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PA PUPPY MILL & RELATED COMPANION ANIMAL NEWS

09-05-08 -- Dog Supporters Rally in Chambersburg to Change PA Law
By:  Jim Hook, Public Opinion

Local dog lovers struggled Thursday to find a voice for the dog debarked by having a pipe jammed into her throat and for the dog that was shocked by a collar every time she yelped in pain from bladder stones the size of doorknobs.

About 100 people listened as speakers encouraged them to support a bill (H.B. 2525) that would regulate commercial dog breeders. The sometimes boisterous crowd also raised questions.

Len Lindenmeyer of Fayetteville stood up near the end of the rally. He said he was more informed, but at a loss what to do next.

"What are we to do, other than go home?" he said.

Supporters should contact legislators and talk to their veterinarians and farmer friends, said Jesse Smith, special deputy secretary of Dog Law Enforcement. Farm and veterinarian trade associations have yet to support the bill.

Three local legislators are among six that have stalled the bill in the legislature, according to Bill Smith of Main Line Animal Rescue. They are representatives Rob Kauffman, R-Chambersburg; Mark Keller, R-New Bloomfield; and Dan Moul, R-Gettysburg.

"How can you vote against dogs going to the vet or not cutting back on water?" Bill Smith said. "I have to wonder about why they are opposing it."

The bill would require breeders to have their animals checked by a vet at least once a year.

Some legislators took exception to a requirement that dogs would have drinking water at least once every eight hours. They sought to amend it to 12 hours.

"The bill has nothing to do with Republicans or Democrats," Bill Smith said. "It has to do with humane treatment of animals."

Rep. Todd Rock, R-Mont Alto, made a late appearance at the meeting hosted by the Cumberland Valley Animal Shelter.

"I'm a lover of animals," Rock said. "I'm for this bill. I'm a hunter. I was a farmer. I don't want to see any animal mistreated. We have nine legislative days left in this session. Otherwise we have to start over."

Fran Horton, Chambersburg, and others wanted a different approach.

"I could almost cry," Horton said. "The Amish would not breed theses dogs, if there was not the demand for the dogs."

Beth Quashnie, Greencastle, said she plans to picket a local pet shop.

Nancy Gardner, president of the Cumberland Valley Animal Shelter, opened the meeting with a moment of silence "for the 80 dogs who died in Berks County and those that continue to suffer."

Animal suffering was a recurring theme throughout the evening as speakers described conditions at "puppy mills," commercial breeders that put profits above animals' welfare.

Ending the atrocities of puppy mills requires new laws, enforcement and public awareness, Smith said.

Speakers described the activities at puppy mills:

- "The thing that gets me is stacking," said Tom Hickey, member of the Dog Law Advisory Board. "They stack these dogs 30 feet high."

They are never let out of their cages, he said. Their fur is ripped off when the cages are power-washed.

"The day they get out is the day they are shot or drowned," Hickey said.

- A dog law officer required a breeder to have his dogs checked for flea and fly bites, but the breeder opted instead for a "mass execution" of the 39 animals, Hickey said. The man had a veterinarian for his horses, but none for his dogs, according to Jesse Smith.

- A dog had her internal organs tied up in knots with twine stitched by a breeder during repeat caesarian operations, Jesse Smith said.

-  "Some are cage spinners," said Libby Williams, a New Jersey advocate for consumer protection. "Other dogs are catatonic. Some avoid all eye contact with you."

- Puppies' feet fall though wire-grid floors and get stuck. It can lead to deformities.

- A dog's ear was bitten off in a crowded cage.

- "Even if a (breeding cage) is good and clean, the dogs are confined all the time," Bill Smith said. "They slowly go insane."

The proposed legislation would outlaw stacked cages, wire floors and surgery by owners. It also would require breeders to have larger cages, outside exercise for dogs and a veterinarian to perform euthanasia.

For more information visit http://www.doglawaction.com.


09-04-08 -- Berks Kennel's License Revoked, Dogs Taken
Conditions had worsened at Burkholder Farm Kennel, officials say.
By:  Tim Darragh, The Morning Call

Berks County Humane Society officers seized eight dogs, and state officials revoked the license of a Maxatawny Township kennel Wednesday after inspections this year showed a ''precipitous plunge'' in conditions there.

Humane Society Executive Director Karel I. Minor said officers served a search warrant to Aaron Burkholder at the Burkholder Farm Kennel. The agency sought the warrant after inspections showed ongoing health and cleanliness problems, Minor said.

Overall, the dogs' condition was ''not horrible but not good,'' he said, saying the seized dogs had ''untreated skin conditions.'' Another dog had an inflammation that, if left untreated, could be life-threatening, he said.

The agency will issue as many as 20 cruelty charges against Burkholder, Minor said. On Tuesday, Burkholder pleaded guilty to eight summary charges filed in June relating to unsanitary kennel conditions. A state Department of Agriculture spokesman said Burkholder paid $800 in fines.

Minor said nine dogs were seized initially, but one was returned when Burkholder showed evidence it had been treated by a veterinarian.

The other dogs, mixed breeds and a Yorkshire terrier and her litter, were taken to the Humane Society shelter in Reading, where they will be given medical care and eventually put up for adoption, Minor said.

Following the seizure, Agriculture spokesman Chris Ryder said Secretary Dennis C. Wolff revoked Burkholder's kennel license, which allowed an unlimited number of dogs. As of mid-August, Burkholder had 133 dogs on the premises.

Burkholder can appeal the ruling.

Records show dog wardens inspected Burkholder's kennel nine times this year, finding 64 dog law violations related to maintenance, lighting, temperature and other issues. Dog wardens, however, are not authorized to enforce cruelty laws, so potential animal abuse charges at kennels have to be filed by Humane Society officers armed with warrants.

A woman who answered the phone at the farm said the family would not comment about the search and seizure.

The seizure occurred a little more than a month after nearby kennel operators shot 80 dogs rather than provide them mandated veterinary care.

Also Wednesday, a representative of commercial dog kennels said he filed a lawsuit in federal court in Philadelphia charging that state dog wardens have been too aggressive in citing kennels in Lancaster County.

Bob Yarnall, representing the Professional Dog Breeders Advisory Council, said he filed the suit against Wolff; Susan West, director of the Bureau of Dog Law Enforcement; and Kristen Donmoyer, a dog warden. Yarnall said the council represents 335 kennels in Pennsylvania.

The suit alleges that since 2006, the bureau systematically targeted and unfairly treated commercial dog kennels in Lancaster County. The county is home to more than 300 kennels, the most of any county in the state.

According to Yarnall, kennels in Lancaster County received 76 citations for violations between 2006 and mid-2008. Meanwhile, kennels in other counties with large numbers of dogs, including Allegheny, Bucks and Montgomery, had no violations, he said.

Ryder said officials could not comment because they had not seen the lawsuit.


09-04-08 -- New Laws Needed in Crackdown on Dog Breeders
By:  Dan Kelly, Reading Eagle

Berks County -  Two Maxatawny Township brothers touched off a storm of public outrage in July when they shot 80 dogs rather than get them required veterinary care.

In response, state and local officials have launched a crackdown on licensed and illegal commercial dog breeding kennels that do not comply with state dog laws.

Wardens with the state Department of Agriculture's Bureau of Dog Law Enforcement have increased their inspections but say they are hampered by antiquated laws that allow conditions that most animal experts consider cruel, unhealthy and inhumane.

The enforcement action against commercial dog breeders takes two forms, said Jessie Smith, deputy agriculture secretary for dog law enforcement.

"We have increased enforcement but we are also seeking tougher legislation," Smith said. "Under current law a kennel can be in compliance and still have dogs in small cages, stacked on top of each other with no veterinary care.

"We can't enforce what isn't there."

House Bill 2525, a bill that would toughen kennel requirements, and House Bill 2532, an animal cruelty law with teeth, are making their way through the Legislature.

Meanwhile, billboards are popping up in Berks County and around the state urging a war on the so-called puppy mills and asking lawmakers to pass the tougher animal cruelty and dog kennel laws.

In Pennsylvania, anyone who breeds or sells 26 or more dogs is considered a commercial kennel and must obtain a state license.

There are 138 licensed kennels in Berks, of which 84 are classified as commercial breeding operations with 50 or more dogs.

There are 650 commercial kennels in the state; 185 are located in Lancaster County, the most of any county.

There were 127,675 puppies sold by commercial breeding kennels. Another 42,234 were adopted from kennels.

However, animal rights activists say their concern is not unlicensed kennels, but licensed operations that flout state dog laws and defy enforcement actions.

There are those who view dogs as pets, domestic animals with a degree of intelligence and behavior that sets them apart from other species and farm animals.

Then there are those, mainly farmers, who see dogs as another farm product.

"They treat dogs like they would treat an ear of corn," said Helen Ebersole, president and founder of United Against Puppy Mills, an animal rights group based in Lancaster.

"Our ultimate goal is to close them all down," Ebersole said of puppy mills.

John Ryan, executive director of the state House Judiciary Committee, said most opponents of the tougher dog laws are legislators who represent farmers in rural parts of the state.



09-04-08 -- Breeder Group Files Suit - Says Laws Enforced Unfairly
By:  Susan E. Lindt, Lancaster Intelligencer Journal

Claiming uneven enforcement and unfair targeting of Lancaster County kennels, a Pennsylvania dog breeder association filed a civil lawsuit this week against some of the state's top dog-law officials.

"Unfortunately, there are times when the courts must intervene to stop the abuse of the executive branch of government," said Robert G. Yarnall Jr., president of the American Canine Association Inc., a member group of Pennsylvania Professional Dog Breeders Association.

The lawsuit, filed by an advisory council of PPDBA in the Eastern District of U.S. District Court, alleges the state Bureau of Dog Law Enforcement special team of kennel inspectors targeted Lancaster County kennels for inspection, "without any basis in the law, unfairly, arbitrarily and irrationally favoring all other kennels located in counties other than Lancaster County and nonprofit kennels."

The lawsuit alleges the Bureau issued 76 citations to Lancaster County kennels from Jan. 1, 2006, through May 31, 2008, but none to kennels in neighboring Allegheny, Bucks and Montgomery counties.

The lawsuit alleges that kennels operating in Lancaster County are three times more likely than kennels in other counties to be inspected by the Bureau and "far more likely to be cited for violations, and over 100 times more likely to receive a warning. There is no rational basis for such a disparity."

The lawsuit, which seeks only $1 in damages — but could sully Gov. Ed Rendell's enforcement efforts — stems from the alleged practices of a specialized team of kennel inspectors hired in recent years at Rendell's direction.

In 2006, Rendell undertook an aggressive campaign to change the state's reputation as the "puppy mill capital of the east," which included appointing Jessie Smith to the newly created position of special deputy secretary for dog-law enforcement.

However, Rendell and Smith are not among those named in the lawsuit.

Meanwhile, officials on all levels around them are named, including Dennis Wolff, secretary of the state agriculture department, which oversees the Bureau; Susan West, who reports to Smith as director of the Bureau of Dog Law Enforcement; and Kristin Donmoyer, one of nearly 100 Bureau kennel inspectors.

Yarnall said Donmoyer was singled out in the lawsuit because of a November 2007 inspection at the Ephrata kennel of Ervin Zimmerman, during which kennel volunteer Carl Gilgore videotaped the inspection.

The lawsuit alleges Donmoyer "blatantly" violated Gilgore's rights when she allegedly threatened him with arrest for videotaping the inspection. However, Yarnall confirmed Gilgore was not arrested and was permitted to videotape the inspection.

Yarnall criticized Bureau inspectors for not giving warnings before citing breeders for kennel violations, adding that inspectors don't tell kennel operators what they need to do to avoid citations when warnings are issued.

"That's not how it should be," Yarnall said. "The Department of Agriculture has always been looked at as a trusted arm of the government. Now they're not looked at that way at all."

An indication of why some people might feel that way can be found in the Bureau's inspection reports, which are uneven, often showing no violations or citations for years at even the largest commercial kennels before Rendell's crackdown took effect.

Rendell showed little confidence in the Bureau's pre-crackdown efforts. In 2006, citing "ineffectiveness," the Governor dismissed the entire Dog Law Advisory Board that guides the Bureau on issues.He replaced them with 16 of his own people, saying, "These appointments are intended to give the board a fresh start and new direction."

Records also bear out that before Rendell's crackdown, Lancaster County's two dog wardens rarely gave unsatisfactory marks on kennel inspections or issued citations against kennel operators — facts that didn't go unnoticed by Rendell.

According to state officials, in 2006 Rendell ordered one of the two dog wardens off kennel inspections, paring his duties to little more than than transporting strays to shelters.

Yarnall said funding for the the lawsuit comes from donations from 335 members of the Dog Breeders Association, which has hotly opposed a slate of proposed changes to the state dog law aimed at improving the lives of breeder dogs who live out their lives in commercial kennels.

The advisory council that filed the lawsuit is a nine-person panel elected by PPDBA to address legislative and legal issues.

Both Smith and Department of Agriculture spokesman Chris Ryder declined to comment on the lawsuit Wednesday.


09-03-08 -- Maxatawny Township Kennel Raided - Nine Dogs Seized
By:  The Reading Eagle

Berks County Humane Society officers seized nine dogs in a raid on a Maxatawny Township breeding operation this morning after a state dog warden reported finding a variety of health problems there due to a lack of veterinary care.

Karel I. Minor, Humane Society executive director, said the state Dog Law enforcement agency organization served a search warrant shortly after 6 at the Burkholder Farm Kennel, 460 Bowers Road. District Judge Gail M. Greth, Fleetwood, signed the warrant.

The dogs that were seized were among a total of 75 and were deemed to have immediate health concerns, such as open sores, Minor said.

The dogs were taken to the Humane Society shelter on North 11th Street, where they will be given medical care, Minor said.

Minor said a Humane Society officer remains at the scene while the organization seeks and court order allowing the society to take custody of the remaining dogs, claiming the inspection revealed signs of neglect.

Humane Society officials will also ask the state to revoke the kennel’s license.

Minor said the owner, Aaron Burkholder, initially refused to allowed the inspection.

Berks-Lehigh Regional Police Chief Michael P. Weiser talked Burkholder into allowing the inspection.

It marks the second time in less than six weeks that inspectors have found signs of neglect at a Maxatawny Township kennel.

On July 24, the owners of two kennels on adjoining farms in the township shot and killed 80 dogs and surrendered their licenses rather than fix the problems noted by a state dog warden after a routine inspection.

Elmer H. Zimmerman shot 70 dogs and his brother, Ammon H. Jr., who operated a kennel next door, shot 10, officials said.

Wardens had ordered 39 dogs checked for flea and fly bites and had issued citations for extreme heat, insufficient bedding and floors that the dogs’ feet could fall through.

Current state law does not bar kennel owners from euthanizing their dogs with firearms, even if the dogs are healthy. Gov. Ed Rendell has urged passage of a state House bill that would allow only veterinarians to euthanize dogs in commercial breeding kennels.

Minor said a Humane Society officer remains at the Burkholder farm to assure nothing happens to the dogs while the court order is pending, Minor said.

Read Kennel Inspection Reports:     2008 Click Here        2007 Click Here        2006 Click Here


09-03-08 -- Dog From Fire Will Stay With New Owner
By:   Monica von Dobeneck, PennLive.com

Miracle, the only survivor of a kennel fire which killed 18 dogs in Bethel Twp. in June, 2007, can stay with her foster mother even though her original owner has a legal right to her, according to a Lebanon County court ruling today.

Judge Samuel Kline commended Dianne Dice, the owner of the kennel, for "climbing above your deep-seated anger and doing what's right for a little dog."

Dice had demanded an apology from the Humane Society of Lebanon County for the way its officers handled the fire and remarks they had made about Dice and her father, Harold. When the apology they offered was not to her liking, she asked for the pug she called "Spunky" back and sued the Humane Society to get her.

In answer to a question from Kline, Dice said the lawsuit was more about the principle than the dog.

The fire which killed the dogs, who were housed in a shed at the Dice home in Bethel Twp., came several hours after the Humane Society filed 19 citations of animal cruelty against the Dices. In remarks after the fire, Humane Society investigator Carl Johnson implied that the Dices had intentionally set the fire.

The fire marshal later ruled the fire accidental, saying it spread from a nearby trash pit. Lebanon County judge Robert Eby also threw out the animal cruelty charges.

Kline read into the record a letter which Dice wrote which stipulated the type of apology she wanted the Humane Society to publish in a newspaper. In part, it read that the Humane Society's actions caused the Dices "tremendous pain and humiliation," that the society regrets Johnson's involvement and statements, that several allegations were "outright lies," and that Dianne Dice was a reputable and caring breeder.

Humane Society shelter manager Greg Setzer testified that the Humane Society board offered several other apologies but could not approve the one Dice demanded.

After today's hearing, Dice agreed to turn over Miracle to her foster mother, Valerie Montgomery, and the Humane Society agreed not to seek money for Miracle's care from Dice.

Montgomery said Miracle has special medical needs related to her injuries from the fire. She is blind in one eye, needs daily eye drops, has scars on her back and is stiff in her joints.

Montgomery said Miracle sleeps on her bed, has the run of her house, and gets along well with her other pug.

"This has become a war between the Dices and the Humane Society, and the only victims are myself and the dog," she said during a break in the proceedings.

Afterward, she said she was relieved.

"This is my baby. She's been through so much," she said.


09-02-08 -- Animal Cruelty in Bradford County
By:  Katie Graham, WETM Channel 18

NEW ALBANY - A Northern Tier man is accused of duct-taping his dog's mouth shut.

Pennsylvania State Police based in Towanda say fifty four-year-old Victor Vial of New Albany Boro in Bradford County used duct tape to hold his dog's mouth closed for an extensive amount of time on Sunday.

It's unclear if the dog is doing okay Tuesday morning.

Vial is charged with cruelty to animals and will appear in court at a later date.


09-02-08 -- Puppy Mill Bill Needs Support
Op/Ed By:  Jane Heller, Daily Record/Sunday News

Once again, the state Legislature will, in early September, attempt to bring up for a vote the Puppy Mill Bill, HB 2525. Before the last session ended, Republican legislators pushed the bill into various committees and essentially gutted the bill, making it useless to protect the innocent dogs locked in these horror chambers called "puppy mills." And don't think we don't have them in York County. We do!

How did your legislator vote? DePasquale is a cosponsor of the bill. Is your legislator? It's easy to find out. Make a phone call today to his or her office (and yes, Bev Mackereth could be voting on this). Ask where they stand and whose interests they are protecting? The puppy millers; the irresponsible breeders; the AKC that makes money from "papering" these pathetic and often "not to breed standard" dogs? All for the money.

In addition, the bill to stop perpetual chaining of dogs may come up again. Think of those animals chained all their lives to a filthy box outside in the freezing cold. Again, these bills offer protection for the animal.

Demand that your legislator put the interests of the animals first and stop catering to the special interests. It's time for change and that includes how we, as a society, treat those that cannot help themselves. Do this today.

JANE HELLER, HUMANE SOCIETY
OF SOUTHERN MARYLAND INC. AND YORK
SPRING GARDEN TOWNSHIP


08-29-08 -- Town Hall Meeting & Memorial in Chambersburg, PA
Advocates of Cumberland County

Join advocates and members of the community as they memorialize the deaths of the 80 breeder dogs and puppies who were first exploited and then slaughtered by puppy millers Elmer and Ammon Zimmerman in an attempt to cover up crimes of alleged animal abuse, cruelty and neglect at their farm in Berks County.

Learn more about the "Puppy Mill Bills" - HB-2525 and HB-2532 and why this legislation is needed in Pennsylvania.

WHEN:      Thursday, September 4 at 7PM

WHERE:    Franklin Street Fire Hall, 158 West King Street, Chambersburg, PA

For additional information, click HERE


08-24-08 -- Oh What A Tangled Web We Weave
The Deception of Pennsylvania’s Dog Law
By:  Jenny Stephens, North Penn Puppy Mill Watch

Go ahead.  Shoot your dog.  Or your cat.  Or your horse.  Representative Dan Moul, (R) Adams County, thinks a bullet to the head is a befitting and humane death for beloved companion animals and, as most Pennsylvanians recently learned, it's even possible to mow down 80 dogs with bullets and experience no dramatic criminal repercussions.

Ever since Elmer and Ammon Zimmerman, owners of E&A and A&J Kennels in Berks County, shot and killed their 80 dogs sometime between Thursday, July 24 and Tuesday, July 29, questions about the law that makes this cowardly and inhumane act "legal" have surfaced.  Many have inquired as to why licensed kennel operators are permitted to legally shoot their breeding stock, believing that private citizens were prohibited from this same gruesome form of euthanasia, and if you think so too, think again.

In Pennsylvania it's perfectly legal to shoot an old, diseased or injured dog as well as a young and healthy frisky pup. No questions asked.  Thanks to Pamphlet Law #83 of 1983 (introduced as HB-350 of 1983) that was signed into law by then Governor Dick Thornburg, any person old enough to legally possess a firearm may decide at any time to end the life of their personally owned pet animal by putting a bullet in their head.

On the surface, this law appears outrageous, perhaps even irresponsible, but a closer look as to why this law was drafted in the first place reveals a scenario where animal loving elected officials were once again forced to choose between the worst of two evils. 

The original intent of then HB-350 was, first and foremost, to do away with decompression chambers that were indeed a most inhumane way to destroy unwanted pets and, in fact, by 1983 many states across the country had already outlawed this depraved and practically medieval contraption.   Alas, nothing legislative is simple in Pennsylvania's agriculturally driven general assembly. 

When push came to shove, the verbiage that permits the use of firearms to destroy pet animals by both humane society organizations and private citizens was used as leverage to outlaw the use of decompression chambers.  In other words, disallow the use of firearms and the legislation won't pass.  Quite the trade off.

If you've been following the attempts to revamp the state's Dog Law as it pertains to puppy mills, this tactic is all too familiar and underscores the power of an agricultural community that now encompasses commercial dog breeders and the Pennsylvania Veterinary Medical Association.  By banding together these farm and animal related special interest groups, and their lobbyists, have held hostage the will of the majority of Pennsylvanians who realize that the state's laws, especially as they pertain to dogs, are largely antiquated and ineffective.

One need look no further than to the tragic events that transpired in late July at a formerly state licensed commercial canine breeding facility in Maxatawny Township to realize what happens when the power of special interest groups over-influence publicly elected officials. 

Realistically, however, when it comes to the deaths of those unfortunate 80 dogs, there's plenty of blame, and questions, to go around.

For those of you who are not clear on who's who and what's what when it comes to authority over dogs in Pennsylvania, here's a crash course: there are two sets of laws - the Dog Law that is enforced by dog wardens and Section 5511 of the Crimes Code that is enforced by humane society police officers. 

When a dog warden encounters any animal who exhibits signs or symptoms of animal abuse, cruelty or neglect that warden has an obligation to contact a humane officer.  It is the responsibility of the humane officer to investigate cases of suspected abuse, cruelty or neglect and, if substantiated, press charges against and prosecute the alleged animal abusers. 

By law, licensed kennel operators must allow a dog warden access to their property however humane society police officers must have either an invitation from the property owner or a warrant to access that same property.

Sometime during the July inspection of Elmer Zimmerman’s kennel a humane society police officer was contacted by a dog warden and summoned to come to the property and here's where it starts to get really interesting. 

First of all, it's rare that a humane officer is called to a commercial breeding kennel for the purpose of evaluating
dogs during a routine kennel inspection.  Secondly, and most importantly, Section 5511 of the Crimes Code is clear: a dog need not be "near death" in order to exhibit signs of abuse, cruelty or neglect or to be deserving of the protections offered by state law.
 
According to the Reading Eagle, humane officer Allison Rudy remarked that she believes dog warden Orlando Aguirre would have alerted her had any dog in Zimmerman's kennel been "near death" but the crux of the issue is really this:

why would a dog warden summon a humane officer to a puppy mill in the first place if there wasn’t a situation that placed dogs in danger?

According to the newspaper account, upon arrival at the property humane officer Allison Rudy supposedly learned that Zimmerman's wife would not allow her to enter the kennel.  Someone, either the dog warden or the humane officer, had to advise Mrs. Zimmerman that if the dogs exhibited signs of abuse, cruelty or neglect that the possibility of filing criminal charges against her husband existed. 

Logically, there is but one reason why Mrs. Zimmerman refused to permit the humane officer to enter the very same kennel that the dog warden had just toured.  Hypothetically, shouldn’t the inability to have seen the dogs provoked enough suspicion about their safety to justify securing a search warrant so that entry would have been possible? 

Elmer Zimmerman opined openly to advocates who lingered at the conclusion of an August 15 candlelight vigil held to remember the lives of the 80 dogs whom he and his brother had recently slaughtered.  He was confused as to why the 2008 July inspection produced such a dramatically different and financially expensive outcome versus that of previous inspections especially when so many of the conditions noted during the current inspection had been present for years yet never had a single citation or financial penalty been issued.  

Zimmerman was apparently confounded when he was ordered to have 39 of his dogs seen by a veterinarian due to flea and fly bites that, rest assured, went above and beyond that of minor skin irritations.  Indeed, since dog wardens are now outfitted with digital cameras it would be of tremendous interest to know if photographs of the doomed dogs exist.  Nevertheless, Zimmerman contacted a large animal veterinarian for advice despite the fact that the state’s Dog Law requires all licensed canine kennels to have documentation providing the name and contact information for the veterinarian of record who cares for the dogs.  Could it be that Richard Martrich and Orlando Aguirre, the two dog wardens who had inspected the kennel over the previous six years, had overlooked this detail and is it possible that the dogs in Zimmerman’s care had never been seen by a veterinarian?

A review of the inspection reports for both E&A and A&J kennels reveal environments that were plagued with problems and distinct patterns.  Active rodent and insect infestation, open food bags, dirty food and water receptacles, matted dogs, dogs in need of grooming, insufficient heat to preserve the dogs' body heat, cobwebs, lack of lighting and excess excreta were all noted during inspections that took place from 2003 through 2008 yet not one citation was ever issued for poor kennel conditions or for a lack of veterinary care. 

It’s important to note that Section 21.30 of the Dog Law DOES allow dog wardens to cite kennel operators for a lack of veterinary care although it is rarely, if ever, used.

By law, Pennsylvania licensed commercial breeding kennels are subject but not limited to a once a year unannounced inspection.  Many, however, are inspected twice annually.  Between 2003 and 2008, a total of six years, both E&A and A&J kennels were inspected as follows:

E & A Kennel

Total Inspections = 15
Problematic Inspections = 7
Follow-Up to Problematic Inspections = 4
Satisfactory Inspections = 4

Read E&A Inspection Reports:      2008 Click Here     2007 Click Here      2006 Click Here

A & J Kennel

Total Inspections = 17
Problematic Inspections = 7
Follow-Up to Problematic Inspections = 6
Satisfactory Inspections = 4

Read A&J Inspection Reports:       2008 Click Here     2007 Click Here      2006 Click Here

In other words, almost half of all inspections for both kennels reflected infractions of the Dog Law that affected the physical kennel structure and its impact on the dogs and/or the actual health and welfare of the dogs kept in those kennels. 

One inspection for E&A on April 17, 2006 reflected several problems and while a follow-up inspection was supposed to be conducted, it never was. 

A&J failed it's inspection on October 12, 2006 although absolutely no warning or citation was ever issued even though many of the problems had occurred in the past and the recurrence alone should have warranted action.
 
Truth be told, no one will ever know exactly what provoked the Zimmerman brothers to pull the trigger of a gun at least 80 times in order to kill the breeder dogs who had served their masters well by producing approximately 2,000 puppies that the Zimmermans sold over a six year period.  Even at a modest fee of $250.00 per puppy the financial gain realized by these “poor” farmers (see Fun Facts, below) was easily in excess of half a million dollars…. much more than most Pennsylvanians make over the same span of time.

In the end, the most plausible explanation as to why the dogs were destroyed has to be for the purpose of avoiding criminal charges.  Clearly, the dogs could not be turned over to a shelter or rescue for fear of a criminal prosecution and their years as farmers gave the Zimmermans the knowledge that through the process of natural decomposition it would indeed be difficult to ascertain the physical condition of the dogs on the day of the inspection once they had been dead and buried for several days.

Between a Bureau of Dog Law that does not mandate its warden employees to enforce the state's regulations, humane society police officers who believe they may only assist animals who are near death, a loophole law that allows anyone to shoot a companion animal on a whim and a general assembly who is being bullied by a rogue group of its own, this story, were it not so sad, has all the makings for a Three Stooges episode.

This is an election year.  As voters, we all shoulder some responsibility with regard to the stalled legislation that's designed to protect dogs.  After all, every representative who is refusing to support House Bill 2525 and/or 2532 secured his or her position by way of the popular vote. 

If you're reading this commentary chances are you've already picked up the telephone on more than one occasion to ask your elected representative to support what are now known as the "Puppy Mill Bills" and, chances are, you won't hesitate to do it again a few more times.  Just remember that should House Bill 2525 or 2532 fail to pass in September, come November there's another way to send a message. 

Undoubtedly, most eyes will be focused on the presidential election this fall, but never forget that it's local and state politics that affect you, your family and your companion animals the most. 

Right about now is an excellent time to start letting those elected officials who refuse to support the Puppy Mill Bills know that there are more dog lovers in Pennsylvania than there are breeders and that you will be voting for candidates who refuse to support the pet profiteers and their breed for greed mentality as well as for those who place compassion above cash contributions.

If you care about dogs you need to use your power as a constituent for the purpose of questioning incumbents and candidates alike as to their position on the Puppy Mill Bills and you won't hesitate to ask your family, friends and colleagues to do the same. 

This year your vote really counts and the dogs in Pennsylvania’s puppy mills are counting on you to help them. 

Fun Facts

Did you know that your tax dollars help finance Pennsylvania puppy mills by way of farm subsidies? 

John Blank, owner of the recently closed Limestone Kennel in Chester County received more than $26,000 in farm subsidies and Representative Arthur Hershey (R) Chester County, author of more than 40 superfluous amendments to House Bill 2525 and co-owner of Ar-Joy Farm, received in excess of $300,000 in subsidies from 1995 through 2006.

Look up other Pennsylvania Farmers - Click HERE