Back in November, I reported on a blog post by Mayor Graham of Watertown, New York, in which he advocated banning all dogs from any public events, as well as from within 20 feet of any public playground, pool, or sports field, in response to one very sad and unfortunate accident that happened at the Watertown Farmer’s Market in August.
I realized back then that introducing such a measure in Watertown would have wider implications if it were to pass – in particular, that other towns in New York and across the United States would look at is as a case example and attempt to introduce similar laws in their locations, just like dangerous dog and breed-specific legislation have been sweeping this country from one coast to the other. Sadly for New York, councilwoman Roxanne Burns introduced Roxy’s Law, legislation that would make it illegal for dog owners to bring their dogs to any public events in the city. The law reads in part,
It shall be unlawful for the owner of any dog to permit or allow such dog to be present at any “Special Event” in the City or to be upon City owned property and within 20 feet of any City owned swimming pool or playground equipment located within any City park or playground. For purposes of this section, a “Special Event” shall mean the following activities upon City owned property: The Farm & Craft Market; The 4th of July Concert at Thompson Park; or The Jefferson County Fair. A “Special Event” shall also include any other specifically approved event conducted, at least in part, upon City owned property and which will or may involve significant public assembly.
Although there was significant public outcry, including television and newspaper interviews, a petition and accompanying Facebook page, and dog owners who went to the council meetings to oppose the measure, it passed in the middle of January and now all dogs are banned from public events unless they are “confined within an automobile, crate, cage or similar structure” or they fall under one of New York’s categories of “Dogs of Service”, which include not only Service Dogs for persons with disabilities, but also Search-and-Rescue Dogs, Therapy Dogs, military working dogs, and police K-9′s.
(My readers, like me, may appreciate the irony that the councilwoman who introduced and pushed this legislation, Roxanne Burns, was arrested for aggravated DWI in December after driving her car into a railing and fleeing the scene with a BAC of 0.20, nearly three times the legal limit. The irony here lies in the fact that drunk drivers kill and injure more people each year than dogs ever do … yet councilwoman Burns managed to get dogs banned based on one bite incident in the town, yet presents a much greater danger to the citizens of the town than the handful of dogs attending events do.)
Anyway. Now that this precedent has been set in the town of Watertown, the nearby town of Carthage has proposed a similar ban, which will be heard this upcoming Monday.
I am a lot more interested in what happens in Carthage than what happens in Watertown because it is closer to home. Carthage is where I go to my doctors’ appointments, my dance classes, my takeout food places, my Farmer’s Market, and also where I work. As a result, I spend a lot more time in Carthage than Watertown. Carthage is also much smaller than Watertown – it’s Smalltown, USA. People like going to things with their dogs and their kids in tow more here than they do in Watertown, and events are not nearly as busy in Carthage as they are in Watertown – there are probably less people lining the streets for parades than there are in the parade. Needless to say, a ban here would affect me as a responsible dog owner.
That all said, I’d like to make a few points to say why these dog bans are pointless and won’t prevent dog bites within the town limits at all. I would love to say these things to the town council in person, but I won’t be able to. I’ve only just found out there will be a town meeting on Monday to address this, and I have two dog training clients that I meet on Monday at the same time.
Fact 1
Carthage does not have a “Dog Bite Problem”
In the past year I’ve worked in Emergency Medicine in this town, we have never once taken a person to the hospital with a dog bite – neither a child nor an adult. We have taken plenty of people for other reasons that are just as preventable as a dog bite – intoxication, drunk driving, assault, overdose, prescription and illegal drug abuse, and a long list of other completely preventable medical reasons. Out of the things that are a threat to the public in Carthage, dog bites are essentially non-existent.
Fact 2
The chance of being bitten at a public event is negligible.
I know that we hear and read a lot about dog bites – especially since the same stories seem to hit many different news outlets at the same time. But is there really a dog bite epidemic in the United States? The Center for Disease Control does not think so.
Although an average of 885,000 people seek medical attention for dog bites each year – that includes visits to the family doctor for an infection caused by a bite, as well as serious bites – and this number sounds extremely high, consider that in just February 2012, more than 1.5 million people had to seek medical attention of all kinds after being injured in vehicle crashes, according the to National Highway Traffic Safety Administration. In fact, the CDC points out that dog bites to children between newborn and four years of age have been steadily decreasing over recent years. The CDC further finds that the majority of dog bites occur to people who have dogs in their own homes, and the American Humane Association points out that 67% (two out of three) dog bites happen to a person on their own property, and usually are caused by a dog that they know (such as their own dogs or a neighbor’s dog).
Based on the statistics above, we can assume that 33% of all dog bites happen outside the dog owner’s property – but there do not appear to be any statistics that break this down further. We don’t know, for example, how many people are bitten at dog parks each year while attempting to break up dog fights. Or how many people are bitten by dogs that have escaped their yards and are running loose. How how many dogs bite people at dog shows each year. I would particularly be interested in the latter number because you would logically assume that the number of dog bites are greater at dog events or dog shows because you have a large crowd of people and a large crowd of dogs in the same, often indoor, areas.
Suffice it to draw the following two conclusions -
ONE -> When it comes to the likelihood of being injured, the average American is more likely to be injured while driving their car (or riding in a car) for a single month than they are to be injured by a dog bite all year long. The average American is also more likely to be the subject of domestic violence.
TWO -> The likelihood of being bitten by a dog at an event that is crowded with people (and other dogs) is nearly negligibly small compared to the likelihood of being bitten by your own family dog (or a family member’s dog) in your or their own home.
Therefore, this type of legislation does not, will not, and can not prevent dog bites.
Fact 3
This legislation will hurt the town of Carthage
As I mentioned above, Carthage is the proverbial Smalltown, USA. Like many small towns, Carthage no longer has a whole lot to offer – a grocery store, a gun shop, a few places to get food and a couple of places to pick up knick-nacks, along with the Farmer’s Market and a few, select events throughout the year. Most people, unfortunately, already have to rely on outlying, larger towns for the majority of their shopping as well as for the majority of events.
One of the nice things Carthage did have going for itself was the fact that the events were not as busy, leaving plenty of room to bring your dog to the neighborhood parade without being in anyone’s way, or walking down to the Farmer’s Market to pick up a few thing. (As a matter of fact, some of the Farmers Market vendors brought their dogs, too.)
I don’t and won’t presume to speak for the dog owners living in Carthage, but as far as I am concerned, I would most likely stop attending parades and other outdoor events unless I am a participant if I cannot bring my dog. And instead of talking a nice walk to the Farmer’s Market with my dog to pick up some fresh-grown produce, I’d just shop at the commissary because, at that point, it would just be about getting groceries, and I can do that plenty of places. I don’t need to take a special trip to the Farmer’s Market that’s only on once a week.
I expect that other Carthage dog owners feel the same way, as I’ve seen some of them interviewed on TV.
Fact 4
Banning dogs from events promotes bad dog ownership
I know that many of the proponents of the dog ban love to say that no dog really wants to be in a crowded public place and that the best thing owners could do for their pups would be to leave them at home in a fenced yard, where they belong. This shows exactly that these folks have absolutely no idea of what a dog would want – or even what a dog’s actual needs are.
Dogs are and always will be, pack animals. Pack animals are happy when they are with their pack, whether that’s their humans or a group of other dogs. Dogs are never happy confined and isolated to a back yard day in and day out. (As a matter of fact, a quarter of all fatal dog bites are caused by dogs chained up outside.) While not every dog enjoys crowds, the majority of dogs prefer being out with their humans at a parade over being stuck alone in yards – just ask the many people who’ve emailed me to figure out how to deal with their dogs’ unwanted boredom behaviors, such as digging, barking or howling, and escaping.
But, providing a dog a safe place at home isn’t necessarily irresponsible – most of us do it while we are at work. What is truly irresponsible is suggesting that dogs are welcome at events if they are “confined to a vehicle” or cage. It’s that vehicle part that’s especially ludicrous, considering that New York already has a law on the books that makes it illegal to leave an animal in a car.
Fact 5
Banning dogs from events hurts responsible dog owners
This is kind of a “duh” statement, but I think it’s important to include it. The majority of dogs I have met at events have belonged to people who were knowledgeable about dogs and wanted to give their dogs every opportunity to be well-socialized, comfortable in all situations, and a good ambassador for their respective breed. Many I’ve met are active with their dogs in one venue or another, whether that is herding or conformation shows or therapy work or just plain old obedience training.
Most I’ve spoken to have been bringing their dogs since they were young puppies, ensuring they were well-socialized and able to stay obedient under a lot of distractions. And, let’s face it, that not-so-busy corner on the parade route is fantastic to work on proofing obedience training! Where else do you get flags, bands, balloons, fire trucks, and a whole slew of other weird things and loud noises at the same time?
Fact 6
Persons with Disabilities
Lastly, as a Service Dog advocate, the way the law is currently written in Watertown, and the way the law is being proposed in Carthage, leaves a sour taste in my mouth. The law reads as follows,
There shall be excluded from this section any owner of a dog which is defined under Section 108 of the New York Agriculture and Markets Law, as the same may be amended from time to time, as a guide dog, hearing dog, service dog, working search dog, therapy dog, detection dog, war dog, or any other dog which may be utilized by law enforcement agencies within the jurisdiction of the City, or which are professionally trained service animals utilized by persons with disabilities.
You may notice that this last sentence has some bold text – specifically, that it says that the law does not apply to Service Animal that are professionally trained. You may find it interesting that the Americans with Disabilities Act, which covers all of the information pertinent to Service Dogs, makes absolutely no note of any requirement that Service Dogs must be trained professionally. As a matter of fact, in the United States, Service Dogs can be trained by their owner, a friend, a trainer they’ve picked from the phone book, or a Service Dog organization. As long as the person who is with the dog has a disability that qualifies for a Service Dog and the dog has been trained to do specific tasks, plural, for this person, the dog is a Service Dog.
This potentially opens a whole can of worms for legitimately disabled person with legitimate Service Dogs who may find themselves challenged at an event, either by staff or by police, to provide proof that their dog is a Service Dog and that the dog has been professionally trained – neither of which can be legally required as per the ADA.
Even more interesting is the New York Agriculture and Markets Law, which is listed above and which excludes certain types of dogs, including Service Dogs but also Police Dogs, Detector Dogs, Therapy Dogs, and Search-and-Rescue Dogs. The actual law that includes all of the definitions can be found here, but here’s something that’s of particular note, and that is paragraph 123b. This states,
(a) “Service animal” shall mean any animal that has been partnered with a person who has a disability and has been trained or is being trained, by a qualified person, to aid or guide a person with a disability.
Note that it says “is being trained by a qualified person.” This means that not only the disabled handler and his trained Service Dog are covered under the New York law, but also a qualified person who is training a dog for the (future) benefit of a disabled person. So now you’ve got the fact that you are already not allowed to demand proof of training or certification for a Service Dog, but also the fact that anyone could say they are qualified to train a Service Dog and are training the dog, which makes things even harder both for the event staff personnel and police trying to enforce these types of laws and persons with legitimate Service Dogs who will be hassled to no end any time they decide to attend an event.
Don’t think it happens? Google “Service Dog certification” or “Service Dog registration” and see how may businesses you come up with from whom you can order a Service Dog ID tag, vest, and certificate for under $200 to pass your very own dog off as a Service Dog or Service Dog in Training. Or just search my blog or Google for “Service Dog fraud” or “fake Service Dog” to come up with some instances where fakers have been encountered and exposed, both in the media and by bloggers. Because it does happen – a lot. And laws like these make it more likely to happen while at the same time making it also more likely that real persons with disabilities are hassled more in public because they rely on their dogs.
Bottom line – banning dogs from public events won’t make a difference in the amount of bites that occur and it’s not anywhere near being an important issue for lawmakers to tackle, especially considering more pressing issues that should receive their attention.
There’s also only one way to prevent dog bites – teach people to be safe around dogs.
I know that sounds like another “duh” moment, but many people really don’t know how to be safe around a dog. I’ve had grown adults sneak up behind my dog and reach down suddenly for a quick pet without ever asking me. I’ve had parents tell their toddlers that it’s okay to go pet my dog without asking me, the dog’s owner. I’ve had kids hang around my dog’s neck, grab her whiskers, touch her tongue, yank on her ears, because nobody has ever told them that this is not ever appropriate behavior with a dog, even one they know. I’ve found that children who have dogs at home are frequently the worst offenders, telling me that their dog “loves this” as they yank my dog’s facial fur about like a ragdoll, because they are allowed to treat their dog like a living toy at home. And yes, I’ve seen adults do plenty of stupid things, too. Like getting right into a dog’s space, hugging, grabbing all over the face, even kissing the dog on the nose.
This video featuring news anchor Kyle Dyer and a dog named Max graphically demonstrates just how stupid people who claim to love animals (but know little about them) act around dogs – Kyle was in his space, rubbing all over his face, crowding in more and more, and then moved in to kiss him on the nose. In this case, the dog gave tons of signals showing his discomfort – stressed panting, tight lips, ear flicks, leaning away, turning his head, tongue flicks and, in the end, teeth and then a bite – that were ignored by both the news anchor and the dog owner.
This bite, like just about all dog bites, were perfectly preventable. Not by banning dogs from the studio. Or from events. But by educating people – especially people who interact with dogs that do not belong to them – about how to properly interact with a dog. Bottom line … if it isn’t yours, you should probably keep your hands to yourself. That goes for me, my house, my car, and yes … my dog. My dog is not a plush animal outside for your personal amusement. And if people keep their hands to themselves, the chances of getting bitten are pretty small indeed.
