The judge could have ordered that the dogs auctioned be "spayed or neutered at the cost of the receiving party," but he didn't. This provision is a part of the seizure statute for cruelly treated dogs. Sec. 821.023 (f), Health & Safety Code; Disposition of Cruelly Treated Animals.


Implications for the Dogs
The puppies under six months of age were spared by Judge Fitzgerald, or were they? While these puppies will not be killed, auctioning them at a public sale "in the condition they are in" (intact, not spayed or neutered) could put these dogs back in the same predicament they were alleged to have been in in the first place, i.e. to be used as fighting dogs. So, what the judge gave on the one hand, he sort of took away on the other hand.

Selling intact pit bull puppies may only serve to further damage the breed. Consider who will be attracted to buy intact puppies. Dog fighters are attracted to intact puppies for two reasons: to fight them and to breed them.

Let me stress that I do not believe that it was proved in today's hearing that any of these dogs were fighting dogs or had been trained to fight. Further, I do not believe that it was proved today that these dogs were even bred for fighting. There was no evidence of the lineage of the dogs or that any were actually sold for fighting. There was evidence of the existence of a treadmill and pool which the state's witnesses said are used to train fighting dogs. However, one of the state's witnesses admitted that even the Dog Whisperer, Cesar Millan, uses those things to exercise his dogs.

Let me stress another point. These dogs may well have been bred for fighting, trained there for fighting and sold as fighting dogs. I just do not believe those things were proved in today's hearing. Remember, this was not a hearing about dog fighting, but whether or not the dogs were being cruelly treated. It was about the condition of the dogs and the conditions they were living in. This was a civil hearing and not a criminal trial.

Regardless of what the truth may be, it has been alleged in the media for two weeks that these dogs were bred for fighting. As such, I am concerned about who will show up to buy the puppies. And I am concerned for the puppies because they have not been spayed or neutered. Spaying and neutering virtually eliminates the interest of dog fighters in these dogs. They do not use sterilized animals for fighting. Spaying and neutering also virtually eliminates people who want a pit bull as a status symbol. In other words, spaying and neutering is the best way to ensure that these puppies are acquired for pets and not some untoward use.

There is absolutely no good reason that these dogs should not be spayed or neutered. That is their best chance to be good pets, and it prevents backyard breeding of more pit bull puppies many of whom are likely to end up in pounds and shelters only to die. Every pound and shelter in this country has pit bull puppies who have been abandoned, abused and tossed away. The last thing our judicial system needs to do is add to that problem.

Here is another point I want to make clear. I am not advocating the mandatory spaying and neutering of all dogs. There are responsible breeders of all kinds of dogs who breed them for good health, sound confirmation and nice temperament. They breed them for show quality, tracking, search and rescue, as a few examples. There is a place for the specially bred dog which is not inconsistent with the belief that pets should be spayed and neutered.

In the case of these puppies, regardless how good their bloodline may be touted, they should be spayed and neutered. They should be given the best chance at becoming a beloved pet and family member.

I am an adopter of two pit bulls, both as puppies. One was trotting along the freeway as a young pup about 6 months old with no tags. She became a Spindletop orphan and I adopted her. I rescued my male from an abandoned drug house with a K-9 cop. He was about 5 months old. There is no telling what the lineage of either of these two dogs is. There is also good chance they were game bred (bred for fighting).

My dogs were spayed and neutered as puppies which gave them the best shot at being nice pets. Peggy and Zeus are highly intelligent, have a great sense of humor, love people and keep me in stitches with their silly antics. They are my family. I adore them and they are the reason I am staying up late to write this. I would like these seized puppies to have a chance for the same life that my two dogs enjoy--revered family pets who are loved, cared for and responsibly handled so that breed's name is not further tarnished.


Can the order be changed?
Only the owner of the dogs may appeal today's rulings by Judge Fitzgerald. The appeal must be filed within ten days. This Order could be modified on Appeal, and there is nothing to prevent the Order form being modified by the judge even if there is no appeal.

I anticipate an outpouring from the rescue community about this ruling. I have already received some emails about it. Rescuers understand very well what the implications of selling intact pit bulls are and they are voicing their concerns. Public interest does have a way of making a difference.


Zandra Anderson
www.TexasDogLawyer.com