state was already able to seize this equipment from someone convicted of dog fighting.

Intent is open to interpretation. It is much more likely for a bull breed owner to be accused than a husky owner with the same equipment. As if bull breed owners needed another reason to be more conscientious than owners of other breeds, here is one more.

Even though America watches Cesar Millan use treadmills to exercise dogs on his television show every week, some people believe that only dogfighters use treadmills. Some may equate spring poles, jennies, weight pulling equipment, and even the dogs themselves with dog fighting. Dog owners who are good neighbors, keep a clean yard, obey all local laws, and have friendly, well-socialized dogs will help the public see exercise equipment in a positive light rather than in a negative one.

Any dog owner who is told that he or she possesses illegal equipment should ask to see a copy of the ordinance. In unincorporated areas unless the county has created another law, the state law applies – it is still legal for law-abiding citizens to possess these items. And as always, no pet owner should ever let anyone onto the property or surrender any dogs or property without a warrant signed by a judge.

Responsible dog owners don’t have to change, but it gives bull breed owners another occasion to ask: Am I doing everything I can to promote a positive image of the breed and to educate other owners? Abusive dog fighting intent cases have not hit the courts in the past, but if they do we may see defendants filing appeals and winning.

Note: The above article was fact-checked by an attorney but was not written by an attorney and is not intended to be legal ad vice.

http://www.examiner.com/x-2924-Dall...at-does-Texas-new-dogfighting-law-mean-to-you

 

These dog fighting equipment laws are spiraling dangerously out of control so quickly it is scary. I do rescue, and am constantly rehabbing and bringing in new foster dogs. I've gone through the lists in many counties and read through various pamphlets given to police to teach them about "signs of a dog fighter" and I guess I am "more than likely to be a dog fighter" because I feel high protein food, have tons of books on the history of the American Pitbull Terrier, and bother to exercise my dogs.

I actually had a neighbor call Animal Control and claim I was "training my dog to fight and bite people by tormenting him and letting him struggle on a rope" - the ACO came down and saw clearly that my animals were all well cared for, etc - yet her advice to me was "I know there is no law against having a spring pole in Massachusetts, but I advise you to take it down and stop using them with your dogs as it has a negative stigma. You know you can just play tug with them instead right?"

I informed her that this was my current fosters favorite toy, and that no I could not "get the same results" from playing tug. This dog would play tug with a rope for 8 hours if he could and not get tired - I simply do not have the energy or strength to keep up with him and tire him out in a game of tug. If I let him play on his spring pole for an hour he is a whole different dog. I also told her exactly what was said in this article - if you force all the good people to stop using toys simply because people feel "dog fighters" are the only ones using them, then the image will never change and the public will never learn. You are demonizing a TOY - one that is advocated by just about every major pitbull rescue organization that I have ever had the pleasure with speaking with or researching.

But I guess my dog can't play with his favorite toy - because rather than educate the people who call Animal Control - the officers would rather look at you like you are a suspect or tell you that you cannot do something that is 100% with in your legal rights. (At least for now there is no law where I live that defines spring poles as illegal - god knows how long that will last with the way things are going all over right now).

 

It means you're F5cked if they think you might even fancy the Idea.

 

Laws like this make it so much easier to have your dogs taken and killed just because the law fancies to do so. You dont have to break the law, mistreat your dogs or anything.

If you feed and exercise a pit bull- YOU ARE SUSPECT.

It's like that a lot of places. . . and the HSUS and other "humane" organizations thrive on laws like these which basically throw the burden of proof out the window.

 

Correct me if I'm wrong but all the dog fighting paraphanelia seems like shit every responsible pet owner should have.. Basically if my dog has a scar and I have a bag of eukanuba I'm gonna have to go to court...lol...

 

Seems like a dog doesn't even have to have a scar if they want to get you on 'intent' :eek:

 

Is there anything being done to combat this decision?

 

Too many good Bulldogs in Texas for Texans to let that shit happen. Why isnt anyone marchin??? I know its hot but damn. You just gonna lay down and get banged?

 

That is the scary part to me Nell. What intent boils down to is that you can be convicted of a crime you never committed. God Bless the USA and Democracy and all that huh?

What is even more scary is that this not just happening with dog fighting laws. Look at any legislation being passed lately - wording is becoming more and more generalized and vague, laws are being passed that can just as easily be used to prosecute a law abiding citizen as a criminal. We have seen it over and over again with dog laws and it is not stopping there.

Did you know the US is currently discussing rewording our constitutional right to bear arms to be a privilege to bear arms? A privilege can be taken away at any time, even if you are following the guidelines to a tee. The Patriot Act is being used against citizens rather than terrorists, everyone who dares exercise and feed their dogs is a dog fighter, our country is just plain going down the drain.

The best part? We are standing idly by like chumps and just taking it up the behind. So much for a government by the people for the people....

 

“equipment used for training or handling a fighting dog, including a harness, treadmill, cage, decoy, pen, house for keeping a fighting dog, feeding apparatus, or training pen.”

So if you crate your dog than you are fighting your dog WTF
What is a feeding apparatus...a bowl???

 

Its not that they(TEXANS) are prone to follow like sheep or straight up the asshole but more like having the feeling that despit how we feel and how much is used to fight back it gets standstill.

 

lol. I suppose i will go down fighting!

 

Ouch, Government takes it too far, feeding apparatus classed as dog fighting equipment? aahhaha

 

all of these new laws are deeply saddening to me. Originally being from Texas and seeing as how i am now the proud owner of an APBT im watching all of my hopes of ever bringing my dog back with me go out the window.

 

I was thinking the exact same thing...I was born there, all my family is there, and now Im double thinking going back