News Briefs INSIDE. West Virginia - Open for Criminals? Sharing news and information in the West Virginia animal welfare community SPRING 2011

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1 News Briefs Sharing news and information in the West Virginia animal welfare community SPRING 2011 West Virginia - Open for Criminals? State law on dog fighting creates unwanted tourist attraction by Jo Staats Animal-fighting a sport that most of us find repulsive, but a small margin of West Virginia residents partake in yet, today. According to Senator John Pat Fanning of McDowell County, animal-fighting is the God-Given-Right of West Virginians his reason for voting against SB 334, a bill that would have made participating in animal-fighting a misdemeanor. This means that those who attend and bet on animal fights are not committing any crime. Unfortunately, this much needed bill did not pass the WV Senate after it was amended to a misdemeanor. Animal-fighting is cruel, most of us will agree with this statement. What many fail to recognize is the level of criminal involvement attached to the sport, especially dog-fighting. Every dog-fighting bust nationwide has included charges of drugs, weapons, gambling, and other felonious crimes. Virginia included dog-fighting in their Organized Crime bill which allows prosecutors to charge abusers under the RICO Act. Many states are working toward similar bills as a result of the significance of the criminal element involved in dog-fighting. My question is simple. Is this really the message we want to send to the criminal element? WV - Open for Criminals To highlight my point, Calhoun County serves as the perfect example of why we, as constituents and voters of West Virginia, must educate our elected officials. In early December I received a call for assistance with 19 pit bulltype dogs. The call came in after the owner had passed away near the end of November and had been deceased and undiscovered for a few weeks. When WV State Police entered the home, they found Ed Barrera, owner of the property and the dogs, dead, along with a pit bull type-dog deceased inside the home. Outside, there were 7 other dead pit bull -type dogs, 19 surviving plus several Beagles and Mountain Cur (continued, page 7) INSIDE Statewide Database Forming p. 3 New on Board... p Legislative Session Overview. p. 5 WVU animal law course in jeopardy p. 6 info@fohowv.org Main website, promoting animal welfare throughout West Virginia Legislative website, updated mainly throughout the WV Legislative Session. Animal law archived here. Spay Neuter Assistance Program WV website. Lists spay neuter grant allocation in WV. News Briefs is a publication of the Federation of Humane Organizations of West Virginia, P. O. Box 662, Mineral Wells, WV All rights reserved.

2 From FOHO WV President Betty Burkett Well, the 2011 legislative session is over. How did we do? The animals benefited from a few new laws, but they were let down for some of the most important bills for their welfare. To name just two: (1) a bill to provide for statewide funding for spaying and neutering of pets for those citizens that need financial help with the cost, including managed feral cat colonies and (2) a bill to provide regulations for what are commonly called puppy mills. There were three different bills put forth to address spay and neuter funding, but none were taken up. This brings me to a VERY important point. We need all of you and your families and friends to make phone calls, send s, and talk to your representatives about the need for public funding to address the issue of spay and neuter. The numbers of animals euthanized in our state is unacceptable. We need to convince our legislators of this fact. The very best time to talk with your representative is now, after the session is over, when they won t be quite so busy with the huge number of bills they have to address. In this newsletter we introduce you to some upcoming polls about what issues you would like to see addressed by legislation. Please take the poll. Your answers can help us in deciding what laws should be put forth. This is very important to us. We have a Legislative Contact List with over 200 persons who have agreed to contact legislators about (continued on page 8) 2 - FOHO WV Life Cycle of a WV Legislature Bill 1. The bill is introduced and placed in a committee. 2. The bill is heard in that committee, and most bills move to another committee where they are heard again. 3. They move to the powerful Rules Committee. 4. They move to the Floor for the first reading. 5. Next, they have a second reading, which is the amendment stage. 6. Next is third reading, which is either passage or failure. 7. If the bill passes it moves across the hall to the other chamber, where it mostly goes through the same process. 8. If this body amends the bill in anyway, it must go back to the originating body to concur with the change. 9. If all of the above transpire, the bill moves to the Governor for signing or veto. By the time all of the above occurs, you may not think it is the same bill. In committees a bill is changed, sometimes for the good and sometimes for the bad. Want to help pass good legislation? Join the Legislative Contact List This is a list of citizens who are willing to contact their legislator during the yearly session to ask for support of an animal bill. List members will be kept up to date by and on FOHO s web site when and how to proceed. It is extremely important to contact legislators - so that they know there is interest in a bill. Otherwise the bill usually won t get on a committee agenda and just dies in committee. Lots of individuals contacting legislators means there s a lot of public interest. We need numbers. Your voice counts! Sign up by ing Betty Burkett at callicat1@comcast.net or through our website. We need your name, the county you live in, your address, and your phone number. You will not be inundated with messages, and your information will not be sold or given to anyone. Please pass on this request to your friends, family, and other animal lovers. Together, let s see some S/N legislation for West Virginia in 2011.

3 Fairmont advocate urges folks to go by the Book The author designed this book as a tool in the animal welfare community arsenal to change public sentiment. Though animal neglect and abuse is universal, the problem in West Virginia is intensified by long-held cultural attitudes toward animal life as dispensable, a reticence to spay and neuter pets, antiquated ideas about what constitutes adequate care, limited civic funds for adequate law enforcement, economic hardship in some households, and an underlying misunderstanding of God s original plan as stated in Genesis. In her new edition of Answers About Pets from the Bible (It s All Good!) Fairmont author Barbara Grigg redirects attention to what Scripture attributes the Creator as actually saying about animal life, sometimes from the original languages. She intends the book to be a tool in the animal welfare community arsenal to change public sentiment. I believe decades of misinterpret- ing the dominion mandate in Genesis has hardened our industrialized culture to the Creator s original intent for our care of His animal creation, she says. Animal welfare and rescue workers, and those who have lost a pet, find this book a comfort and confirmation of their affection. It s an excellent gift to give people who fall back on the dominion mandate as justification for abuse and neglect: it will be a direct challenge to their perspective from a source they (hopefully) respect. This brand new edition challenges that it s just an animal mindset with words from the ultimate horse s mouth. This little book comforts the afflicted and afflicts the comfortable. Fifty-two pages for all ages. Demonstrates free online Bible search of original languages. Local pet photos. Endearing presentation. Take a look inside at sr=8-1/qid= /ref. Just search Animals Pets Bible at Amazon.com PayPal, Paired with a field trip or youth group commitment to humane or rescue work as a project, the book is a solid starting point for youth groups or Vacation Bible School teachers to make it cool to be gentle. Those wishing to purchase a bulk quantity should contact Barbara at blessthepets@comcast.net to arrange a discount. Find her at Bless Pets on Facebook and at Help build a statewide spay/neuter database Spay WV is a new program in its early stages. The goal of Spay WV is to establish a database of low cost spay/neuter services available throughout West Virginia. Spay WV will then be in a position to provide the best information possible to any caller about what is offered in his/her area. Spay WV is a division of Help for Animals, Inc., a West Virginia non-profit corporation located in Cabell County. It is an affiliate of Spay USA. The purpose of this article is to ask the readers of the FOHOWV newsletter to help develop the Spay WV database and referral service by contacting Donna Spencer with the resources in your area. You may want to include low cost clinics, spay/neuter assistance programs, or veterinarians who offer low cost rates. Every county has different resources. Spay WV wants to know the resources in your county or surrounding area. Contact Donna at: donnaspaywv@suddenlinkmail.com or call Spay WV has potential to particularly help the more isolated areas of our state that have few or no services available. Please help us get the word out and send us your information. FOHO WV - 3

4 New members of FOHO WV Board More talent coming to the rescue... Steve Tennant from Brooke County For the past eighteen years Steve has been employed in the outdoor advertising business. He has have been involved with animal issues in Brooke County for the past 10 years. In that time he has worked with the local shelter in finding good homes for approximately 1000 animals. Steve was instrumental in having the Brooke County Commission investigated for animal cruelty and subsequent charges being brought against them. This led to the Commission presenting a levy for a new shelter to the taxpayers. He personally did an audit of shelter finances which resulted in 4 - FOHO WV old shelter that she granted us $10, Along with his wife, Steve founded Animal Advocates Brooke County, the only active animal organization in the county. They have partnered with the Brooke County Shelter on adoptions and also upgrades to the new shelter. They have raised $18, to finance the installation of Shor- Line stainless cages at the shelter. Steve s belief has always been that you have to give back. Being from a small county with an ever shrinking source of resources, he feel that people need to step up and fill needs that government My wife and I look at our work with and for the animals as a calling and believe this is what our purpose here really is. the firing of the shelter director. Steve was able to uncover nearly $40, that was unaccounted for. The West Virginia State Police wanted to prosecute this person, but the Commission refused. Although not a rescue, Steve pulled approximately 102 dogs from a high kill gas chamber shelter in central West Virginia. He was able to get these dogs into good homes or reputable rescues. Steve applied for and wrote a grant from the American Humane Association for the new shelter. The grant was to be for $4, The grant administrator was so appalled by the conditions at the entities cannot or will not provide. Steve has a history of volunteerism in his community. He has been a member of the Wellsburg Volunteer Fire Dept for 41 years, and has also served as chairman of the Wellsburg Fourth of July Committee for a number of years. He has served as a board member of the Wellsburg Water and Sewer Board. We all have periods of changes in our lives that take us in directions that we never gave a lot of thought to. Animal advocacy is one of those changes that have happened to my wife and I. We look at our work with and for the animals as a calling and believe that this is what our purpose here really is. Jo Staats Charleston native now living in Hardy County Jo Staats is a Charleston native who attended WV State, where as a Political Science major she had planned on going on to law school. Although that did not occur, her interest in law, particularly animal law, has continued to this day. Jo is married to David Staats, with three daughters, Hali 22, Cassadi 19, and Alexi 18. She has been a (construction) business owner from 1997 to present, after working law enforcement in Charleston and then moving to work in DC for the federal government. Jo showed AKC Boxer breeds for most of her youth, owning power breed dogs all of her life, including GSDs, APBTs, and Rottweilers. She began training dogs officially in 1987 when Charleston PD started its K9 program. Jo started advocating for APBT breed and other pit bull type dogs in Jo has rescued all her life, always dragging in a stray or lost dog, cat, horse, etc. Her interest in breed specific-issues increased in 2006 when the local rescue she was affiliated with stopped taking pit bulltype dogs as a result of the difficulty placing them due to their aggressiveness. Jo is the founder of WV Pit Bull Haven. As their representative since 2006, she has participated in meetings statewide with elected officials when breed bans or regulations (BSL) have been proposed. Jo has created educational and training programs for elementaryaged children, civic groups and

5 organizations, and this year introduced the Law Enforcement and Utility Workers programs, focusing on safety of public workers and dogs alike. Her work has resulted in established relationships with several county shelters and humane societies statewide, as well as with HSUS Dog-fighting Investigation Division, Best Friends Animal Society, and National Canine Research Council. She has developed allies and friendships nationwide in an effort to see BSL repealed nationwide. Jo says she is the proud (and blessed) owner of two APBTs and a big lug of a Neo/English Mastiff mix that are permanently attached to my couches. She is passionate about protecting all animals, but of course her mission is to see the reputation of what was once America s dog polished and free of the tarnish that reckless owners and irresponsible reporters have sentenced them to bear. Visit her site for more information at Jo lives her belief that Second Chance Dogs Deserve First Rate Homes. Ginnie R. Maurer - Eastern Panhandle Ginnie R. Maurer has been active in animal rescue for over 20 years. She is past president of Partnership for Animal Welfare, a cat and dog rescue group in the greater Washington, D.C. area. She has been a foster home provider for several sheltered and unsheltered rescue groups in the D.C. and West Virginia area and currently has a 5-year-old foster pup from a puppy mill raid not too far from her home. A writer and educator, Ginnie was a training and education consultant in the Washington, D.C. area for over 30 years, teaching workshops in writing, public speaking, and related disciplines. She has taught at The American University in Washington, D.C., and Hagerstown Community College, Hagerstown, MD. In 2009, Ginnie began writing Fur*thermore, a companion animal column for The Journal in Martinsburg, WV. The monthly column focuses on cat and dog issues. She is a writer for The National Humane Education Society in Charles Town, WV. She has written two books about animals Seasons of the Soul: The Little Book of Animal Rights Meditations and Loving Lives, Grieving Loss: A story of companion animals, their lives, and their deaths. Neither book has been published yet! Ginnie holds a BA from St. John s University, NY in English with a minor in education and an MA from George Washington University, Washington, D.C., in Human Resource Development. She has taken courses in veterinary technology at Essex College, MD and completed coursework for a certificate in Humane Education from the Institute for Humane Education. In February 2010, Ginnie convened a group of Berkeley County residents to form Unchain Berkeley County. Following the campaign leading up to a public hearing on an anti-tethering ordinance, Ginnie called another meeting in May and thus began Animal Advocates of West Virginia, which will celebrate its first anniversary May 15, Ginnie is guardian to three dogs, one a long-term foster in addition to the puppy mill foster, and eight cats Legislative Session Not a good year for the animals - Sylvia Shafer This was a very confusing session, and I am glad it is over. It started with an from someone complaining that this state had never tried to pass a puppy mill bill. As most of you know, we had tried for two years. People like to complain and say what laws we need but never do anymore than complain. As you can guess, when the puppy mill bills were introduced this session, I never heard from her. When a person looks at a flow chart of legislative action, it seems so simple. Well, that is far from the truth. It is easy to get a bill introduced, but passing one is never simple. When a bill is introduced, it is placed in a committee which probably will not take up the bill. Many animal bills were introduced this session and most were never heard in committee. It is up to the Chair of that committee to decide what is going on the agenda. During this session, most of the bills were introduced in the House and sent to the Agriculture Committee, where they were never on the agenda. The Chair and I had many discussions, and I thank him for his honesty. He just plainly said My committee and I do not like the bill. So the bills died without having any opportunity to be voted on. As far as I am concerned this past session was a failure for the animals. (continued, page 7) FOHO WV - 5

6 New WVU Animal Law course may be in jeopardy - act now! FOHO WV did a presentation on April 6th at the first Animal Law Week which was held at the WVU Law School. The FOHO presenters were Theresa Bruner and Mary Ann McDonald of Randolph County. Thanks to the WVU Student Chapter of the Animal Legal Defense Fund, Nancy Young from M-SNAP, and Chapter President Melissa Lilly for organizing this fourday program. While informative events like the Animal Law Week represent progress, we understand that the newly offered animal law seminar may not be offered again next year. Please write Dean Joyce McConnell, WVU College of Law, P.O. Box 6130, Morgantown, WV or her at joyce.mcconnell@ mail.wvu.edu. Let her know that we need lawyers who understand animal law practicing throughout WV. We want to see this animal law course remain in the law curriculum at the Law School. WVU students initially petitioned to have such a course taught, and their support continues today. Tell Dean McConnell that 28 pieces of animal legislation were submitted in the 2011 WV Legislative Session. The first felony animal fighting charges were filed in West Virginia in A Wayne County, West Virginia Assistant Prosecuting Attorney, Gary Michels, received the 2010 Humane Law Enforcement Award from HSUS for the rescue of 50 horses and 50 dogs from a decade of neglect and cruelty in one West Virginia town. He successfully prosecuted the owner on three counts of animal cruelty and prevented him from owning animals into the future FOHO WV Animal cruelty cases are being prosecuted throughout the state. We need knowledgeable prosecutors who have been properly trained in animal law. Over 50% of the law schools in the U.S. teach animal law courses. We were very proud that WVU had joined their ranks with the Animal Law Seminar. Now is not the time for WVU to take a step back. Mail letter to: Dean Joyce McConnell WVU College of Law P.O. Box 6130 Morgantown, WV or her at: joyce.mcconnell@mail.wvu.edu Animal Law is a growing legal subject area. The WVU Law Library has amassed a substantial collection of resource material to support instruction and research. FOHO members toured the impressive animal collection in the Law Library. With this collection, the general community and animal welfare groups can now rely on the WVU College of Law for support and resources on many animal welfare issues. Now is the time to write, while upcoming semester schedules are being planned. Please encourage Dean McConnell to maintain animal law as part of the College of Law s curriculum. Theresa Sis Bruner HELP US prepare NOW for the 2012 Legislative Animal Agenda Be watching our website for input and information on what topics we want to tackle in the next legislative session. We will do a series of articles and polls on those topics and will appreciate your opinion. We will continue to do those over the next few months. Our first one should be up by mid-may Session (continued from page 5 ) As far as I am concerned this past session was a failure for the animals. I really thought that the puppy mill bill would pass. Who could be against it? As it turns out, The American Kennel Club, breeders, hunters, and people with working dogs. The AKC is a registration group for purebred dogs and nothing more. Large breeders did not want to be inspected. Hunters and farmers thought their dogs should be exempt. Whether a bill fails or passes depends on how many people are for the bill compared to how many are against. YOUR VOICE DOES COUNT. More people called in against than for. It is that simple. What can you do to help pass good legislation? It starts at the voting booth. Is the person you are voting for animal friendly? That is an important question. Your next step is to get involved. FOHO will be happy to help you move in the right direction. As bills are introduced, you can check them on the FOHO website and read them on the State Legislative website. (continued, page 7)

7 West Virginia - Open for Criminals? (continued from page 1) dogs. Each dog was chained to a buried car axel, dragging heavy logging chains, and surviving by licking snow and ice. Each dog had its own dog box made out of plywood, with no door and stuffed with old wet straw. Calhoun County Chief Deputy Carl Ballangee and Dog Warden Bob Groves were called in by WVSP to assist with the number of dogs. Because Calhoun County does not have an animal shelter, county officials contacted West Virginia Pit Bull Haven to help get the surviving dogs out of the conditions they had endured. HSUS assisted in transporting the pit bull-type dogs to safety. Cascade Beagle Rescue pulled the beagles, two of which required extended veterinary care and were fostered locally by Ed and Hazel Kipp until well enough to travel onto their new adopted homes. The Mountain Curs were also pulled by an out-ofstate rescue, but I ve received no updates on their status. We were fortunate that HSUS became involved in the case, because Ed Barrera was a name they quickly recognized as a nationally renowned dog-fighter that had built a reputation over the last several decades. He had come to Calhoun County about 3 years ago from North Carolina. He set up his yard of fighting dogs, explaining to the few that inquired about the number of dogs he had, that he was a breeder. No one questioned it. A short time later, Otis Dwayne Smith moved from central Florida to a trailer across the road from Barrera in Arnoldsburg. Smith allegedly served as an employee to Barrera, feeding, conditioning, breeding and burying dogs. Because HSUS recognized Barrera s name, and because Smith was willing to disclose personal knowledge about the dogs (when specific dogs were brought to Barrera s, how McDowell County s Barrera was a name HSUS quickly recognized as a nationally renowned dog-fighter who had built a reputation over the last several decades. they were cared for, and which specific dogs had fought under Barrera s watch), Calhoun County Sheriff s Department was able to obtain search and arrest warrants for Smith for violation of WV State Code a. He will face Grand Jury in September. This case also highlighted the fact that participants attending Barrera s sponsored fights in a run-down trailer on his property were criminals that traveled into the area, some from out-of-state. They weren t law-abiding citizens, they were not pillars of any community, they weren t the kind of person we would want as a neighbor, a babysitter, a teacher, a doctor, or any other respectable position that affects our lives. They were criminals in every sense of the word. Barrera himself had recently been arrested for possession of a more than a pound of marijuana and was facing charges in Jackson County. So again I ask, is this the message that West Virginia wants to send across the nation to people like this? You re welcome to attend animal fights here because some of our Senators don t believe you need to be jailed, and it s your God-given right to bait, cruelly tether, train and condition, inflict abusive physical and mental pain, and fight these creatures that rely on us to protect them? Please let your Representatives know that you supported SB334 as a felony bill and that you will support it if reintroduced until the law is enacted. Its passage will give law enforcement the necessary tools to investigate and prosecutors the power to pursue justice for the victims of these barbaric acts. Jo Staats 2011 Session (continued from page 6) In 1988, many animal advocates came to the Statehouse during the session to defeat a very bad animal bill that would have sent shelter animals to research facilities. We defeated WVU that year. That bill showed the legislature that animal people have a strong voice when they choose to use it and it resulted in eliminating the bark for a Yes vote and meow for a No vote on laws pertaining to animals. Such terminlology was being used to ridicule an animal bill and make fun of it when it came to the floor for a vote. That is not the case today: animal people are voters and politicians know it. Please try to visit the Statehouse at least once during the next session and call your legislators to let them know how you feel. You can make a difference in the lives of innocent animals. Sylvia Shafer FOHO WV - 7

8 Pres. Betty Burkett (cont. from page 2) good bills to benefit WV animals. If you are on that list, are you doing as you promised? Did you contact anyone? Did you spread the word to others? If you are not on the LC List, please sign up. We desperately need you. It seems that when the secresign up. We desperately need you. It seems that when the secretaries of the legislators have been contacted about how many animal people have called or ed about a particular bill, we are not represented very well. They do keep track of the numbers of people who call in. If you are on the LC List and no longer wish to participate, please let us know so we can remove your name. Believe me, when the word gets out about certain bills, the special interest groups get very busy contacting legislators - especially if it is to call against a bill. We have a lot of caring people in WV; we could overwhelm our representatives with calls. We really can be a force to be reckoned with. But don t wait for someone else to do it. If you are one who called or ed - thank you so much! Also, we also like to hear from you when a legislator gives you an answer back after you contact them. This gives us a good idea of how they feel about animals and their We are currently seeking proposals for presentations of 90 minutes in length for the FOHO WV s 2012 Animal Conference Days Hotel Conference Center Flatwoods, WV Fri./Sat., May 4 and 5, 2012 Deadline is June 1, 2011 Submit name, address, phone number, , presentation title and abstract (250 words maximum) to sandy.swisherwv@gmail.com. The program committee will notify you of the status of your proposal by July 1, For additional information about the conference, continue to check the FOHO website. welfare. I will get down from my soap box now. Thanks for listening. Keep in mind our Animal Conference for (See box above.) If you have any suggestions for topics you would like to see on the agenda, let us know asap, and maybe we can schedule a session pertaining to that particular subject. Keep up the good works you do for the animals. We appreciate you very much. Betty Burkett Join us at one of our quarterly meetings! Check to see if our Saturday meeting venue has changed. And for directions to the Clarksburg Library location. Meetings start at 11 am. Federation of Humane Organizations of West Virginia P. O. Box 662 Mineral Wells, WV info@fohowv.org Main website, promoting animal welfare throughout West Virginia Legislative website, updated mainly during the WV Legislative Session. Animal law archived here. Spay Neuter Assistance Program WV website. Lists spay neuter grant allocation in WV. Be sure to VOTE in the May 14 Special Election for Governor 68 - FOHO WV Newsletter design by Barbara Grigg - blessthepets@comcast.net