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Tue, 27 Feb 2007 08:37:52 -0500
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Maybe the best approach to this is to get the advice of a sympathetic
lawyer and to file an Animal Cruelty suit against DM and his operation.
Public officials either don't care or seemingly have unclear
regulations to follow. We can SURELY raise funds on this list to back
the legal costs of a suit if we find a local lawyer who might be able
to give us some of their time at a reduced cost.

In Ohio, there are state-wide laws that define 'animal cruelty' in
several different ways, which leaves the door open to a suit against
McKay.

This link gives a state-by-state synopsis of animal cruetly laws.
http://www.straypetadvocacy.org/html/cruelty_laws.html

Ohio laws regarding animal cruelty are summarized as follows:

(Select Title [9] IX - Agriculture - Animals - Fences, then Chapter
959) Ohio Rev. Code Ann 959.01
*** Cruelty to animals is defined as: "Torture an animal, deprive one
of necessary sustenance, unnecessarily or cruelly beat, needlessly
mutilate or kill, or impound or confine an animal without supplying it
during such confinement with a sufficient quantity of good wholesome
food and water; affording it access to shelter; carry or convey an
animal in a cruel or inhuman[e] manner." (Note, there are other
provisions which govern the conditions in which production animals
are cared for and transported.) Cruelty to animals is a 2nd degree
Misdemeanor with a fine up to $750 and/or imprisonment up to 90 days.

Cruelty to companion animals is defined as: "knowingly torture,
torment, needlessly mutilate or maim, cruelly beat, poison, needlessly
kill, or commit an act of cruelty against a companion animal." The
first offense is a 1st degree Misdemeanor with a fine up to $1000
and/or imprisonment up to 90 days. A second or subsequent offense is
a 5th degree Felony with a fine up to $2500 and/or imprisonment up to
12 months. Any fines collected from this offense shall be paid to the
society or association for the prevention of cruelty to animals, if
there be such in the county, township, or municipal corporation where
such violation occurred. Exemptions are made for scientific research,
veterinary care, dogs used for hunting or field trials, farming and
veterinary care. Abandoning an animal is a minor Misdemeanor with a
fine up to $100. ***

*IF* cruelty to animals is defined as a second degree misdemeanor, with
a fine of up to $750 and/or imprisonment up to 90 days, how do you
think he would respond to a suit that alleges ONE THOUSAND instances of
animal cruelty? The suit would name both DM and any/all family members
who partake in running his operation in its current condition. The
potential ramifications of such a suit alone might be enough to force
changes in his operation, but the suit cannot be just a threat. If must
be filed through the proper channels, with the guidance of a lawyer who
has some experience in this area. It would be founded on the fact that
he DOES deprive his animals of necessary sustenance, he DOES confine
his animals without sufficient wholesome food and water, and he DOES
NOT afford proper access to shelter.

So, I ask the person who originally made us all aware of this
situation, can you contact the closest ASPCA or Humane Society to refer
you to a lawyer who would be willing and able to handle such a case?
IF you can find such a lawyer, and give us specifics of how you can
initiate such a law suit, then I think the members of this list could
organize financial support. The potential outcomes of such a suit
would be either: (1) His operation is shut down or (2) He must make
significant changes to it. In his current state of health, I highly
doubt he is able to defend himself in a lawsuit, so it may never even
go to court. But if it did, and if we won, consider the potential
benefit of such precedence to similar cases in other states.

Jeff
In memory of Neo
Welcoming into our home Trinny, Morphy, and Baby Girl

[Posted in FML 5532]


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