A federal judge today upheld the constitutionality of key provisions in the state's year-old law governing commercial dog kennels.
The Professional Dog Breeders Advisory Council, which represents Pennsylvania's commercial kennels, two New Jersey pet store owners (Susan Inserra and Nat Sladkin) and a Pennsylvania dog breeder (Nathan Myer), sued the Commonwealth on an array of constitutional grounds alleging, among other things, that kennel inspections constituted unlawful search and seizure and that the kennel license revocation procedure violates kennel owners' due process rights.
In a ruling yesterday, U.S. District Judge Sylvia H. Rambo, of the Middle District, rejected those claims and found that the state has the authority to conduct unannounced inspection of regulated industry such as dog kennel operations and that the Secretary of the Department of Agriculture has the authority to revoke licenses under appeal. The plaintiffs attorney said his clients had not yet decided whether to appeal.
Rambo struck down one section of the law regarding fees paid by out-of-state dog dealers as a violation of the interstate commerce clause. That means out-of-state dealers including pet stores, brokers and rescues will no longer have to pay the $300 fee. It was unclear if they would have to still apply for a license.
Outgoing Agriculture Sec. Dennis Wolff, who was named in the suit, did not return a call seeking comment.
[Wolff, who advocated for the legislation on behalf of Gov. Rendell, has joined Versant Strategies, the lobbying firm now representing the Pennsylvania Professional Dog Breeders Association, whose members include some 300 commercial kennels.]
The new dog law, which applies to breeders who sell 60 or more dogs a year or sell dogs to pet stores, establishes higher standards for large kennels among them, larger cage sizes, mandatory exercise, veterinary exams for breeding dogs. It also bans wire cage flooring and stacking of cages. The structural changes under the new law goes into effect on Oct 9.
Enforcement of the license revocation appeal provision of the law was suspended after the lawsuit - and the threat of an injunction to halt enforcement of the entire law - was filed in February. In an order filed in U.S. District Court, the state allowed commercial breeders appealing their license revocations to continue to operate pending the outcome of the case.
Under the law, the department has the right to issue cease and desist orders restricting breeders from selling or buying more dogs while their revocation cases are on appeal. At the time it had issued two such orders; one against Derbe Eckhart's Almost Heaven kennel in Lehigh County, the bureau and the other against Daniel Esh of Scarlet-Maple Farm in Lancaster County. The two are among the largest breeders in the state and both have long, troubled histories including multiple dog law violations. Eckhart has twice been convicted on animal cruelty charges.
It was unclear when the state would begin enforcement of that provision again.
Kevin Harley, a spokesman for Attorney General Tom Corbett, said Corbett was pleased with the ruling because the newly-strengthened law "adequately protects the health and welfare of dogs housed in large kennels," as well as consumers who purchase puppies raised in Pennsylvania.
Attorney Len Brown III, of Lancaster-based Clymer and Musser, who represented the plantiffs, said he was pleased the judge found for his clients' on the out-of-state license fees but was disappointed in the rest of the ruling.
"This law will destroy families who have been in this industry for years," said Brown, adding it also would harm consumers by driving business out of the state.
Jonathan Lovvorn, chief counsel for the Humane Society of the United States, called the ruling a "fantastic victory" for thousands of dogs suffering in commercial kennels in Pennsylvania.
"They threw everything at the law, including the entire Bill of Rights, and failed on all counts except out-of-state dealers," said Lovvorn, whose group was one of a number of other animal welfare organizations that filed a friend of the court brief in support of the state.
Garen Meguerian, a Chester County-based attorney who worked on the case, pointed out that Rambo in her ruling, used information provided by dog breeders to support the state's case.
To wit:
According to Plaintiffs there are over 2,600 kennels in the Commonwealth, most of which earn their profit from the sale of puppies. (Doc. 15 at 12.) On average, a female dog in a kennel will be impregnated
every seven to eight months, with at least fifteen-percent of all female dogs in a
kennel birthing at one time. (Id.) The apparent goal is to ensure that “at all times
female dogs . . . are either bred and carrying puppies or birthing puppies and
prepared for being bred again.” (Id. at 13.) Kennels try to “maintain a constant
stream of puppies for sale, [meaning] female dogs must be continually bred and
puppies born and sold.” (Id.) Many of these female dogs are kept in kennels their
entire lives and are never permitted outdoors. Puppies born from these dogs sell for
between $250 to $550 if sold between eight and twelve weeks old. Puppies more
than seventeen weeks old are deemed “worthless” by breeders.8 (Id.) Given the
prevalence of dog kennels, and the enormous profit they tend to generate, the
Commonwealth has provided a rational basis for ensuring some sort of regulation of
the industry.
Both parties agree that the purpose of the Dog Law and Act 119 is “to
protect the health, safety and welfare of dogs.” The state has a legitimate interest in
protecting domestic animals, and the statute in question is rationally related to this
objective. The Dog Law, as amended by Act 119, sets minimum standards that dog
breeders and kennel owners must abide by. These standards relate to such things as
dog licenses and tags, kennel conditions, the transportation of dogs, inspections of
dogs and the premises in which they are kept, as well as various other tasks not in
question here.
In a footnote in her 33-page ruling, Rambo notes, "Plaintiffs fail to elaborate at what exactly becomes of these 'worthless' dogs, but it seems apparent that the state has an interest in ensuring whatever action is taken is carried out humanely."

There will be no more Eagles predictions from Princess, the camel - at least not for a while.
The popular prognosticator of the Popcorn Park Zoo in Forked River, New Jersey has put her hoof down about Michael Vick.
The Associated Press reports Princess will not be picking Eagles games this year to protest the team's decision to sign the convicted dog fighter.
The 2,600-pound camel went 17-4 last year and correctly picked the Pittsburgh Steelers to win the Super Bowl.
Here's how the complex prediction process works: The zoo’s manager places a graham cracker in each hand, and writes the name of a competing team on each hand. Whichever hand Princess eats from is her “pick.”
Vick's crimes are of particular offense to the residents of the zoo and the animal shelters run by the Associated Humane Societies, which operates the zoo.
Since 1977, Popcorn Park Zoo has provided sanctuary for abandoned, injured, ill, exploited, abused or elderly wildlife, exotic and farm animals, and birds. Two other shelters in Tinton Falls and Newark take in unwanted and abused pets.
The Pennsylvania SPCA may be keeping mum on where it stands on Michael Vick and the Eagles animal welfare action plan, but it is sending out a strong - and graphic - video message about dog fighting.
The PSPCA, which says it is investigating an increasing number of dog fighting cases in Philadelphia, takes in thousands of pit bulls every year - many of them victims of abuse and many of which are euthanized.
Now the PSPCA is shopping around this public service announcement that lays bare the truth about dog fighting and its innocent victims.

Main Line Animal Rescue in Chester Springs thinks Michael Vick should take a few hits for the dogs for a change.
The group is sponsoring this ad that ran in a NFL special section in the Washington Post today and plan to sponsor ads in other cities where the Eagles play to raise awareness about unwanted and abused pit bulls.
Read the story by my Inquirer colleague Peter Mucha.
Facing a severe funding crisis, a highly-touted Philadelphia horsemanship program that puts disadvantaged youngsters in the saddle, sent out a desperate plea for help last month.

At the time, Work to Ride staffers wondered if they'd have enough cash to feed their 23 horses stabled in Fairmount Park, let alone continue riding lessons and its world class polo program. But their prayers were answered thanks to donors who gave $75,000 to keep the program afloat.
But they're not out of the woods yet. Founder Lezlie Hiner says the organization is only half way toward the amount it needs to finish the year.
"Foundation funding has really dried up this year," said Hiner. "Winter is always a struggle, but this year we will be struggling a little more."
The program, founded in 1994, is not all about horses. Staff also provides tutoring and other support services for young people ages seven to 19.
One way folks can help is attend the Work to Ride fundraiser at the Lancaster Polo Club on Sept. 20. The group is taking cash donations or donations of hay, feed, shavings, gas cards or winter blankets. The group is also seeking retirement homes for four aged horses. For more information please email Lezlie at lezlie@worktoride.net.
The Michael Vick redemption tour made its first stop in Philadelphia today.
Speaking at a charter school in Feltonville, Vick warned students about the dangers of dog fighting and urged them not to succumb to peer pressure. The appearance was Vick's third on behalf of the Humane Society of the United State's anti-dog fighting campaign. HSUS president Wayne Pacelle joined Vick at the event.
Read the Inquirer story here.
Note in the video of today's event below that Vick makes a Freudian slip, calling himself "an animal cruelty advocate."
Turning to the Eagles organization, which has suddenly become the city's leading animal welfare crusader...
In today's Inquirer I report on the Eagles roll out of a multi-pronged plan to combat animal fighting. The plan did not sit well with some of the region's animal advocates, like Main Line Animal Rescue's Bill Smith, who believes it's more about the restoring the Eagles image than saving animals.
There have been surprisingly few shelters involved in talks with the Eagles willing to speak up pro or con on the issue. The Pennsylvania SPCA, which in addition to taking in thousands of neglected and abused pit bulls each year, is the city agency charged with investigating dog fighting, has said almost nothing about Vick or the Eagles since his signing almost a month ago.
In an email today, spokeswoman Gail Luciani said: "We are not commenting because it doesn’t impact our day-to-day commitment to the animals of Philadelphia."
Two other area shelters - Chester County SPCA and Delaware County SPCA - are currently without executive directors which might explain why we haven't heard from them. Montgomery County SPCA executive director Carmen Ronio wrote me the following email with his thoughts about the Eagles animal welfare plan today:
We do believe it’s a step forward, although we still do not agree with the NFL”s or Eagles decision to sign Mr. Vick, as it sent a message of forgiveness for violent acts against animals for profit and does not send the right message to our children. This past week alone our shelters received ten pit bulls, all but two had wounds of unknown origin on their bodies obviously they had been involved in fighting all of these dogs were animal and people aggressive. These dogs are unadoptable which is truly sad as their behavior is not inherent it was how they were treated and trained. If the Eagles and Donavan McNabb can help raise the awareness, of the horrendous nature of dog fighting and help stem the increasing tide of animal abuse we as an organization will be extremely happy.
A record health care fraud settlement involving drugmaker Pfizer topped business headlines last week.
The $2.3 billion settlement resolved lawsuits by federal and state prosecutors that the drug company engaged in improper marketing for numerous prescription drugs and kickbacks to promote drugs.
Pennsylvania received $14 million as part of the settlement. According to state Attorney General Tom Corbett off-label marketing involves promoting a drug for uses that have not been approved by the U.S. Food and Drug Administration (FDA). Corbett explained while it is not illegal for a physician to prescribe a drug for an unapproved use, federal law prohibits a manufacturer from promoting a drug for uses not approved by the FDA.
Pet owners may be aware that Pfizer is a major manufacturer of animal medications. Terrierman blog (which has a lot to say about prescription drugs for pets) raises questions about Pfizer's promotion of its animal drugs, particularly Rimadyl, a widely prescribed anti-inflammatory for arthritis and other conditions in dogs:
Pfizer's single biggest fraud (for which they paid $1.8 billion, of which $1.3 billion was a criminal fine) was for off-label marketing of the Cox-2 anti-inflammatory drug Bextra.
The veterinary analog to Bextra is another Cox-2 anti-inflammatory called Carprofen, which is not FDA approved for use in humans.
Pfizer markets Carprofen under the brand name Rimadyl, and charges a pretty penny for it even though no Cox-2 drug has ever been proven to be better than Aspirin or Ibuprofen for alleviating pain.
Veterinarians sell the drug at a big profit (more than 100 percent markup) and also create client dependency as folks have to come back in those cases where a recurring condition (like limber tail) might arise. The drug company makes a lot money, the veterinarian makes a lot of money, and you, the customer, are out of money.
The Jewish High Holy days of Rosh Hashanah and Yom Kippur are ushered in every year with the traditional blowing of the shofar, or ram's horn.
Here Salt Lake City Rabbi Benny Zippel's solo shofar demonstration turns unexpectedly into a duet.
Thousands of words have been written in the last 24 hours about Michael Vick's reinstatement - the vast majority of them focused on his performance on the football field.
But what about the dogs, specifically the pit bulls of Philadelphia? What about those who are brutally used in dog fighting rings and die at the hands of their abusers or are seized or picked up as strays later and end up being put down in shelters by the thousands each year?
NFL Commissioner Roger Goodell was quoted yesterday saying that he believed he saw "true remorse from Vick over his role in the deaths of several dogs."
[Several dogs? Animal welfare groups say they are hard-pressed to believe Vick - who admitted to torturing and killing dogs for six years - was responsible for the deaths of only several dogs and point out that torture too is crime.]
Goodell went on to say that during one meeting with Vick and his representatives, one tried to make an excuse for why Vick didn't stop the dogfighting. Goodell, according to my Inquirer colleague Ashley Fox, said Vick interrupted his representative and took responsibility for his actions, said they were abhorrent and said he made a mistake.
"He took responsibility," Goodell said, "and I think when you're willing to take responsibility, admit a mistake and be accountable for it, that's a significant step in anyone's moving down the correct path."
[Main Line Animal Rescue's Bill Smith bristles at the word "mistake" to describe the actions of someone who "systematically tortured dogs for six years."]
My Inquirer colleagues Bob Brookover and Jeff McLane reported today that Eagles team president Joe Banner called Vick a "model citizen" and was asked when Vick would start making the rounds in the community as promised when he was signed three weeks ago.
"I think you'll see Michael at an event very soon," Banner said. "We'll be announcing something after we wrap up some details. As far as the organizational support for the issues around animal rights . . . we're working aggressively to have some concrete ideas. I think it will probably take a few more weeks, if not a little longer, to get them to the point where they're operational and we can announce them."
The Eagles have met twice with animal welfare groups since Vick's signing. Team officials summoned back a smaller, "core" group for meeting number two earlier this week, prompting questions about the sincerity of the Eagles efforts to be inclusive and angering some rescues that save and rehab Philadelphia pit bulls and were cut out of the talks.
"We don't want anything from the Eagles," said Smith, who was not included in the second meeting and adds he's still fielding calls from people angry over the team's decision. "I think they are manipulating small groups for their own purposes to repair their image."
It is unclear where the Pennsylvania SPCA - state's largest animal welfare group - stands on the Eagles or Vick and whether it will participate in any program put forth by the Eagles. PSPCA CEO Sue Cosby said because nothing has been decided it would be "premature to comment on the impact of any Eagles effort."
At the center of the storm is the Humane Society of the United States which decided to enlist Vick in its inner city anti-dog fighting campaign after other humane organizations had turned him down. So far Vick has made two appearances with HSUS that president Wayne Pacelle believes have been effective. (see below video piece produced by HSUS after Vick's Chicago appearance)
In a column following the Eagles first meeting with area advocates, Pacelle wrote that he was "heartened" to hear the team say it was going to invest in anti-cruelty and anti-fighting programs on the Philadelphia region.
We are anxious to help them shape and implement these programs. My conclusion: By enlisting the Eagles organization our movement has added a new, powerful member to the cause—and the team’s help is desperately needed in the Philadelphia metropolitan area. Some three-quarters of the region’s 8 million people are self-identified fans of the team, and the Eagles organization is already a powerful force for good in Philadelphia and surrounding communities.
We should be angry whenever animals are abused. But, at some point in the process, we’ve got to turn anger into constructive action. Just being angry about Michael Vick—now more than two years after his horrible crimes came to light—isn’t going to help one dog. But finding new allies like the Eagles, dedicating ourselves to the campaign to eradicate animal fighting, and fortifying these programs is the constructive pathway forward. It’s when passion and strategy are combined that we’ll see the greatest advances for animals.
But some critics say that position has helped provide cover to Vick, his handlers and Eagles officials who brush off criticism about the sincerity of his actions by noting that the Humane Society is working with him and believes him to be truly remorseful.
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