4/29/2008

Original Posting on Bubba

Here is the original posting on Bubba.

The below report appeared on Channel 7 in Washington (DC) on Friday night, April 4th. Blogger has no connection to any of the parties involved in the incident and is publishing this blog in the interest of helping save Bubba and other dogs who might be needlessly harassed --- and probably killed --- by the city for simply being a dog. Based on what Blogger knows about Bubba's case and on what he observed during the incident of a dog named Sidney last summer (click here to read that story), it is clear that the city learned nothing from the Sidney incident and is determined to control animals in the city by killing them without regard to such things as due process, ethics, normal dog behavior, responsible dog ownership, acts of God (i.e., accidents), wise use of city resources, and common sense.

It is also clear to Blogger based on his experiences with other dogs prosecuted under the Dangerous Dog Act elsewhere, that the judicial process may not always work the way it is supposed to, mainly because judges rely on their own personal knowledge of dog behavior, which is often inadequate. For instance, read about the sad story of Lucy in Sunnyvale, California, last December. To be sure, there are some examples of fair judges, too. For instance, read about the dog Congo in New Jersey, who was just released from death row the day before Bubba's story broke after almost 9 months there. Sidney, too, had a fair judge, who quickly saw what was going on and that the case should never have been brought to him, but as long as there is the possibility of a judge like Lucy's, we citizens should not tolerate the abuse of authority and resources by the Department of Health.


Here's the Channel 7 report:

Couple Fights for Dog's Stay of Execution (Click on this title for actual report)


A couple in Southeast D.C. is fighting for a stay of execution for a loved one, fearing the District government could put their pet Labrador down.

"He's a happy, playful dog. He's our child right now." Bubba, a yellow English Lab, is like John Dorment and Nadine Isvarin's child. Now, they spend time at home grieving for him or comforting him at the animal shelter where he is impounded.

"He is a loving dog he is wonderful with children he has no history of violence." March 17th, a workman let Bubba out. He got into a fight with another dog, injuring it.

"We're not allowed to say anything." The woman walking the injured dog says the D.C. Health Department forbids her to talk about the incident. Dorment and Isvarin maintain the city has used strong arm tactics to obtain their dog. They also say health officials ignored their promise to keep Bubba locked in the backyard and never let him outside.

Meanwhile, the people charged with caring for Bubba at the animal shelter describe a typical yellow lab. "Bubba is a good doggy. I don't think they should put him down at all. No, not at all. He's a great dog."

It's rare for a dog deems dangerous in D.C. to ever come home again. "It, it, it's not possible. I... It can't happen."

Both parties in the case have retained lawyers. Meanwhile, neighbors say they are flooding the Health Department with testimonials to Bubba's disposition to hopefully help the owners get their dog released

See below for s Channel 7's story about the April 18th incident in the point when Bubba's owner Nadine was bitten by another dog at the pound.



Here are some additional facts Blogger learned from sources not parties to this incident:

1- Bubba is 2 years old, still a puppy really, with the exuberance typical to the breed at that age. He is neutered, friendly, and has never shown any aggression before.

2- Neither dog's owner witnessed the conflict between the dogs; the only witnesses were the dog walker responsible for the dog who was injured and the contractor who accidentally let Bubba out.

3- The contractor says that the dog walker kicked and screamed at Bubba when he approached the two dogs she was walking.

4- Bubba's owners initially complied fully with the terms of the original home quarantine, but then the DC-DoH (Department of Health) impounded Bubba without a through, balanced investigation and without Bubba 's owners being given any documentation of DoH's investigation. In fact, when Peggy Keller (at the Department of Health) agreed to the home quarantine, she never told Bubba's owners that she had already filed a request for a warrant to seize him. (These are the same tactics I have seen used by the Department of Health in other cases I have seen.) Despite their numerous requests, Bubba's owners were never provided copies of DoH's reports until media involvement.

5- Bubba's owners are willing to keep Bubba under home quarantine until he has had a fair and impartial hearing before a neutral judge or administrative agency, but the DoH has ignored this.

6- Before the media involvement in Bubba's case, his owners were allowed to visit him frequently and even take him out for walks to throw the ball for him at the pound. After the media involvement, Keller severely restricted Bubba's owners access to him.

7- Bubba's case has brought to light that something else that we have suspected, that many dogs involved in dog-bites-dog cases never see the inside of the courtroom for their day in court. Because of the tactics of the Department of Health, the owners are intimidated into turning the dogs over the city, and they are immediately euthanized (killed).

Comments: Blogger is not surprised to learn any of this as it is typical of the kind of performance and tactics employed by the Department of Health in similar instances. What people fail to realize is that the DoH Animal Control unit (staffed by 2 people) is not in the animal welfare business, but the animal control business. (There is no one in the DC government tasked with animal welfare concerns.) So when it comes to animal welfare matters, they are not exactly known to use principles of fairness and due process --- not to mention compassion --- in carrying out their animal control responsibilities. And dog-bites-dog cases like Bubba's usually do not make it this far unless some influential --- or vindictive --- person is pressuring the DoH behind the scenes. It would be interesting to see what the truth is here.

NOTE: The Washington Humane Society operates the DC Animal Control Shelter, where Bubba is kept, under a contract with the city. All policies are dictated by the Department of Health which has no jurisdiction over animal welfare matters, only animal control. It is in the interest of the Department of Health under their animal control policies to euthanize dogs as expeditiously as they can in the interest of public safety. The Humane Society, on the other had, incorporates its animal welfare aims in its work at the shelter, but in the final analysis, when it comes to animal control, the Humane Society has no influence over the city's Department of Health.

Here is the Channel 7 report on the incident at the pound when another dog got loose and bit Nadine when she was visiting Bubba.

Couple's Dog Execution Fight Takes Odd Twist

The city health department wants Bubba, a yellow Labrador Retriever put down for biting another dog, but the dog's owner maintains the city is responsible for a serious injury to her and her beloved pet.

Nadine Isvarin showed up for the hearing to determine Bubba's fate hobbled, bandaged and praying for the health of her unborn baby.

According to Isvarin's attorney, workers at the pound where Bubba is confined failed to lock up a pit bull that Isvarin says, mauled her and her dog.

But a lawyer for the city stated Bubba actually bit her. He said Isvarin intentionally let the pit bull out so it could take the blame.

This had Isvarin and her husband rolling their eyes and hoping for a reprieve.

"Vindication; that our dog is not dangerous and that he gets to come home," said Bubba's owner John Dorment.

The hearing focused on the events of March 17th. All parties agree Bubba got out of his yard and into a fight with Rudy, a two year old shar-pei.

Rudy's owner declined to speak about the case.

The woman walking Rudy at the time testified she began screaming and kicking Bubba. Lara Walker says she kicked so hard she lost her shoe and fell back wards. She and the owner of Rudy testified Bubba's bite left the shar-pei severely injured and traumatized.

Now, a judge must decide whether Bubba is such a threat that he should never be allowed out of lock-up again.

"We're really hoping that the District of Columbia comes to their senses and they realize that Bubba is not dangerous," said Isvarin.

The judge is expected to rule in the next few days, whether or not to put Bubba to sleep.


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