Hearty thanks to Operation Socialization for offering me a great guest blogger opportunity! Operation Socialization is a network of professional dog trainers and businesses. Operation Socialization’s vision is to raise awareness about the importance of puppy socialization and to provide the humans on the other end of the leash with education and resources to give puppies the best possible start in life.
An American flag flies over Ground Zero today. People in New York and all over the world observe a moment of silence at the exact times that the planes struck each of the Towers, the Pentagon, and the ground in Pennsylvania. The flag reminds us to never forget those who perished on what may be the darkest day of our history.
All was not dark that day. Incredible acts of heroism took place ten years ago — not the least of which were the passengers on the plane in Pennsylvania who sacrificed their lives so that another attack would not occur in Washington, DC.
There were plenty of canine heroes working beside the human heroes that day. The Daily Mail Online has a beautiful tribute to the few surviving search and rescue dogs from 9/11, with photos of the dogs then and now. Ten years ago, these dogs were adolescent search and rescue dogs who worked around the clock with their handlers to search for survivors among the rubble at Ground Zero. Today, these dogs are beautiful mature seniors who are still faithful companions.
And speaking of the most faithful companion of all, the Scoop has the tale of Omar Rivera, a blind computer technician who was on the 71st floor of one of the towers ten years ago. Knowing he would not make it to the bottom in time, Rivera selflessly unleashed his service dog, Dorado, to at least give Dorado the chance to escape and survive. The pressing crowd came between Dorado and Rivera, but Dorado fought his way back to his handler, and actually led him to safety down 71 flights of steps before the tower collapsed.
May we all stay safe today and every day. And may we always remember those who we lost ten years ago, and those — human and canine — whose acts of bravery will always shine through the darkness of that day.
If you have time tomorrow (Sunday, September 11, 2011), please come join me for a presentation on Dog Ownership and the Law from 1:00 to 3:00 at Fur-Get Me Not’s Dog Training School at 4120 South Four Mile Run Drive in Arlington, Virginia.
If you think of it, please register online beforehand on Fur-Get Me Not’s website, in order to give us a sense of how many people are coming. But if you didn’t pre-register, no worries! Feel free to drop by anyway.
Attendance is free, but we are suggesting a $15 donation. All proceeds go straight to Fur-Get Me Not’s rescue partners, including Homeward Trails Animal Rescue!
For more information on this presentation, or Fur-Get Me Not’s other seminars in their “Back to School Series,” you can go to Fur-Get Me Not’s website or take a look at my previous blog post.
Fur-Get Me Not is introducing a new “Back to School” series in September, and I was honored to be asked to contribute. Join me at Fur-Get Me Not on September 11 from 1:00 to 3:00 PM for a presentation on “Dog Ownership and the Law.”
This presentation will discuss the state of companion animal and dog law, focusing on the most pressing legal issues facing dog lovers and our dogs. I’ll discuss topics such as the duties and responsibilities of pet owners, breed specific legislation, and the state of companion animal law in Virginia.
Registration is required (and very simple – just go to their website to register on line!). The seminars take place in Fur-Get Me Not’s wonderful new training studio located at 4120 Four Mile Run Drive in Shirlington. Fur-Get Me Not suggests a $15 donation for these sessions (except Doggie Yoga, see below), and the proceeds will be donated to Fur-Get Me Not’s rescue partners, including Homeward Trails Animal Rescue!
Here is the rest of the line up for the Back to School Series:
On September 18, Pure Prana Yoga Studio will have a “Doggie Yoga” session. The cost of this session is $35, $15 of which will be donated to Fur-Get Me Not’s rescue partners.
Tickets will be $2 each, or 3 for $5. The drawings will be held at the Super Pet Expo at 4:00 PM on Sunday. You don’t need to be present, but we will require your name and email address and/or phone number on the raffle tickets — solely so that we can contact the winners.
Raffle #1 (Protect Your Mark! ) includes:
A free intellectual property assessment and preliminary trademark availability search and report for a lucky business or not for profit organization, by my colleague, Alain Lapter (the winner will need to clear a conflict check with Bean, Kinney & Korman, P.C.)
A one year subscription to NOVADog Magazine
Premier dog toys from Cooperative Paws
A gift certificate for a three-month Treat of the Month Club from Karing by Kristina and Barkley Square, and yummy Barkley Square goodies
Raffle #2 (Plan for Your Pal!) includes:
A free pet trust for one companion animal from my colleague Jennifer Lee and me (limited to individuals in Maryland, DC and Virginia — winner will need to clear a conflict check with Bean, Kinney & Korman, PC)
Awkward Family Photo book
Dog training phone consultation with Opportunity Barks
Premier dog toys from Cooperative Paws
A gift certificate for one free weekend of pet care from Karing by Kristina, and Barkley Square goodies
Raffle #3 (Weekend in Woodbridge)
A weekend of cageless boarding and spoiling for your dog pal with the Pawkeepers in Woodbridge, Virginia
A dog training phone consultation with Opportunity Barks
Premier dog toys from Cooperative Paws
OS Cloud Star Sticky Trainers from Operation Socialization
Barkley Square goodies
Raffle #4 (Train, Baby, Train! Puppy Package)
Gift certificate for puppy classes with Operation Socialization certified Alison Coates and K to 9 Dog Training
$50 gift certificate from Fur-Get Me Not (good for daycare, boarding, dog walking, pet sitting or training)
Premier dog toys from Cooperative Paws
OS Cloud Star Sticky Trainers from Operation Socialization
Barkley Square goodies
Raffle #5 (Train, Baby, Train! Adult Dog Package)
Gift certificate for dog training classes with K to 9 Dog Training
$50 gift certificate from Fur-Get Me Not (good for daycare, boarding, dog walking, pet sitting or training)
Premier dog toys from Cooperative Paws
OS Cloud Star Sticky Trainers from Operation Socialization
Don’t forget to stop by the Super Pet Expo this Friday, Saturday and Sunday in Chantilly, Virginia! Bean Kinney will be in Booth #721 (note this is a slight change from our original location). We’ll have great giveaways and raffles, including a raffle dedicated to this post on pet trusts — one free pet trust for one lucky companion animal! Another raffle will include a free intellectual property/trademark consultation for a business or rescue! Please stop and say hello!
As a preview to our raffles, please enjoy the following article regarding pet trusts by me and my colleague, Jennifer Lee, and courtesy of NOVADog Magazine.
Provisions For Pets: How To Include Four-Legged Family Members In Your Estate Planning
Just last year, forlorn family members brought Bonnie, a five-year-old Golden Retriever mix, to a local shelter. Bonnie’s owner had just died, and the family wasn’t able to keep her. Bonnie was very lucky – she was adopted by one of the shelter veterinarians the very same day she went up for adoption.
Not all dogs are as lucky as Bonnie. The Humane Society of the United States estimates that animal shelters across the country care for six to eight million animals a year, and approximately three to four million are euthanized each year. These numbers are down drastically from the 1970s, when 12 to 20 million animals were euthanized each year, but we still have a long way to go. One way to avoid this unfortunate scenario is to provide for your pets in your estate planning.
Beyond Leaving Money to Your Pet
Many people scoff at the idea of including pets in their estate plans, pointing to stories such as billionaire New York City hotel operator Leona Helmsley. When Helmsley – nicknamed the “Queen of Mean” – died in 2007 at the age of 87, she left a $12 million trust to care for her ill-tempered Maltese, Trouble. Of her $4 billion estate, Helmsley left $5 million in cash and $10 million in trust to her brother, and $5 million in cash and $5 million in trust to two of her four grandchildren. Helmsley cut the other two grandchildren out completely.
Not surprisingly, the family filed suit, and the court cut Trouble’s trust from $12 million to $2 million. That $2 million goes towards annual costs of $60,000 for the caregiver’s guardian fee, $8,000 for grooming, $1,200 for food and $100,000 for full time security. Apparently, Trouble needed security after having received multiple death threats.
Planning for your pets is about much more than just leaving money to your pampered pooch. If you fall ill or are in an accident, everyone around you will be devastated and may not think about your pets. In that situation, your pets need immediate care, and your loved ones need guidance. The better you plan, the easier it will be for your grief-stricken relatives and friends to help.
Recent changes in estate law and the manner in which courts view pets have made planning for the future easier. The following are a few of the tools you can use to plan for the care of your pet. Because of differences in state law and the considerations unique to each pet owner and pet, it is recommended that you consult an attorney to determine the best tool for your particular situation.
Your Will
Some pet owners make provisions for the care of their pet in their will. However, a will has several drawbacks – it can take a long time to probate a will, or someone may contest it. Your wishes may not be put into effect until the conflict is resolved or a court may refuse to enforce your instructions. Additionally, a will is only effective upon your death.
Power of Attorney
Should you become incapacitated, a power of attorney with special provisions for your pet can be very useful. Those provisions should authorize your agent to care for your pet and spend your money for your pet’s care. You can also give your agent the power to place the pet with a long-term caregiver if necessary. However, a power of attorney is only effective while you are alive.
Pet Trusts
Perhaps the best option is to have a power of attorney along with a pet trust. A pet trust is a legally enforceable method to arrange for the care and maintenance of your pet in the event you become incapacitated or die. Depending on the laws of the state in which a pet trust is established, a pet trust can continue for the life of your pet or 21 years, or whichever occurs first.
One of the most important decisions is to designate a trustee of your pet trust. The trustee will hold, manage, and administer the trust funds according to the terms of the trust. You must also decide who will be the pet’s caregiver on a day-to-day basis. It is crucial to name someone who is willing and able to take on this duty. You should name alternate trustees and pet caregivers in the event the original trustee or caregiver becomes unable to serve in their respective functions for whatever reason.
In a pet trust, you can be as specific as you wish about the care of your pet. Consider the standard of living you want your pet to have, and the type of care that your pet is to receive. You can specify your preferred brand of pet food, veterinarians, walking/exercising instructions, training, behavior concerns, and other special instructions. For instance, when owner Ken Kemper of Hagerstown, Maryland died several years ago, Kemper left $400,000 and his house to his three rescues – a beagle and two lab mixes named Buckshot, Katie and Obu-Jet. He also left instructions that the dogs were to have a special weekly dinner. The dogs’ caretaker continues Kemper’s tradition of a Friday night spaghetti dinner, complete with meatballs and garlic bread.
How Much is Enough?
Determining what sums are reasonable for your pet’s care is important so that you can fund the trust appropriately. Expenses to be considered include food, housing, medical care, and grooming.
As with Leona Helmsley, courts will not hesitate to scale back a pet trust that is out of line with the amount someone has left for their loved ones. The amount you should leave in a trust for the care of your pets must factor in not only the size of your overall estate, but also the needs and age of your pets.
Paul Sullivan, a writer with the New York Times, recently wrote an article entitled “Animal Lovers, Beware of Ownership Costs,” questioning the ASPCA’s numbers as being far too low. Sullivan includes many stories about pet costs that far exceed the ASPCA’s estimates. One story was about Moose, a Labrador retriever who needed to have a sock surgically removed from his stomach – to the tune of $6,000 in vet bills. As Sullivan mentions, many of us pay far more than the ASPCA’s estimates in just dog walking and doggie daycare costs.
When thinking about how much to leave for your dog, as well as a possible option for a back-up caregiver, consider the various veterinary schools with programs designed for long-term care of pets. Texas A&M’s College of Veterinary Medicine and Biomedical Sciences has a privately funded program called The Stevenson Companion Animal Life-Care Center. There is an enrollment fee of $1,000 and a minimum endowment requirement based on the age of the owner at the time of enrollment (currently between $10,000 and $50,000 if the endowment is paid at the time of enrollment, or between $50,000 and $100,000 if the endowment is made by bequest). Other veterinary schools with similar programs include University of California-Davis, Oklahoma State University, the University of Minnesota, Kansas State University and Purdue University. These programs generally seek contributions or endowments in the range of $25,000 to $30,000 for one dog.
No Time Like the Present!
Bonnie was very fortunate that she found someone right away to care for her. But not all dogs in her situation are as lucky. With careful estate planning, you can give your loved ones the guidance they need to provide for your pets in the unfortunate event of your death or incapacitation. There is no time like the present to get your estate planning in order – for you and your pets!
Arlington County’s sign ordinance defines “sign” as “[a]ny word, numeral, figure, design, … [or] display … used to direct, identify, or inform the public while viewing the same from outdoors.” The ordinance requires a permit before a business can display a sign, and limited Wag More Dogs to three signs totaling no more than 60 square feet. The $4000 mural is 16 feet by 60 feet – 960 square feet.
The County declared the mural a prohibited sign, and gave Wag More Dogs three options: (1) pay a non-refundable $1,782 fee for a special exception permit which may be granted or denied; (2) paint something else unrelated to the business like flowers over the dogs and bones; or (3) paint “Welcome to Shirlington Park’s Community Canine Area in four-foot high letters above the mural to create an informational sign that would not need a permit. Retaining the mural would result in civil fines and possibly even criminal prosecution.
Wag More Dogs decided to fight back, and filed suit in federal court, bringing a First Amendment challenge against Arlington County’s sign ordinance. The County responded with a motion to dismiss, which Judge Brinkema heard last month. Earlier this month, Judge Brinkema issued a 33-page Memorandum Opinion.
Judge Brinkema’s first line of business was to decide whether the federal court had subject matter jurisdiction over the dispute. The County argued that Wag More Dogs lacked standing to challenge the sign ordinance because its mural was so clearly in violation of the ordinance. I didn’t really follow this or why the County even tried to make this argument. Judge Brinkema easily found that Wag More Dogs had standing, which takes three things: (1) injury in fact – losing the mural and suffering civil fines and criminal prosecution is about as straightforward as injury gets; (2) causation – the ordinance itself spells out the penalties constituting the “injuries in fact”; and (3) redressability – striking down the ordinance would redress Wag More Dogs’ issues with the statute.
So far, so good for Wag More Dogs. But unfortunately, this is where Wag More Dogs’ luck runs out.
Judge Brinkema’s opinion goes on to analyze Wag More Dogs’ constitutional challenges, which came in three layers: (1) the ordinance violates Wag More Dogs’ right to free speech and artistic expression; (2) the ordinance is overbroad and vague; and (3) the County’s alternatives restrain speech or unconstitutionally compel speech.
Looking first at the free speech argument, Judge Brinkema had to determine what level of scrutiny would apply to the sign ordinance. Quintessential political or artistic speech earns the highest form of scrutiny – strict scrutiny. But Judge Brinkema concluded what was at issue is a content neutral ordinance aimed at commercial speech, warranting only intermediate scrutiny.
The intermediate scrutiny test requires the sign ordinance to serve a “substantial” government interest, in a manner that is “in proportion” to that interest and no more restrictive than necessary to achieve it. The purposes of the sign ordinance are traffic safety and avoiding visual clutter, which courts have not hesitated to conclude are “substantial” government interests. Judge Brinkema also found that the sign ordinance was in proportion with its interest, because it merely restricted the size and number of signs without banning commercial speech.
Next, Judge Brinkema analyzed Wag More Dogs’ argument that the ordinance was overbroad and vague. Wag More Dogs made both a “facial challenge” and an “as applied” challenge. For the facial challenge based on vagueness, Wag More Dogs would need to show that no set of circumstances exists under which the law would be valid. Judge Brinkema had no problem finding that the ordinance, and its definition of “sign” as something that “directs, identifies or informs,” was not vague because it used words of common usage, with plain and ordinary meanings easily understood by the average person.
For the “as applied” challenge, Wag More dogs pointed to an email from County Zoning Administrator Artman saying that “the mural cannot show anything that has any relationship with your business,” such as “dogs, bones, paw prints, pets, people walking their dogs, etc.” Judge Brinkema was not troubled by this “any relationship” test, saying that Wag More Dogs failed to allege the County even really uses that test, and that even if it did, a reasonable person could easily understand and apply the test.
Lastly, Judge Brinkema analyzed the County’s proffered alternatives of applying for a special exception permit, painting over the mural or adding language to it. Judge Brinkema handily dismissed these arguments. She found that the County’s special exception permit scheme needed only adequate standards and a fair opportunity for judicial review, which were built into the County’s Comprehensive Sign Plan. Regarding painting over the mural, or adding language to make the mural an informational sign, Judge Brinkema noted that these was only options, and could not be considered unconstitutionally compelled speech.
In the end, Judge Brinkema granted the County’s motion to dismiss, ending the case at a very early stage. We’ll see if the Institute for Justice continues the fight with an appeal.
As unfair as it may seem, the truth is that it takes a lot to strike down an ordinance. You can see how difficult it was, even when the right to free speech was at issue. At least Wag More Dogs had the benefit of intermediate scrutiny for its constitutional challenge, and Judge Brinkema still did not hesitate to uphold the sign ordinance. Imagine if free speech were not an issue. With statutes like breed specific legislation, there is no heightened scrutiny, with courts applying a “rational basis” test. You will hear me moan about this when I start blogging about breed specific legislation – I promise, it’s coming!
While there may be some basis behind Arlington’s sign ordinance, the ordinance produces inconsistencies that are hard to deal with. For instance, if Wag More Dogs were beside a flower shop, theoretically the flower shop could put up the Wag More Dogs mural, and Wag More Dogs could paint flowers on its wall. As another example, graffiti like what has been tagged on the walls of The Muddy Mutt next door is not off-limits. I don’t know about you, but I’d much rather look at the Wag More Dogs mural.
Excuse the silence for the last couple of weeks, but I am back and rejuvenated from a wonderful vacation in Costa Rica. We flew into Liberia — a town in the northwestern province of Guanacaste with a more laid back airport than San Juan. We stayed in Playa del Coco, a beach on Papagayo Bay on the Pacific side of Costa Rica. Playa del Coco is aptly named due to the dark brown, cocoa colored sands. If I had to do it all over again, I would not have stayed in this town, but we did have a lovely view from the balcony of the condo we stayed in.
We managed to walk over to a nearby, quaint little beach called Playa Ocotal. I fear development is moving so quickly that this beach will also be overrun with tourists soon, but for now, it is quiet and pleasant. I also met my favorite canine pal in this town. The dogs don’t generally live inside houses, and the ones I saw wandering around fortunately appeared healthy and generally happy. This guy came right up to me and put his head in my lap for a good ear rub. Then he laid down under this table for a nap.
Playa Tamarindo is a gorgeous beach. There were lots of tourists in this town, and lots of people who came to visit and just ended up never leaving. This beautiful calico joined us for lunch one day.
Tamarindo had lots of canine beach bums — some strays, some owned by locals and some owned by foreigners.
The highlight of the trip was traveling to the cloud forest in Monteverde. Here are some shots of the gorgeous countryside on the way from Playa del Coco to Monteverde.
Once we got to Monteverde, we spent the day in Selvatura Park. We started with a canopy tour of the rain forest. Had I known more about “canopy tours” and “zip lines,” I’m not sure I would have worked up the nerve to participate, but once I was up there, I was glad I did! After lunch, we walked through the hummingbird garden. What beautiful, graceful creatures! We ended the day with a walk on suspended bridges. Unfortunately, we really didn’t see a lot of wildlife. It seems that all the work to put in cable lines and suspended bridges, and all of the foot traffic, manages to scare the animals away. So much for pure ecotourism.
On the way back from Monteverde, we stopped in a town where some folks kept Macaws and other animals — including puppies! They were kind enough to let us into their yard to take some pictures.
On my last couple of mornings in Playa del Coco, I made sure to spend some time with some local animals, including the cat who frequented our breakfast hangout every day.
It is apparently not all rosy for companion animals in Costa Rica. But towns and vets are making efforts to spay and neuter the strays. In fact, Playa del Coco had an adoption and sterilization program. Although I didn’t want to see animals without homes, I was glad to see strays who seemed to be in decent health, and some even well off enough that they had time and energy to play. I didn’t have my camera handy one day, but one little canine beach bum in Playa del Coco took it upon himself to “adopt” many of the tourists and play in the sand with anything he could find!
As wonderful as Costa Rica was, and as friendly as the Costa Rican people were, we were glad to get back to Boomer and Sophie. Much thanks to our dog walker and dog sitter from Fur-Get Me Not! We could tell how spoiled the dogs were while we were away, because instead of going crazy when we got home, they just took it all in stride!
UPDATE (3/14/11): The Super Pet Expo has had to make some floor plan revisions. Bean Kinney’s booth will be #721 — right across from our original location.
Hearty thanks to Operation Socialization for offering me a great guest blogger opportunity! Operation Socialization is a network of professional dog trainers and businesses. Operation Socialization’s vision is to raise awareness about the importance of puppy socialization and to provide the humans on the other end of the leash with education and resources to give puppies the best possible start in life.
Companion Animal Law Blog 
