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SOUND OFF!!! Ever have something REALLY bugging you and nowhere to vent about it? Well, this is the place. It does not have to be fauna oriented at all! Get it off your chest right here.

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Old 04-26-2003, 02:03 PM   #121
Dragondad
Thank You

Thanks for confirming what I though, any others out there want to contribute there thoughts on the time taken to write a care sheet.

Also thank you for confirming the verbage of the law. How general it is and not species specific.

Meet you in Oregon, the owls could always live with someone. Wonder if they come with a care sheet.
 
Old 04-27-2003, 11:04 AM   #122
dwedeking
CA Legislation

Passing out caresheets with animals you sell is common sense. We (and a lot of other shops/breeders) did this before the law. The problem with the law is that two things have changed now.

1. Liability
There is now liability on the part of the shop owner on the care of the animal after it leaves the shop. In the state of CA, lawyers are a prime employment sector. People can and will sue for anything. This will cut into the profits of companies who will then stop selling animals. The knee jerk reaction is that "great, now petco won't carry animals", except that first you will see the death of the mom and pop shops. Just the mere chance of having to deal with a lawsuit will scare them into not selling animals. Petco (and other large corporations) have large pool of lawyers to fight litigation. For a small business owner, this removes his profit making it stupid to even risk selling the animal.

With all the differences in husbandry suggestions out there, which one is the "legally" correct one. And what are the ramifications if you pass out one that works for you but is not the one the judge reads.

2. Enforcement
The state of CA is broke. They have no money. The excessive legislation (over 1,000 new laws went into effect this Jan at the state level alone) and taxation has ground down the local economy so that business is stagnant, making it hard to collect taxes as no money is moving to tax. Being ever efficient (as governments always are </sarcasm>) it will take 12 administrators and 3 lawyers for every enforcement officer out there to follow through on this law. In this state the legislators will attempt to raise the taxes to pay for this law, thereby slowing the economy even more.

Animal guardianship. What seems like a simple change of semantics has a large number of legal ramifications. The level of legal issues has increased so dramatically that the movie industry will no longer film movie scenes in the city of West Hollywood that have animals in them. They've taken the money that went into the city coffers and helped the local businesses and moved to other cities (in that part of the state the movie industry has an enormous effect on local economies).

So these "simple" little laws have huge reprecussions beyond what they seem on the surface. Plus we have the beginnings of a slippery slope that could be devestating to those of us that keep reptiles.
 
Old 04-27-2003, 01:05 PM   #123
Dragondad
Interesting Points

In the scope of Care Sheet law liability for the care of the animals can rest with the shop after the animal leaves the shop.

Have there been any lawsuits or pending law suits from the law being put into place? Again this is a serious question if there have been could you please provide me with the jurisdiction and names. I would like to look into the suits and law for further terminology.

As far as West Hollywood goes let them suffer the economic loss for the choice of following in Boulders path. Maybe this will be enough to change the wording back.

Laws get made or changed do to pressure from some organization or entity. To change or make new laws pressure needs to be applied to the selected government to make the change.
 
Old 04-27-2003, 01:51 PM   #124
dwedeking
There hasn't been a test of the law in the courts. I have to ask though which store gets to be the first "test"? There was a woman locally here who sued the city because they named a street "Romana Expressway". Her son decided to drive too fast, dying in a car accident. Her logic was that the term "expressway" implied that driving fast on that street was acceptable. Complete psychotic California logic (thrown out in court) but still you have to pay for lawyers to defend against it. My contention is that the small mom and pop shop can't afford to hire a lawyer to defend against BS.

Quote:
Laws get made or changed do to pressure from some organization or entity. To change or make new laws pressure needs to be applied to the selected government to make the change.
Agree 100%. Problem is that PETA and related organizations have the money and lobby ability that the private herp owner doesn't have (usually because PETA hides behind "feel good" fronts for donations , which donators don't realize have a different agenda behind the scenes). These laws (as most laws do) are getting more prolific and the first step to stopping them is public discussion, hopefully leading to growing pressure on election day.
 
Old 04-27-2003, 02:21 PM   #125
Wilomn
Actually, I think a really good first step would be an open season on lawyers with no bag limits between the months of January/December, inclusive.

West Hollywood is very small, geographically speaking so the loss of using animals there is fairly insignifigant to the industry at large. It's actually being referred to as a Duchy all it's own out here.

I still think we have to many lawyers. And since they are so damn prolific they need to feed voraciously. Hence the STUPID lawsuits. It matters not the cause, win or lose, the lawyers feed, and feed well as a rule. After all, they have made the laws that allow them to bring suit on anyone for any reason.

I won't even get into peta and what I think of them. Maybe once we get that open season on lawyers one of them will see the dollar signs and do the same for an open season on peta.
 
Old 04-27-2003, 02:31 PM   #126
WebSlave
Arrow

Just a note here.

I worked for the Florida Legislature for several years when I first moved down here and spent quite a bit of time in local representatives' offices and talking with their aides. Matter of fact, I worked on several versions of a constituency correspondence tracking program which they use to keep track of contacts from their constituents. They DO read the stuff you send, and many of them look upon it as a requirement of their job to reply to them.

Personal visits are the most effective means of getting your representative's attention. But make an appointment, don't just show up there. Phone calls work too, but it is often very difficult to get past an aide to your representative that way. Written letters get logged with nag reminders if they aren't responded to.

Emails were not effective back then, but that was a number of years ago. It may be quite different now.

The point of this is that contacting your representatives and letting them know how you feel about an issue DOES WORK. In politics, it's the loudest voices that win. If there are only 10 people interested enough in an issue to contact their legislators and 8 of them say one thing and the other two say another, guess which one will likely win the day? If only ONE person calls about an issue, what is the representative likely to think and do about this issue?

Remember they have a job where all of the constituents are their bosses. If enough of the bosses don't like what their representatives are doing, they can fire them.

Don't wait for the other guy to do the leg work. He is probably waiting on you. Make the time, even if you don't have it.

One thing though. Don't come across as some whacko. Don't get angry or belligerent or you will kill your own case. In a lot of cases, your representative might not even know a thing about the issue, so your job is to educate him or her about it and let them know why it is important to you. They are human beings too, so don't expect that pissing them off will make them see things your way. It may do the exact opposite.
 
Old 04-27-2003, 05:22 PM   #127
Golden Gate Geckos
STOP IT NOW

I would also like to state that I have received hateful and threatening email from a few of you who disagree with me, but are apparently unwilling to divulge their identites. I will not tolerate this any loger, wan WILL report this type of harrassment to you ISP's and to this forum.

I am compelled to post this in order to clarify the issues that took this thread from its original post titled, “Has this ever happened to you?” through a maze of accusations to its current point of the topic of the universal dislike of greedy lawyers and the unundation of California legislature. Mind you, I was never allowed to complete my account of the entire chain of events of the issue involving two San Francisco Petco stores being disallowed from selling animals. The vast majority of the context of this thread has been centered around me and evolved into cruel insinuations of me being the sole culprit of PeTA’s war against Petco, and has eluded to my alleged ‘alignment’ with them and participation in laws being passed.

There have been some excellent points and compelling issues made by many on this thread, many of which I agree completely… and I feel that debates on differences of opinion can be stimulating and educational as long as the issues are not overwhelmed by personal attacks. For some of you, I have been unsuccessful in making my point, and this is most likely due to the defensive posture I was forced to take. I have also participated in infantile name-calling, and for that I am truly apologetic.

I will provide the link to Petco’s written policy on companion animal care and employee training: http://www.petco.com/animalcare/quality.asp?webt=0&
The California Law regarding animal treatment I have already provided in a previous post. Now, I would like to summarize the FACTS once again:

1.) I personally witnessed horrendous conditions and sick/dying/dead reptiles in a local Petco. I brought it to the attention of the store manager, who could have cared less. I called their 800 number and made a complaint, and had no response whatsoever.

2.) I returned to that store several months later, and observed even worse conditions. Once again, I brought it to the attention of the manager, as well as the employees. I was allowed to assist them and educate them on the proper care of these reptiles.

3.) I took home a total of three Leopard Geckos from that particular store that were infected with Coccidia, only to have them die in spite of veterinary treatment and my efforts to dropper feed them twice daily, sanitize their enclosures daily, and keep them quarantined over a period of nearly two months.

4.) I contacted Petco Corporate management about the issues in that particular store, and spent approximately one year actively corresponding with PetCorp, and accumulating evidence that THEY asked for in order to do anything about it.

5.) I was finally making progress when PetCorp arranged to have me do formal training on the behavior, care, and husbandry of their reptiles, specifically Leopard Geckos since I have the most experience with them. I was elated!

6.) After the training, I was approached by one of the store employees who showed me a dying animal, cried for help, and advised me that the management refused veterinary care and had ordered her to hide many of these fatally sick, emaciated and neglected creatures in their back room. She was threatened with termination if she said anything about it.

7.) I reacted emotionally. I felt that I had spent an incredible amount of time and effort to make a difference in the way Petco keeps their reptiles, and was stunned with what I had just observed. I threatened the managers with calling the police if they refused veterinary care for these animals, quoting the law AND Petco’s own policy.

8.) A few days later, I responded to several posts of KS Leopard Geckos Forum inquiring how the training went. I responded that I felt the training went very well, but what happened after the training was extremely disturbing. I DID NOT post what happened, but did describe the incidents to individuals via email correspondence.

9.) I received an email from PetCorp’s head animal guy scolding me for making ANY kind of negative statement about Petco on a public forum, and telling me how the management felt I had “stabbed them in the back.” I was then ostracized from any further involvement with them or Petco’s training. I DID NOT give up, I was basically ‘fired’ for telling the truth.

10.) I kept in contact with several Petco employees who truly wanted to improve the conditions in their stores, and wanted to utilize me as a resource of information on the care of the store’s reptiles. I continued, (and still do) to offer any assistance and advise I could.

11.) I was provided written documentation from a Petco employee that contained information on the source breeders/suppliers of the ‘sick’ reptiles that Petco purchases and claims to “come in that way”. I contacted BOTH of the breeders/suppliers directly on several occasions, only to have a response from one of them.

11.) I was contacted by a reporter from NBC Dateline News in NYC doing a story on pet stores and the animals they sell, with an emphasis on Petco. She was interested in my opinions on such things as hot rocks, the level of understanding and training of employees on animal care, and asked me if I would ever consider wholesaling geckos to a pet store, and why/why not. I answered her in general terms, and advised her that the best information she could get would be from the employees of Petco themselves. I gave the reporter’s contact information to two Petco employees, and have no idea what became of it.

12.) I was informed that the two employees I was in contact with had been terminated from the two local Petco stores, one was the employee from the original Petco store who had been terminated for allegedly stealing animals, when in reality she was taking sick ones home to care for them after being denied veterinary care. I told her I would support her if she needed me to. The other was terminated for refusing to ‘knowingly sell sick/infected animals.’

13.) I was contacted by a local resident that they had purchased a Leopard Gecko from one of the Petco stores I had dealt with which died of documented Cryptosporidia. I told them I would support them, as well.

14.) Several months later, I was contacted by an attorney’s office who was prosecuting a class-action lawsuit brought against Petco by representing the terminated employees and several others who had been sold crypto infected Leopard Geckos. I cooperated with that attorney, and was subsequently summoned for a deposition in the case. I was deposed for two days, and later received a subpoena to turn over any and all documentation relating to the case. I complied.

15.) The District Attorney’s office later filed suit against Petco on behalf of the City of San Francisco, and it is pending to this date.

So, there you have it in a nutshell. Did I go through the proper channels to correct a deplorable situation in a local Petco store? YES! Did I try to make a difference for the care of the animals and training for the employees on the local store level? YES! Did I call the authorities and turn those stores in? NO! Was I instrumental in making or causing any kind of legislation against owning pets? NO! Did I have anything to do with the passing of the law that care sheets need to be provided? NO! Am I in any way responsible for PeTA’s long-waging activities against Petco? NO! Did I support individual employees that were wrongfully terminated and individuals who were ‘knowingly’ sold sick and infected reptiles from two local Petco stores? YES! Did I contribute to those two stores being denied the ability of selling animals? PROBABLY! Does that make me a PeTA supporter? NO! Am I sorry for any of my actions or beliefs? ABSOLUTELY NOT!

Those two Petco stores deserved to be denied the selling of animals by their own doings, NOT for any actions of mine. ANY business that is conducted so blatantly irresponsible the way those stores did deserve to be made accountable for their own actions! Just read the BOI and you will find literally hundreds of accounts of persons and businesses being held responsible for unethical conduct and mistreatment of animals… and the very people who have jumped on the band-wagon in this thread’s “witch hunt” on me for trying to do what I believed to be right have also acted like a lynch mob against other individuals and businesses for acting like Petco! Those individuals and businesses do not deserve to sell animals until they can do it responsibly.

The longer all of those who pass judgment on people who try to do something about it without making any effort to contribute anything themselves, the longer this kind of treatment of animals will continue. It is THAT behavior that brings negative attention to the pet trade, not one individual who cares enough about the animals to stand up the the management and say something about it.

Rich is absolutely right... we need to get on the horn, write email, send letters to our State Legislators not only to the effect of preserving our rights to keep reptiles as pets, but also letting them know we do not condone the illegal, unethical, irresponsible and deplorable treatment of ANY animal.. whether it's a lizard, snake, puppy or kitten. We need to be on the same page and set exemplary precident on behalf of ourselves the animals we all love and are 'guaridans' for, and avoid the spread dissidence amongst ourselves.
 
Old 04-27-2003, 08:06 PM   #128
Seamus Haley
Quote:
I would also like to state that I have received hateful and threatening email from a few of you who disagree with me, but are apparently unwilling to divulge their identites. I will not tolerate this any loger, wan WILL report this type of harrassment to you ISP's and to this forum.
As the most prolific and outspoken antagonist to Marcia on this issue in this forum... I'd like to chime in myself and say that this sort of thing isn't acceptable at all.

If you have a disagreement or an argument, make it public and put your name on it, accept responsibility for your words.

Threats are unacceptable and in many instances illegal to make via phone lines.

Harassment doesn't get her to change her mind... you can be antagonistic and even belligerant, but there's a line that can be crossed from "Arguing on a forum" to "Commiting illegal acts"

Marcia... you stated they refused to divulge their identities but... if you've got the email addresses, someone might reccognize them. Mind posting them?
 
Old 04-28-2003, 01:43 AM   #129
Golden Gate Geckos
I must admit that I considered the possibility that it could have been you, Seamus. No accusation indended, just a thought.. so please do not take it out of context. I will not hesitate to post all three emails I have received if I get even one more, but it certainly will not be in this string! I will also say that I have received many more positive and supportive emails and private messages from members that were just too intimidated to post.

Two of the hateful emails were from a yahoo address and the other was hotmail, which basically means nothing. The first one I ignored, but when I received the second from that address I responded and it came back as undeliverable. I recieved the third from a different address and it too was invalid. I'm no expert, but I believe anybody at any time can go and get an email account, send hate mail and/or spam, and then just close it.

I am reluctant to post them at this time for a few reasons. First, I don't trust very many members of this forum anymore, and would almost expect it to backfire in my face and create yet another avalanche of antagonism. Second, it is my belief that some of the moderators regard me as a cry-baby and I don't want to toss another log on a already smoldering bed of coals. Besides, they have better things to do than to police this forum, much less my personal email. I have entertained the idea of just going back to being a lurker for awhile..

The third reason is that I would like to see this entire thread just sink to the bottom of the list and move on. If there is a need to post on the subject of legislature or PeTA or anything else that could prove compelling and provocative, then please start a new thread! Contrary to what some might think, I am a very sensitive person, and especially on the subject of helpless, beautiful creatures suffering and dying when it is so unnecessary.

I am really not on a pity-pot... I just want this to be a serious warning that I am sick of being the bad guy, and will not tolerate any more harrassment. I give up!!! It's just not worth my energy anymore!
 
Old 04-28-2003, 11:57 AM   #130
Dragondad
Marcia

I will respect your request and leave this thread alone. Hopefully you will continue with being an active part of fauna. Your experience and knowledge are needed.
 

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