.com Forum · American Forum

I hope that there are no rules about posting things that are relevant to what is happening to real life purebred dog owners/breeders.


TX-RPOA E-News
From Responsible Pet Owners Alliance,
the reasonable voice regarding animal issues in Texas.
Responsible Pet Owners Alliance is an animal welfare organization,
not "animal rights" and, yes, there is a difference.
Permission granted to crosspost.

March 2, 2008
The email below is circulating among many elists and is confirmed to be true
by an RPOA member with English Setters. The recently passed San Antonio, TX
animal ordinance allows seizure and impoundment of all animals for any
violations.

***************************************

... Below is an email from a long time friend of
mine who has English Setters and does a bit here and there of handling. Bob
has been extremely active in All Setter Rescue for a long time - even before
it was consider a problem. A bit of
background before you read his email .. about 18 months ago, Bob and Melissa
(who he's lived with forever), purchased the house next door
to their's. More as a tax deduction as their house had been paid off some
years before. At some point in time, the City of Littleton
changed the number of MAMMALS (to include dogs, cats, gerbils, etc.) on one
property and didn't grandfather Bob in. So with the purchase
of the house next door, Littleton just freaked out a bit and then revised
the law again stipulating if you owned two properties within the city limits
the maximum was to still be THREE. So they started hasseling Bob and he
kept on his normal low key way of dealing with it, but knew he had to
purchase property away from the metro area.
He would have been out earlier, but it is a bit hard to get fencing up in
the winters around here. So from here, you can read Bob's
email:
**********************************************************************
*
Hi All,
Thought that I better touch base and let you know that I am still out here
and, as yet, not in jail (but of course working on it).

As you know, Littleton broke into both of my houses in Littleton on February
15, 2008, after making sure that I was not there, and took
one adult dog out of one and three adult dogs and four 9 week puppies out of
the other. Bashed the front door in with a battering ram used for drug
raids, to get at the one dog, and broke into a back door on the other house
and then broke blinds, screens, etc., in order to
hand the dogs and puppies out through the window of the second house. All
this with four police cars, at least six patrolmen, two
animal control trucks (Littleton only has one), animal control officers. As
told me by my neighbors, there were zoning and other
people, while my neighbors watched in horror as to what was happening.

I need to note again here that there are no known complaints about me and/or
my dogs, or number of dogs, from my neighbors.

The day before, I finally told the city that I had the place out at
Strasburg (actually said that it was 60 miles away as they wanted the
complete address) and that all dogs would be moved out there by Monday night
February 18th. This appeared to be okay with them and a
meeting was set up for 10 am Tuesday, February 19th. with animal control to
verify. That was my mistake because I allege that they then went back to
City Hall and laid out the plans for the raid the next day. The Court then
called an emergency hearing for Friday morning and left a phone message for
me to attend, knowing full well I would be at the Denver shows. When I did
not show up as directed, I was declared a fugitive and they proceeded with
their raid.

They actually staked out my house (according to one neighbor on the corner
where they saw their car parked) and waiting until they saw me
leave with three dogs to go to the show that day. They had verified the day
before that I was going to be at the shows all four days.
After I left, they attempted entry, and then went back to the judge for a
forcible entry warrant, which they exercised about 4 pm that
afternoon. Quite a show and very upsetting for my neighbors who witnessed
it.

Melissa came to the house about 6 pm to check on the pups as I was still at
the show (going Best Brace in Show with two of my mistreated, neglected and
abused 8-1/2 year old English setters; Pig & Joe). I can only imaging her
horror finding the houses broken into and the dogs and puppies gone.
Freaked her out and she could not reach me because my cell was off at the
show. She caught up with me at the show just after I had finished getting
my show photos shot.

The paperwork that she found at the houses demanded that I bring to the city
the 3 dogs that I had taken to the show. Of course they
expected I would do this immediately but instead they went home with me to
Strasburg. The paperwork they left also had the judge's orders
that the dogs taken (plus the three at the show) were not to be returned to
me, my agents, or anyone that might be suspected of being
a straw buyer/adopter for me.

The shelter where they were taken is the same one that was in trouble last
fall with the State Attorney General. It cannot and allegedly
has not passed minimum state standards (PACFA) for a number of years. It
was here that the city felt that the dogs seized would be
safer than with me even though the city had canceled their contract with the
shelter last fall Almost all other public contracts with this shelter have
been canceled. It should be noted here that the animal control officer for
Littleton, used to work for Colorado Humane Society, and before that worked
11 years in animal control in
San Diego, California.

Try finding a criminal defense attorney (especially a good one) on a Friday
night before a three day holiday. Also note that this raid was done late on
a Friday afternoon before a 3 day Holiday where no City Offices would be
open until Tuesday.

I was fortunate and well taken care of by friends in the rescue side of the
dogs, and by 9:30 am Saturday morning I was talking to my lead
attorney on the phone. I met with both of my attorneys at the show on
Sunday. They prepared the Emergency Motion On Illegal Seizure Of Property
that I believe I sent to you last week. They also contacted the shelter
where the dogs had gone. By Tuesday morning, all involved city departments
and the shelter were put on notice that we were coming. My lead attorney,
Susan Martin, came highly recommended by the prosecutors and others in the
Denver District Attorney's office.

We could not tell if an arrest warrant had actually been issued, so I
started staying out at the Strasburg house Friday night and each night
since.

To make this short, we ended up getting a 3 pm emergency court hearing on
Friday, February 22 with the city. Our priorities were to get the dogs
back; then keep me out of jail; then deal with the
charges, etc., and then get mad. When they offered to return the dogs in
pre-hearing negotiating, we jumped at it. As a consequence,
I had to agree to a number of outrageous terms including; 3 year deferred
jail time, up to $3,000 in fines, $1,000 board and care costs on the dogs, 3
years unannounced access to my houses and I cannot be caught with a dog
anywhere within the city limits (not even my vet's office). Also required a
professional inspection of my
Strasburg place, and that I must plead guilty to all charges brought against
me. Hell of a price to pay to get my dogs back, but the only way, as they
were holding them ransom so that my motion against them would not see the
light of day in their court. Then for good measure, they added a number of
additional charges/violations (mostly bogus) against my properties based on
everything from the city codes to the International Property Maintenance
Code (?). Most all of these violations are unspecified and are for failure
to remove outdoor storage and rubbish, and failure to maintain plumbing, a
clean and sanitary structure and maintain interior surfaces. We begin the
fight on these tomorrow morning at 10:30 am. They have been inspecting both
houses in Littleton since September 6, 2006 and now bring these additional
charges. In my opinion, these charges are being brought in reaction to my
bringing an attorney to the table, as this has happened before.

I emphasize, that no abuse, neglect, or cruelty charges have ever been
brought against me, none at all, in the previous years of ongoing
inspections. These claims were used by the city to justify their seizing of
my dogs for their own health and safety. However, if they thought that they
could prove such charges, I am sure that
they would not hesitate in bringing them forward. That should say something
for their strength, or lack of strength in their case and arguments against
me.

The important thing is that I do have the pups and dogs back and I am not in
jail. Pups and dogs are doing good, primarily because they
were a good healthy state when seized. The puppies were down considerably in
weight and body tone, and dehydrated, but they have
responded well since I got them back Friday night. All were over medicated,
including shots, if the reports that I was given on them are correct. The
adults received DVM care, but the puppies were not seen by a vet. The report
is dated February 22nd., the day they were
released to my agents. The puppies were kept at Mary Warren's house in
Conifer {SALLY: GOOGLE Mary Warren & Colorado Humane Society} If we can
get to next Monday or so without anyone getting sick, we should be okay on
the short term as far as catching something from the shelter and captivity.

Over 45 people attended the hearing last Friday in support of me against the
city. Someone started passing the hat for financial help, and $865 was
collected. All sides of the dog game
(showing/breeding, rescue, and welfare) were represented. This was put
together in less than 40 hours notice.

Channel 7 news video team showed up and videoed after the hearing in the
court lobby and at the location where I met with the recovered
pups and dogs. I was not allowed to go to the shelter to claim them; only
my attorneys, Melissa and other supporters to help with getting the dogs and
transporting them to where they would meet up with me and the press. The
bill to have them released was $1,100. My attorney had to call the Englewood
police (two cars) to come out and enforce the court order to release the
dogs to her. She also has filed assault charges against Mary Warren's
husband, Bob, and other charges against Mary, with the cities of Englewood
and Littleton, Arapahoe County, and the state attorney's office. She was
pissed.

Sadly, it's not over yet, but at least I have the dogs back, and I am not in
jail. Littleton has started damage control with a press release, but is
still having to answer to complaints from citizens and non-citizens. It has
been given to all the major TV stations in Denver but so far has not been
aired that I know of. It is coast to
coast on the Internet and is getting put into dog related publications' web
sites. A defense fund is being set up to help defray my legal expenses,
something that was recommended by those in
attendance at the hearing.

My cell phone does not work well out here in the country, and of course I am
not around Littleton much anymore except to begin moving from the residences
there to here. The best number now to reach me at (after trying my cell) is
XXX-XXX-XXXX, and of course by email.
Sorry about the length of this.

Sincerely,
Bob

AND THIS IS FROM AN EMAIL THAT BOB SENT TO ME THIS MORNING ...
After the dogs were seized 2/15, I made the decision that I had to just go
really public about what has been going in Littleton the past 18 plus
months. I hoped for some reaction and support, but never expected or fore
saw how this has taken off and all of the support offered. To walk in that
packed court room on the 22nd really blew me away, and I felt bad that I was
having to plea bargain such a bad deal just to get my pups back. Susan (my
lead attorney) and I had
decided at our first meeting the priorities were, first to get the pups/dogs
back or at least safe; second to keep me out of jail; third to
rectify/overturn/correct what had been coming down; and fourth, get angry
and revenge. We did not really believe that we could get the kids, but
thought keeping me out of jail was possible. Appeal to higher court would
have to take care of #3, and #4 would have to been in civil court and the
arena of public outrage toward Littleton and the Littleton Municipal Court.

Susan & Ruthann put together an excellent 17 page motion and off to races we
went. When Katz (the short prosecutor) offered return of
the kids, I felt that I had no choice to but bargain to that end, whatever
it would cost me. Thus we both won; I got my kids back and Katz could
continue to exact his revenge on my head and succeed in his original goal of
running me out of town. So I am still Littleton Public Enemy Number Uno,
but the pups and adults seized, plus the rest of my beasts are safe in
Strasburg (often referred to as "Defoe" for at least the time being.

Now, without Katz being able to hold my kids for ransom, Susan, Ruthann,
Melissa, and I can get mad. It is now my turn, but it is going to costly
emotionally and financially. Katz has now moved toward condemning my two
houses in Littleton, and, as of yesterday, filed charges against Melissa who
now has a court date 3/12 to answer the charges revolving around 6519
{SALLY: for trash on the lawn!}
I am due back in court 3/26 I believe.

Enough of the soapbox. Thanks for your help and support. This should be
interesting, but it is needed to protect us all. If they can come after me
this way, they can go after anyone in dogs.

Responsible Pet Owners Alliance
900 NE Loop 410 #311-D
San Antonio, TX 78209
Phone: (210) 822-6763
Website: www.responsiblepetowners.org
$15 Annual dues (January - December)
To share information, subscribe or unsubscribe,
e-mail rpoa@texas.net.