Education . . . a concept the animal world must embrace

In an earlier column, we discussed the inconsistent training afforded to those who are charged with the responsibility of protecting our four-legged family and friends. This is one topic you can never talk enough about.

As believers in education for the animal community and those associated with it in one form or another, my fellow examiner and I are declaring a need for change and continual dialogue on the importance of education to those responsible for the care and well-being of animals as well as a commitment to communicate both with those inside and outside the organizations they represent. This includes the citizens in each community who have a vested interest in the world of the animals that surrounds them.

Both education and communication seem to be the key linchpins needed to address the most often heard protests from animal welfare activists that focus on:

The need for stronger local, state and federal laws;
The belief that people don't care enough about animals; and
The need to severely punish offenders. Even when laws are in place, the penalty or sentencing often doesn't match the crime (too lenient).

We think this is part of the reason a plateau has been reached in making change happen. People inside cruelty investigation (i.e., animal services or humane investigators, law enforcement, courts and prosecutors) and those fighting outside for change (animal advocates, citizens, local and national organizations) need to talk, strategize and educate each other. So these two Examiner.com columnists are getting together to do just that.

There are several points we feel the need to emphasize in our quest for dialogue that benefits the animals everyone should feel responsible for. See if you agree with the following:

1. Even though laws are not supposed to work as deterrents, they do if people know about them, the chance of getting caught is high, and the punishment is severe. Laws regarding the protection of animals must receive greater attention and significance throughout all communities so they are taken seriously and have enough bite to make people stand up and notice.

2. You cannot prevent someone from acting stupid, ignorant or mean no matter how well written your laws are. You can only punish them if they get caught and can prove they broke the law. When they are being charged with a civil violation, all you have to prove is that the violation occurred and this person had the access and, in the case of animals, custody of the animal. However, if you charge with a criminal law you have to prove no one else could have done it, the person you charged meant to do it (no accident, but intent to harm) and many of these cases do not result in conviction. So no matter how great the sentence, the criminal walks. In animal cases, it seems the judicial system constantly struggles to make a firm statement that animal abuse or neglect will not be tolerated. Our judiciary needs education and a constant reminder from the community how much of a negative impact on society there is when animal abusers roam free.

3. The cost of caring for an abused animal, which is necessary if you are to save the animal and prove the condition of the animal was the fault of a person, can be hundreds of dollars a day until court. Few prosecutors can justify spending $8,000.00 on a dog's care when that money could be used to set up a computer tracking system that would follow repeat offenders of domestic violence (including to animals), rape and armed robbery. This has long been a struggle for the animal services community, especially in times of shrinking budgets, because the animal is treated by the justice system as evidence similar to that of holding a piece of inanimate property. Often the alleged four-legged victim must be held for long periods of time in a local animal facility while that facility bears the cost of care until a case is heard and a disposition made. This can place a real strain on an organization or agency purse strings while a sluggish judicial process plays out.

4. In the past, charities willing to donate the money needed to care for an animal were numerous. They expected their generosity to be rewarded with publicity for animals and a successful conviction. However, they often did not understand that a civil case that wins can have more of an impact than a criminal case that fails to change anything for the animal and for the community. One of the problems is that a "felony" law may not be as harsh as a misdemeanor in fines and possible sentencing maximums. This is the very reason those who enforce the law need to work with those who have the resources to fund prosecution and reach the media. For example, as of 2003, North Dakota’s misdemeanor animal cruelty charge can result in a fine of up to $2,000.00 and a year in jail while the maximum sentence of the felony animal cruelty charge in Alabama and Nevada is $1,000.00 and up to six months in jail; in Ohio only ninety days. In North Carolina, there is a felony provision for animal cruelty but no minimum sentence is required at all. In some cases, the felony charge can only be applied when the animal victim has died. If law enforcement is proactive and rescues the animal in time, this should not lessen the crime. This kind of inconsistency leads advocates to spend time trying to change the law instead of using the strong laws already available. There are also civil fines, such as Maryland's provision for a judge to restrict pet ownership by those convicted which, believe it or not, is not part of every state’s options. A legal consequence must change the behavior of the convicted or prevent re-offending to be of value to the community. It could still be a valuable tool if animal legal cases gain greater acceptance and greater recognition of their importance within the confines of the judiciary.

5. Animal control officers and prosecutors need information on managing the investigation, medical documentation, and prosecution of animal cruelty and neglect cases. They also have to understand how to manage the publicity these cases generate and how to work with the media to educate citizens on what constitutes animal abuse and neglect and how to prevent it. Many times misinformation (again communication and education are keys to preventing this from happening) and differences between jurisdictions result in a no win scenario for the animals. As a case in point, several years ago in Maryland, a man shot his girlfriend's cats to frighten and control her. The man was charged with animal cruelty, but walked away free because animal cruelty requires suffering as a legal point. Since a gunshot to the head is approved by the American Veterinary Medical Association (AVMA) as an emergency method of ending an animal's suffering, he was not considered legally cruel to the cats. Of course common sense would tell you it was very cruel to the girlfriend, but he was not charged with cruelty to her, destruction of property, domestic violence, kidnapping or any crime that he actually committed. Prosecutors do not always know how a court proceeding will go even if an officer presents a clear case. This is yet another example of how much training is needed to make a difference.

6. Private practice veterinarians rarely see the condition of animal victims of cruelty. In east Texas where Dr. Wendy Blount works, half of the families who have pets have more than one and do not seek veterinary services because of economic depression. Dogs with medical conditions commonly seen in shelters have rarely been to a vet, so vets do not know many common injuries of neglect such as blindness from starvation and necrotic skin lesions from exposure. Sometimes vets improperly assume that the pet was doused with acid or victimized by a cruel person. This does not play well in court even if the vet makes an honest mistake. A recent Examiner article reported a stray puppy who appeared to have no eyes, leading a veterinarian to fear the worst. Upon further examination, it could be determined the puppy might be a victim of neglect rather than intentional cruelty. Shelter workers frequently see this as a consequence of corneal ulceration from a cold or eyelid condition inherited by mastiffs and bull dogs. General practice veterinarians have no reason to seek forensic training and rarely see dogs or cats who have gone weeks without proper care so they have never seen the ravages of long term neglect. Court cases require meticulous preparation and expertise that often require advanced knowledge gained from educational pursuits and firsthand field experience. If we want courts to take animal cases more seriously, we have to level the playing field by educating those who are going to participate in the process at all levels.

In reviewing these points just noted, it cannot be understated how much the role of education and cross-dialogue amongst citizens, veterinarians, non-profit organizations and government agencies is critical to the battle of fighting animal cruelty and neglect. In all things related to animal care and well-being, people must first be educated.

At the University of Kansas, a dog-loving law student ". . . wants to make sure criminal cases of animal cruelty are prosecuted as thoroughly as violence against people." In what might be the first animal cruelty prosecution clinic at a United States law school, and perhaps a model for other law schools to follow, thirty-year-old third-year law student Katie Barnett said, "This is the chance for me to give the animals a voice and a place in the justice system."

In researching how to create the clinic, Barnett has spoken with relevant city and state agencies to make sure they would be interested in the clinic, ridden along with police, gone on checks with animal cruelty investigators and gone to court. "I spent a lot of time researching, seeing what everybody does," she said.

Getting law schools more involved is one important consideration for strengthening the fight against animal cruelty and neglect, but what about the perception of the average animal control or animal services officer that is responsible to the community on animal concerns?

According to Wikipedia, history tells us that ". . . Dog whippers were charged with keeping dogs out of churches in 16th-to 19th-century Europe; they also sometimes filled a general animal-control role in villages, confining strays. The role of the Animal Control Officer has expanded over the past few decades to rescuing animals from dangerous or abusive situations and investigating cruelty and neglect

Today, animal control or service officers may be employees of, or contractors to, a municipality and ". . . charged with responding to calls for service from the general public. Calls may include requests for help with wild animals, dangerous animals or animals in distress. Animal control services may be provided by the government or through a contract with a humane society or society for the prevention of cruelty to animals (no relation to national organizations with similar names). Officers may work with police or sheriff departments, parks and recreation departments, and health departments by confining animals or investigating animal bites to humans. Rescued animals may be returned to their owners or transported to veterinary clinic or animal shelter. Animals held in the shelter can be returned to their owners, adopted, released to the wild, held as evidence in a criminal investigation or destroyed."

Working as an animal control or services officer carries a huge responsibility, but the level of education and training doesn't always match the importance of this job. According to Schools in the USA.com, animal control officers ". . . must be strong, healthy, and have a love for all animals. They should be keen observers who notice details, as well as good communicators. Animal control officers also need to be able to communicate with animals, even hostile ones. They should have a good understanding of law and its role in animal rights. They should be interested in problem-solving, conflict resolution, and negotiation. Honesty, compassion, maturity and integrity are tremendous assets to a successful animal control officer."

Consider some typical tasks that animal control officers are expected to complete:

Respond to complaints from citizens
Track animals in all environments, at all times of day or night
Explain the bylaw to the violators
Try to reach an understanding and obtain compliance with the bylaw
Enforce bylaws by issuing orders to correct problems
Arrange for action to be taken when orders are not followed (removing animals from homes)
Enforce bylaws with tickets, summonses and subpoenas
Prepare related legal documents
Appear in court and give testimony
The typical day will involve listening to complaints from community members, documenting those meetings and following up on the issues. If there is in fact a bylaw violation, animal control officers will take whatever measures necessary to remedy the situation. Some animal control officers patrol public areas, watching for violations. The job permits for work outdoors, as well as travel throughout the community.

Animal control or services officers must also interpret the law on a daily basis and that's not always easy. Laws as they pertain to animals are often perceived as contradictory depending on your viewpoint and beliefs. In a 2009 article from the Palm Beach Post, staff writer Andrew Marra posed the question in his headline, "What constitutes cruel? Florida animal cruelty law is surprisingly vague".

"We instinctively understood why a Loxahatchee man was arrested last week for allegedly shooting a stray cat with a bow and arrow. But why not when someone bow-hunts a deer?", wrote Marra. He believes that how Florida's animal cruelty law ". . . is enforced has far more to do with our own cultural perceptions of animals and suffering."

Many of us quite frankly abhor the very nature of sport hunting and question how a minority opinion in our society has come to dominate the final decision to allow animals to be killed so hunters can continue to experience their need for blood lust. Imagine then the differing opinions in a local community that animal control or services officers are forced to confront every day. Said Marcy LaHart, a West Palm Beach animal law attorney, "You have to acknowledge that as a culture we are very schizophrenic in our behavior toward animals."

Marra also wrote, "Struggling to define and delimit animal protections is as universal as human-animal interactions themselves." Service to animals is a job that requires far more than the average citizen comprehends. Sounds a lot like the role police officers play in our society doesn't it?

Wikipedia also states, "The most common requirements for this job are a high school diploma and some prior experience handling animals on a farm, as a veterinary assistant or animal trainer. Training is primarily on the job but a few states require formal and continuing education (Virginia, North Carolina, Texas) available from community colleges and trade associations."

Education for the animal services community must be mandatory and provide a continuous base of knowledge. There should be serious discussion throughout the United States about raising the bar for those who want to qualify and receive consideration to enter the animal services field. Perhaps it is time to accentuate the qualifications and training process to hold those who will be our official protectors of animals to a higher standard and in the process increase the level of professionalism as perceived by the citizens of the communities they serve. If police officers are held to certain standards, including basic level of education and continuous training, why wouldn't we hold our animal control or services officers to higher standards as well? You could make the argument that the local budget of your community doesn't support this, but we would make the counter argument that in order to reach the level of a professional undertaking that each community deserves from animal services as part of its basic governmental needs they must make provision for higher education and continuous training to exist.

While training programs for animal control or services officers may be hit or miss in your community, some of the schools across the country that have been recognized for their animal services curricula include:

Of course, the challenges inherent to animal cops, the judiciary and others begin with our children. According to Naomi Vogel, "Children need to be aware of how to properly care for their pets. It is also important to teach your child about animal cruelty. You might suggest that your child's school should offer education on these topics."

According to USA Today, "Children are the focus of many groups' efforts. Humane Society of the United States Youth, for example, has for 25 years been publishing KIND News, a humane education publication that now reaches 1 million kindergartners through sixth-graders. Last year, it expanded its reach with "Mission: Humane," three websites for kids of all ages to combat cruelty and encourage humane activities."

Remember today's children are instantly exposed to the horrors of animal abuse even if it isn't happening in their own home or community because modern technology has tentacles that reach out far and wide. The recent launch of Kage Games mobile dog fighting game called Dog Wars is the latest in a sick mentality destined to degrade the lives of animals.

According to the American Society for the Prevention of Cruelty to Animals (ASPCA), this ". . . free smartphone app has caused outrage among animal lovers—and for good reason. Players actually feed, train and fight virtual dogs. They can even inject their dogs with steroids, bet virtual money and use a gun to fight the cops during a bust." Is this the type of environment we want our children, much less adults, exposed to? How much more nonsense like this awaits movement to the mass market as they continue to devalue the existence of man's best friend?

We know that many schools are focused primarily on standardized tests these days, but there needs to be a movement started to install an animal based teaching program in school curricula. Humane education is no longer a nice aside to have if you have time. It should become a basic fabric of our children's learning because animals are part of the basic fabric of our daily lives.

In an informational paper on animal welfare DoSomething.org, an organization that helps young people "rock" causes they care about, puts animal welfare (including abuse and neglect) as ". . . one of the top three concerns of teens and `tweens (George Weiner, personal communication, June 5, 2008). Awareness, education and community service are effective tools in the fight against animal cruelty. As hip-hop impresario Russell Simmons, in an anti-cruelty campaign produced by the ASPCA, says, 'Cruel's Not Cool!'"
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This column was jointly written by Stephen Dickstein (Orlando Animal Rights Examiner) and Diana Culp (DC Borzoi Examiner).