My name is Sharon Fairclo. My husband and I and 3 other individuals
are the
all-volunteer group known as "Pump, Don't Dump". For approximately 2
years the
5 of us have donated our time and energy spearheading the movement to
stop the
tour boat operators moored at *Ma'alaea Harbor from dumping their boat
toilet
sewage overboard into Maui waters and the Hawaiian Islands Humpback
Whale
National Marine Sanctuary. *From only this harbor; there are many
other boats
operators dumping their boat toilet contents into The Sanctuary.
There's
just the five of us and we are all volunteers so we picked an area and
reamined
focused.

Pump, Don't Dump focused on 22 of the larger tour boats with larger
holding
tanks at Ma'alaea.

Pump, Don't Dump introduced the simple solution of mobile, dockside
pumper
trucks after we learned that permanent pump-out facilities were
non-existent,
plans for building such facilities were far into the future, and that
many other
states in the U. S. are successfully using pumper trucks to dispose of
boat
toilet sewage. It may be a fact that the State of Hawaii is the only
state that
allows tour boat operators to dump their sewage overboard.

Among the many tasks we have accomplished as regards our issue are as
follows:

Met with, corresponded with, Congressman Case.
Wrote letters to, and received responses from, Governor Lingle.
Spoke with Maui County Mayor, Alan Arakawa.
Corresponded with Rob Parsons, Assistant to the Mayor.
Met with Lucienne DeNeie, Sierra Club.
Telephone conferenced with Naomi McIntosh, Manager, Hawaiian Islands
Humpback
Whale National Marine Sanctuary. Ms. McIntosh stated during the
telephone
conference with Mr. Fairclo that the Sanctuary rules were written to
purposefully include a loophole in the rules to allow the tour boat
operators to
dump their toilet sewage overboard into the Sanctuary.
Testified before the Maui Governor's Advisory Council. We presented to
the MGAC
our proposed resolution. Copies available upon request.
Testified before the Maui County Council of the Whole. At this time we
prepared
and presented to the Council our proposed resolution. The County
passed one
resolution and one is pending. Copies available upon request.
Testified before the Hawaiian Islands Humpback Whale National Marine
Sanctuary
Advisory Council in Honolulu. We also presented to SAC our proposed
resolution
for their consideration.
Met with the United States Coast Guard.

Only after experiencing public pressure from our efforts did the
government
allocate $160,000 for boat operators to assist in the mobile, dockside
pumping
program.

Our issue is a regular weekly topic on "Maui Talk T.V.", a Maui T.V.
call-in
show, live every other Tuesday, 7:00 p.m.

Our issue also is a regular weekly topic on "On The Upside with Teri",
a radio
call-in show, live every Friday at noon.

Almost weekly we have air time on Manao Radio in the early a.m. with
Charles.

We are linked with "Animal Concerns", "Animals Voice", "Cetacea
Defense", "Best
Friends International." "The Whale Song Project" a local organization,
dedicated to the preservation of the Humpback Whale, supports Pump,
Don't Dump
with a connection on their homepage.

Canada, China, Cook Islands, France, Paris, Viet Nam, as well as many
other
areas of the globe, including almost every state in the U.S., are
represented on
our petition. While visiting Maui, people were informed by Pump,
Don't
Dump of this abhorrent practice of dumping sewage overboard and
were glad to
sign our petition showing their disgust, and support for change.

A recent article was written by one of our volunteers and appears on
line in the
May/June, 2006 issue of "eMagazine".

A video of a "Pump, Don't Dump" informational demonstration aired on
KITV,
Honolulu's Channel 4.

Pump, Don't Dump has been the subject of many local newspaper articles.

Pump, Don't Dump was recently voted No. 1 Environmental Issue on Maui
by the
editors of a local paper.

Pump, Don't Dump was invited Tuesday, August 1, 2006 to set up a booth
at the
"Islands of the World IX" Sustainability Fair, where almost every
person that
visited our booth was aghast to learn of this abhorrent practice.

The above are highlights of our efforts.

As of today's date, 18 of the original 22 tour boats we targeted,
moored at
Ma'alaea, are disposing of their boat toilet contents using mobile
dockside
pumper trucks. Pump, Don't Dump considers this quite an accomplishment
as some
of these boat operators claim to have been disposing of their toilet
waste
overboard for 2 or more decades.
Pump, Don't Dump created, assembled and donated green flags to all the
boats
that claim to be pumping as a visual for tourists so as to possibly
avoid the
situation of them having to ask the ridiculous question: "What do you
do with
your toilet contents?" Pump, Don't Dump provided the flags because the
State
refused to allow us, or anyone, to post any notice at the harbor to
alert people
that tour boat operators dump their sewage overboard (the same water
where they
then drop off their passengers to ocean recreate), even though the
government
agrees feces and urine pose health hazards. And, please remember,
whales are
mammals, too. UPDATE 9/14/06: The boats are not flying the flags.

Snorkel Bob's Activity Desk is proud to be connected with our group and
is now
booking only green boats (boats that use the pumper trucks). See
their
business contacts at our website, www.pumpdontdump.com. When other
activity
desks become aware this activity desk is part of a solution, we are
confident
they will follow. UPDATE 9/14/06: NONE HAVE.

Four boats moored at Ma'alaea Harbor have yet to become involved in the
pump-out
program. In spite of the funding, and that 18 of their harbor mates
pump, and
it's confirmed they are receiving e-mails and telephone calls from
concerned
residents and tourists, these operators continue to dump their toilet
contents
overboard, or do not respond to inquiries. A couple of comments made
by boat
operators/staff to members of our group are as follows: We'll start
pumping
when the ocean dries up, and, people don't care that we dump our sewage
in the
Sanctuary.

UPDATE: STILL NO RULES TO PROTECT WHALES.

We understand you may have an obligation to interview tour boat
owners/operators, Sanctuary representatives, as well as other
governmental
representatives; we welcome that.

One member of our group, Richard Fairclo, has volunteered to be our
spokesperson, if you so choose. He is a recently (2004) semi-retired
attorney
who practiced law for approximately 30 years, and has experience in
environmental law. Richard's assistance in the group has been welcomed
and
invaluable, although he has made it clear he is not advising anyone in
the area
of the law. (He regularly paddles outrigger canoes and has been
exposed to
these sewage slicks.) He is honest, kind, and fun-loving and has an
excellent
record. He is knowledgeable about the issue in the legal sense and
also as a
lay person. He is excited about the prospect of being interviewed as a
member
of our group. Richard has been interviewed by Hawaii newspapers, State
wide,
has written many letters to the city, county, state and federal
governments on
behalf of Pump, Don't Dump and as a private citizen regarding
this
issue.

If you have any questions or comments, please contact me any time at
your
convenience. If you would like to speak to Richard, please contact
him, any
time at your convenience. Contact information to follow.

Sharon Fairclo
33 Lokelau Place
Haiku, Hawaii 96708
Telephone: (808) 572-3509
FAX: 808-572-3509
E-mail: rsfairclo@earthlink.net

Richard Fairclo
33 Lokelau Place
Haiku, Hawaii 96708
Telephone: (808) 572-3509
FAX: 808-572-3509
E-mail: rfair7@earthlink.net

We believe the road to change is informing others who love the whales
and would
do anything short of breaking the law to make sure they are protected.
We
believe that if the world (the world outside of the islands) could know
what's
going on here, those folks could affect change.

Multnomah County Progress Report from : 2000 to 2005, the year targeted for
the end of needless killing

On July 27, 2000 a MCAS focus group established to implement the 2000 Task
Force recommendations declared a five year goal to "No Kill County" when
needless killing would cease. Despite the fact that the group was overrepresented
by agency staff and members of the more conservative animal products
industries ( including breeders who view any increase in shelter adoptions as competing
with their economic interests), the following subjects, major identified
concerns, were placed on the agenda.


* concern over the public's perception of the agency as: "Scoop it up and
kill it"

*improving the agency's pet adoption program
a pilot temperament testing program with data collection follow up

*improving credibility

*bridging with the community by working in partnership and consultation with
veterinarians and other related community organizations

What has emerged at the five year mark under Michael Oswald's direction has
been consolidation of the former status quo along with a propaganda campaign
marked by overwhelming deception. His soothing propaganda, "Saving pets, one at
a time," hides a massive increased kill rate that has doubled during his now
three year reign along with a decrease in adoptions by about 50%..

There has been no discernable change in intake numbers or breed distribution
to explain this change from former baseline.

There has been a zealous increase in an effort to reclassify as many animals
as possible as pit bull mixes focusing on any minor feature that permits
reclassification as a "pit bull mix" to permit what is in essence a covert ban on
pit bulls. Pit bulls and pit bull mixes are tested and killed with a different
arbitrary cut off point on a rough non researched behavior protocol that
insures that virtually none will ever be offered for adoption. These "standards"
are not recognized nationally as rendering animals as "unadoptable."

In short, since Michael Oswald has adopted and personally modified the
agency's "temperament testing" program, killing has escalated exponentially and
dramatically.

Killing more means that there is no need to locate community resources for
adoption nor is there a need to cooperate with rescue groups. Despite the
absolute neccessity of community outreaches to expand adoptability, after 3 years,
Michael Oswald has when last checked one routine outreach limited to cats and
kittens. Yet outreaches are critical to improving visibility, adoptions and
relationships with the community. There is no credible excuse for the lack of
outreaches. But Michael Oswald's personal agenda, his personal "solution" at
this agency for "too many" is to falsely label animals "unadoptable" and kill
more.

From July 2004 to January 2005 more dogs were killed at MCAS ( 658)than
adopted ( 498). Two hundred and eighty three dogs were transferred to other
agencies. All those transfers represent a loss of revenue to the agency. If one
assumes an adoption fee of 120 dollars to 200 dollars per animal the revenue lost
ranges from $33,960 to $56,600. The majority of these animals were simply
suffering from traumatic agency stress, a condition that this agency engenders by
its animal management and animal isolation practices.

Transferring animals to rescue has become just another form of "dump and
run". Indeed all is done to discourage active mutual rescue partnerships. The
numbers of rescues contacted is very few. They must be immediately available when
called and are discouraged from making independent contact , inquiries or
judgments.

These are some of the restrictions imposed upon rescue organizations that
deter many from assisting this agency.

the foster organization agreement is completely one sided with few if any
benefits to rescuing from MCAS. The rescue organization must assume all costs
including spaying and neutering as well as licensing, indemnify the county, and
permit unannounced visits 24 hours a day. They must allow their books to be
open for inspection at all times, and must release the names of adopters if
asked. The effect of this intrusive zealous control is to discourage assistance.
The lack of equity and respect drives most away to venues where they are
valued.
In sharp contrast, the Arizona Maricopa County Animal Control engages in
practices with rescue organizations that engender mutual respect and provide
incentives to rescue. Maricopa County Animal Control openly posts all dogs
scheduled to be euthanized for any reason including health or temperament ( MCAS
does not, this information is tightly controlled) waives the adoption fee, the
spay/neuter fee, the license fee and the license transfer fee to assist in
rescue. The Tompkins County SPCA ( New York) trusts the foster organizations to
place animals left in their care . They are not kept under surveillance or
tight control over their books once they have met the standards required of a
participating rescue organiztion In all sucessful programs, cooperative respectful
partnerships not the zealous and demeaning need for " control" has been the
critical key to success.


At MCAS, rescue organizations and foster persons who often have considerable
experience dealing with stressed truamatized animals are not allowed to
determine independently whether they have the resources to care for an animal
classified as "unadoptable" from MCAS. Instead the agency makes this determination
based on rough "assessments" from a behavior protocol that identifies state
but not temperament. These are animals that have been intentionally isolated and
denied any human contact for days. Little can be known about prognosis given
these conditions. No one elses' views count. Any views outside the agency are
spurned with such statements as " that professional doesn't know aggressive
animals like we do". There exists an absolute xenophobia against community
experts. When interviewed several highly regarded community experts have told us
that their efforts and advice have been discredited, ignored. At times they
report they have been used as devices, set up to appear to support positions
that they did not. That is one lost important resource.


Once the propaganda cover is taken away, what is revealed is an agency that
has polarized the community, and isolated itself in order to have complete
"control".

Without refreshing and expert outside views their own thinking has become
increasingly skewed and non-normative. Their temperament testing program has
departed far from any accepted professional standard.

Virtually all animals in their care suffer from extraordinary levels of
shelter stress induced by this agency's negative animal behavior practices. Then
they are killed when agency induced stress was the problem.

No credible professional isolates animals then stresses them, killing them
based on one perceived "failure", i.e. "standing stiffly for a five second safe
hug", mislabeling fear cued by the environment as "unsocialized" etc. The
only "supervision" is from an uncredentialed trainer who introduced herself to
the agency and stayed. Ms. Powers teaches the remainder of the staff to follow
rules for killing with an emphasis upon uniformity and conformity not
accuracy and debate.

Animals are repeatedly subjected to intrusive conduct while in a state of
stress.If they "fail" one non-standardized item, they are killed. All this is
done in an effort to predict "biters" when the literature emphasizes that it is
not the dog that is the critical factor. All dogs are capable of biting. The
solution for reducing bite statistics is owner education and prevention.


None of the 2000 Task Force recommendations has been implemented. There isn't
even a pretense of change in the past five years. At "goal time" this agency
is killing more, adopting fewer, has no real community support.

The need for harsh enforcement is buttressed upon suspect bite statistics.
Mr. Oswald notes about 900 animal bite investigation complaints annually. In
fact there were approximately half that many noted in one independent review.In
March 2005 John Rowton, shelter manager, notes that MCAS investigated about
900 cruelty complaints in 2004 ( "Dog Nose News", March 2005). Given the small
numbers on the enforcement staff, these numbers seem staggering indeed suspect,
an impossible work load. Of the alleged 900 cruelty complaints only 61
notices of infraction were issued (Deprive proper care: 50; physically mistreat:11)
meaning 831 must have been frivolous/unfounded. Even including marginal
categories( Transfer or abandon: 2; unspecified: 20) the county appears to be
investigating hundreds upon hundreds of cases that end up "unfounded".Perhaps this
entire phenomenon merits investigation if that many citizens are indeed
misreporting animal abuse.


By no standard of accountability has there been any change at all at MCAS
since the Task Force recommendations were made. All that has occurred has been a
further decline.

GIMME SHELTER ANYWHERE ELSE
Response to the Oregonian, February 6, 2007

"Gimme Shelter" published in the Oregonian Entertainment/Living section, February 6, 2007, touted Multnomah County Animal Services as a wonderful agency that does a successful job with a 'difficult' population despite the fact that it doesn't even have the advantage of a beautiful building. Press facilitated agency propaganda is no substitute for the facts. The facts can be obtained from the agency's own records.

FACT: Michael Oswald's failures can be gleaned from his own writings. In a report to his "rescue partners" on 8/18/03, Michael Oswald wrote: " MCAS reduced its dog euthanasia rate this past year (FY 2002-2003) from 23% to 18% and we are on track to save even more lives in 2004." In 2006, that rate has gone up by fifty percent from 18% to 27%. Do you call a dramatically increased death rate "success"? The only "change" since 2003 has been Michael Oswald's ascendancy to the position of Animal Control Director.

FACT: Look at those figures again more closely. The actual rates of killing are far higher when one considers the pool over which the agency is actually responsible for and has control over: unredeemed animals. One might hopefully believe from the 27% dog kill rate that the figures for 2006 mean that about 1 out of 4 dogs in MCAS's charge was killed. That is simply false. The 27% rate includes as part of its base all owner redeemed dogs, dogs who were never within the "pool" of animals whose lives MCAS could end or save. Their owners redeemed them on their own. The best way to judge an agency's performance is how they manage, market and adopt out the dogs left in their care. As an example, lets look at the Tompkins County Animal Control Authority in New York State. The Tompkins County Animal Control Authority also took in a 'difficult' population, including dogs deemed aggressive, strays, dogs of people who no longer wanted them, dogs that scratched or bit, dogs of every conceivable history and temperament. Yet, in 2003, 93 percent of all the dogs taken in passed the agency's temperament test. Only three were returned for aggression proving that temperament testing done with integrity and honesty can protect public safety without wholesale killing. That is what the Multnomah County Citizens' 2000 Task Force recommended and wanted. They were ignored.

FACT: Over the past three years within the pool of dogs over whom Michael Oswald has had disposition control, the frequency of killing has nearly doubled; the rate of adoptions has dropped by nearly 50%. MCAS now kills nearly 60% of all dogs over which it has life or death authority, and finds new homes for only about 25%. In all of FY 2005, MCAS adopted out only 812 dogs.

FACT: MULTNOMAH COUNTY GOVERNMENT'S COVERT PIT BULL EXTERMINATION PROGRAM: At least 85% of dogs labeled "pit" or "pit bull mix" are killed automatically within days of entering the MCAS "shelter." MCAS runs a secretive covert pit bull ban. Pit bulls and pit bull types are killed en masse at MCAS because Michael Oswald, without government or citizens' approval, has instituted on his own a secretive countywide pit bull ban. He does this by arbitrarily and grossly manipulating temperament testing standards. The separate and unequal standards Michael Oswald has applied to pit bulls and pit bull types has nothing to do with public safety or poor temperament. It simply permits breed prejudice to translate into government sponsored mass killing. All is well that is hidden well.

FACT: When Mr. Oswald states :"Just because we have a 'difficult' population to place doesn't mean we throw up our arms" he means he resorts more and more to falsely labeling animals unadoptable"/difficult to facilitate needless killing. Read the records. Intentionally keeping numbers low means one need not look for resources. In fact, there are very few outreaches, very few rescue organizations that do work consistently with MCAS, and there is very little engagement with the community. Again, read the records. Ask an expert. Experts have reviewed the agency's records at citizens request. Read the reports. Government should also engage outside independent review.

FACT: For appearances sake, Mr. Oswald does periodically host progressive workshops then fails to internalize or implement their programs. The workshops serve as propaganda distractions only. We have been through the San Francisco SPCA, ShelterWorks, and most recently Open Paws at the end of January 2007. Days after the end of an agency sponsored Open Paws workshop (Open Paws is an organization dedicated to reducing shelter stress and improving the emotional and social lives of shelter animals), animals were still being killed at MCAS for the same old reasons: agency induced stress, too old, too scared, not perfect enough, "barked" at the kennel door, "afraid of strangers", killed a nursing mama dog for "failing" the temperament test, then killed her puppies as "too young to survive without mom", one sorry excuse after another to justify inaction.

Here is just one example among many. A young dog with kennel cough (an index of stress) was ordered put to death.These are the agency notes for February 2, 2007,: " tried to interact with dog-dog growled and retreated to the back of kennel- I could not coax dog to come to me and he would not come forward -- he was also breaking with kennel cough-ER 1/31/07." Actually 'he' was a female but the point is that year after year nothing changes except the ever escalating death rate and falling adoption rates. Dogs are killed with the label "treatable/manageable" followed by either inaction, no rescue sought, or the explicit statement "no rescue permitted." How can one forbid rescue when an animal is treatable/manageable? After taking out many of the agency's "unadoptables" and successfully rehoming them, I can tell you they were not "unadoptable."

HOW CAN WE CELEBRATE THESE FACTS?

For some the Oregonian is the only source the public will ever read. That leaves the public unaware and trusting of an agency that doesn't merit trust. I talk to them after their animal has been killed, when it is too late to withdraw that trust.

Most of all accurate information is necessary for progress, in order to plan appropriate intervention programs. That will never happen as long as Multnomah County government eschews standards of accountability. It will never happen when the press spins a pretty story out of failure by not fact checking.

Sincerely,
Gail O'Connell-Babcock,Ph.D.
Citizens for Humane Animal Legislation/Watchdog
16004 SW Tualatin-Sherwood Road, Box 508
Sherwood, OR 97140
Telephone: (503) 625-4563; Fax: (503) 925-8299

For more information go to: www.mcasstopthekilling.com

For copies of agency public records call the us at the telephone number listed above. You may also call the agency but they will delay records receipt then starve you out with costs.

Fact Sheet: Multnomah County Animal Services Performance

Facts are losing out to dirty political campaigning. I can only hope that by piling on the facts the truth will in the end overwhelm. I am sending report sets at the end of the week for analysis to Nathan Winograd, a graduate of Stanford School of Law who got tired of trying animal abuse cases and decided to take up shelter reform. Ironically he was a senior staff person at The San Francisco-SPCA where MCAS claims to have been certified. They attended a one week open admission workshop.

Winograd has gone into the two areas everyone said were impossible to achieve change: union dominated agencies and those in rural areas. The numbers of reasons for killing, formulas for killing, and just idle kills at MCAS are shocking. But he is the individual with the national reputation and experience who can cut right to the chase. Maybe that and prayer will do.

Propaganda is no substitute for the facts about Multnomah County Animal Services downward spiral and increasingly dismal performance. The excuses for failure are wholly unacceptable. The fact that Michael Oswald is a long time county bureaucrat shouldn't shield and excuse him from performance standards. Multnomah County government promised change. Was that just another empty political campaign promise? What is the excuse for the facts that more animals are killed and fewer saved in Multnomah County?

Whatever performance measure one uses, it is patently obvious to anyone that deaths have dramatically gone up while adoptions have gone down at MCAS during Oswald's tenure. The sharp decline in death rates was due to his predecessor, Gary Hendel. Michael Oswald assumed the directorship on March 3, 2003

Multnomah County Animal Services - Animal Trends

FY 00 Live dog Intake: 3,915 dogs killed: 1,140 dogs adopted: 1635
FY 01 Live dog Intake: 4,350 dogs killed: 890 dogs adopted: 1278
FY 02 Live dog Intake: 4,400 dogs killed: 1,019 dogs adopted 1243
FY 03 Live dog Intake: 4,210 dogs killed: 762 dogs adopted 1176
FY 04 Live dog Intake: 4,346 dogs killed: 754 dogs adopted 928
FY 05 Live dog Intake: 4,422 dogs killed: 1,136 dogs adopted 811
FY 06 Live dog Intake: 4,600 dogs killed: 1,259 dogs adopted 765

This is only one of many performance measures that demonstrate decline and deterioration under Michael Oswald. There are many many others. Using Michael Oswald's preferred performance measure, one that allows him to take undeserved credit for owner redeemed dogs never within the "pool" of animals whose lives MCAS could end or save, his kill rate has gone up by fifty percent from 18% in 2003, when he took office, to 27% in 2006. Adoptions have steadily and dramatically declined. Even fosters and transfers for dogs are steadily going down from 560 in FYI 2003 to 430 in FYI 2006. The picture is dismal for cats as well. In FYI 2003, 55.6% of impounded cats were killed while 26% were adopted. In FYI 2006 60% of impounded cats were killed while homes were found for only 18%. The facts fairly shout out at you while Multnomah County government does absolutely nothing. Surely this merits investigation.

Should Multnomah County government call a dramatically increased death rate and a steadily declining adoption rate "success"?

FACT: Over the past three years within the pool of dogs over whom Michael Oswald has had disposition control, the frequency of killing has nearly doubled; the rate of adoptions has dropped by nearly 50%. MCAS now kills nearly 60% of all dogs over which it has life or death authority, and finds new homes for only about 25%. In all of FY 2006, MCAS adopted out only 765 dogs, down from 2005 numbers of 811. The rapid steady decline in adoptions, complemented by a sharp incline in deaths has occurred since Michael Oswald became director.

FACT: Excessive killing has not translated into greater public safety. There has been no demonstrable reduction in bite incidents since Michael Oswald took over Multnomah County Animal Services. His arbitrary homespun temperament testing program where formulas that mandate automatic killing substitute for thought and judgment neither predict adoptability nor prevent bite incidents. No, killing more, an astonishing 50% more, has not translated into reduced dog bites or a more educated responsible public.

FACT: In 2000 a Citizens' Task Force recommended shelter reform consistent with this community values. The recommendations called for improving community education while striving for a reduction in shelter deaths. Instead Multnomah County dramatically increased killing. Enforcement continues to be adversarial, expensive, and penalty based. Escalating fines often force animal surrenders. As a reward for surrendering one's animal to be killed: "Your money or your dog's life", the fines are waived, Multnomah County's unique version of animal sacrifice. The usual excuses just don't fly: limited budget, limited space," difficult population." It is simply easier to cull and kill than it is to change. There is no excuse.

WHY IS MULTNOMAH COUNTY GOVERNMENT CELEBRATING THESE FAILURES?

Government "spin" is no substitute for accurate information, nor are irrelevant shiny distractions, self congratulatory awards posted on the wall. As long as Multnomah County's Board of Commissioners excuses this agency's conduct and grants a free ride to a fellow employee as a retirement gift (he's one of us), the public and its companion animals will pay an overwhelming price. Its about competence and honesty in government. And it is time to take action, now. Michael Oswald has had his chance. Now let this community dig its way out of the wreckage of his term in office.

Sincerely,

Gail O'Connell-Babcock,Ph.D.
Citizens for Humane Animal Legislation/Watchdog
16004 SW Tualatin-Sherwood Road, Box 508
Sherwood, OR 97140
Telephone: (503) 625-4563; Fax: (503) 925-8299
For more information: www.mcasstopthekilling.com

To: The Oregonian Editorial Board:
Letters to the Editor

Mr. Nyberg's 02. 21.07 letter "Pit Bull deserves Death" demonstrates the power of ignorance, illogic and prejudice. Every time the word "Pit Bull" appears in print, this individual has written the same letter to the Oregonian. The Oregonian prints it. Have you verified its accuracy? Have you or he read the case file claimed by Animal Control Officer Brad Heinige to be 1 1/2 inches thick? Is it? You should check the measure and weigh this against the content.

For decades Wasco County has denied owners of companion animals even a semblance of due process by "trying" these cases in front of a politically driven administrative Board of County Commissioners. Denali is one of many historical cases in which owners of companion animals have had their rights trampled upon and effectively denied, their animals destroyed without the protections of due process. Property rights and rights to due process are tossed aside in these faux judicial proceedings.

A year after the meeting in which Denali was condemned to death, Jerry Keller, the child's father, who originally insisted Denali be put to death, apologized to Karissa Ball in a store in front of witnesses for letting his anger get the best of him. He was not a witness and was not cross examined at the public meeting in which Denali's fate was decided. Should we let retaliation substitute for justice? Would you insist a dog be put to death for a minor puncture wound 1/8 of an inch in diameter sustained during an over enthusiastic doorway greeting, an injury more compatible with a toenail wound not a "bite"? There were no expert witnesses.

Should we establish a protocol denying all owners of Pit Bulls, indeed all those we prejudicially dislike, the right of due process? Isn't that the stuff of lynchings? Wasco County's denial of due process to the underclass of companion dogs owners must be addressed and must stop. It is Wasco County government not Denali, that is on trial.

Sincerely,

Gail O'Connell-Babcock
16004 SW Tualatin-Sherwood Road, Box 508
Sherwood, OR 97140
Telephone 503.625.4563

DENALI: DEATH ROW DOG LOSES FIGHT TO BIGGER LOSERS: Oregon's Judicial System and Wasco County
by Gail O'Connell-Babcock

Wasco County, Oregon has spent thousands of taxpayers dollars in a ruthless effort to destroy Denali, a small pit bull dog. The case speaks to the abject lack of due process and senseless arrogance that believes animals' lives, especially those of American Pit bull dogs, are worthless; dogs like Denali are pawns in a national game of scapegoating.

Lawyers recently lost the appeal filed on Denali's behalf at the Oregon Court of Appeals. The judgment becomes final 35 days from January 10. Robert Babcock will be filing an appeal with the Oregon Supreme Court on behalf of Denali, a young tan and white female American Pit Bull, who was impounded in July 2004. She has spent two and a half years on death row in Wasco County. Despite the fact that humane alternatives have been present from the outset, that the incident was minor and that future incidents are preventable, Wasco County has refused clemency. Denali has had a long term offer of sanctuary from a pit bull sanctuary in Indiana run by a former animal control officer.

Denali was ordered put to death by Wasco County's three commissioners following an administrative hearing with no pretense of fairness or adherence to legal/judicial standards. The incident iself was minor, happening when Denali jumped up to greet a visiting child just as the door was being opened. Some questioned whether it was bite at all as the puncture was more compatible with a scratch. Father and son went tubing on the river that afternoon.

In a similar Oregon case in 2000 concerning a young malamute/collie named Nadas, condemned to death for chasing a horse, only grassroots pressure forced Jackson County government to reconsider. The volume of correspondence including faxes that shut their fax machine down forced attention to this matter.

Eloquence matters less than simply being counted. Numbers can force attention. There is no reason to destroy a small dog who can be responsibly kept. What has failed is Oregon's judicial system and its sense of fairness.

Please write and encourage as many others as possible to also write the Wasco County government officials, Governor Ted Kulongoski, and Oregon's U. S. Representative Greg Walden seeking clemency for Denali. Give some thought to also copying the press.

There has been some political change on the Wasco County Board of Commissioners since this case began. Former Commissioner Scott McKay was replaced in the most recent election by a Democrat, Bill Lennox, who is also a mediator. I would focus on Mr. Lennox.

Contact information and a more detailed case history:

Governor Ted Kulongoski
160 State Capitol
900 Court Street
Salem,Oregon 97301-4047

Telephone:
Governor's Citizens' Representative Message line
(503) 378-4582

FAX: (503) 378-6827

E-Mail
Fill out form at : http://governor.oregon.gov/Gov/contact_us.shtml

U.S. Representative Greg Walden
Website for e-mail correspondence: www.walden.house.gov
Address: 210 Longworth House Office Building, Washington D.C. 20515

WASCO COUNTY COMMISSIONERS

Mailing address:
Wasco County Court
511 Washington Street
The Dalles, OR 97058-2237

Telephone: (541) 506-2520
Fax: (541) 506-2521

Dan Ericksen, e-mail: DanE@co.wasco.or.us
( Mr. Ericksen is listed as a judge for the purposes of county commission administrative proceedings. This does not require a legal or judicial background. Mr. Ericksen is an orchardist).

Bill Lennox, newly elected Democratic Wasco County Commissioner, e-mail:
BillL@co.wasco.or.us

Telephone: (541) 506-2523

Sherry Holliday, e-mail: SherryH@co.wasco.or.us

LOCAL PRESS
The Dalles Chronicle
P.O. Box 1910
The Dalles, OR 97058

Telephone News: (541) 296-2141
News Fax: (541) 298-1365

Letters to the Editor, e-mail: tdcnews@eaglenewspapers.com
Telephone: (541) 382-2006
Fax: (541) 610-1528
e-mail: preusch@bendbroadband.com

------------------------------------------------------------------------------

CASE SUMMARY December 28.2004 Denali, a young female pitbull belonging to Karissa Ball, has been impounded at Wasco County Dog Control, Wasco County, Oregon since late October 2004. By all reports she has done incredibly well, posing no problems and has been described as a very good dog despite a long confinement at this agency. These reports of her good conduct were never included in the county commissioner hearings nor was any animal behavior expert consulted. Companion animals throughout Oregon are viewed as disposable nuisances not meriting regard or consideration.

The summary incidents leading to Denali's prolonged confinement at Wasco County Animal Control and the order of her death by the Wasco County Commissioners were minor and preventable even by the admission of the reporters. On two different occasions Denali had escaped over the fence once after hearing the senior citizen next door dragging her garbage cans to the curb, another while the same citizen was raking her drive. On both occasions after hearing these loud noises, Denali grabbed the fingers of the woman, breaking the skin. The woman made light of both incidents. The concern was about appropriate confinement.

In the last incident leading to the determination by the Wasco County Commissioners that Denali should be put to death as a "public nuisance", Denali excitedly jumped upon a neighbor's child who came to the door to invite Karissa Ball to go tubing on the river. During an excited greeting Denali accidentally scratched his chest and also caused a minor 1/8 inch tiny puncture to the webbing near the thumb. Karissa Ball treated both with peroxide and the family spent the rest of the day tubing on the river.

During the "trial" held by the Wasco County Commissioners, none of the rules and regulations guaranteeing judicial due process were honored. The rules were whatever they wanted them to be. Throughout many of Oregon's rural counties animal control cases are "tried" by politically motivated administrative bodies with no interest whatsoever in judicial process or fair outcome. The opinions and wishes of those in attendance are all that are considered. No animal behavior experts were included. The availability of humane alternatives was ignored.

Two safe humane alternatives to killing were proposed and were summarily rejected. Karissa Ball relocated removing the spoken concern about a nearby elementary school. She also additionally constructed an eight foot fence around her new home.

Laurie Adams, an animal control officer in Franklin, Indiana, who also runs Casa del Toro Pitbull Rescue reviewed Denali's entire history and wrote to the Wasco County Commissioners offering Denali sanctuary. Without review or interest, they rejected a Motion for Reconsideration filed with Wasco County Court on September 7, 2004.

Those concerned parties who called the Wasco County Commissioners were treated to a series of propaganda misstatements, exaggerations and falsehoods by the Wasco County administrative office regarding the events leading to their conclusion that only a death was an appropriate sentence for Denali. They withheld information about the availability of effective humane alternatives. Denali would be far better off at the sanctuary she has been admitted to then constantly confined at Wasco County Animal Control marking time. She is no "threat" to society.

Like the administrative proceedings themselves, public concerns were railroaded through a negative political smear campaign. In order to "win," to justify killing a young dog, any method was fair game. The administrative secretary at the Wasco County Commissioners' Office laughingly dismissed public concerns as animal advocacy histrionics.

Denali's case is one among hundreds of local miscarriages of justice in Oregon where the fates of animals especially in rural areas are decided not by judicial process but by biased politically motivated administrative bodies, the local county commissioners. These are kangaroo courts without even a pretense of due process where animals' lives are treated as an uproarious joke. This must change.

In Denali's case the Wasco County Commissioners know well that "liability" concerns can easily and effectively be resolved without taking Denali's life. They just don't care. Animals are "nuisances" whose lives have no value. No one had best challenge their "authority."

The behavior of the Wasco County Commissioners cast a huge moral stain on the state of Oregon, a state that prides itself on its progressive values. There is no excuse for killing in this country when humane effective alternatives exist. Ironically Wasco County has made arbitrary needless killing more expensive than clemency in Oregon spending countless monies on this case.

02.15.07: Bulletin on Denali, Young Oregon Pit Bull on Death Row since July 2004


Last week, Reb Babcock, attorney for Karissa Ball and Denali, filed a petition for review with the Oregon Supreme Court following the Oregon Court of Appeals' denial on January 10, 2007. We expect to hear in a month or more whether or not the Oregon Supreme Court accepts this case. The Oregon Supreme Court accepts very few requests to review Court of Appeals decisions. This week, he has also personally filed a petition for clemency on Denali's behalf with the Wasco County Board of Commissioners. I hope the public will take the time to join him in asking for clemency as well. It doesn't need to be a long note, or a top notch essay, just a signal of support for a little Pit Bull that has been tried enough when all along humane solutions have existed. On January 30, KOIN Channel 6 Television covered this case. By report, the Sunday Oregonian is also covering Denali's case on February 18. Updates will be sent by e-mail and will also be posted on the website: www.mcasstopthekilling.com. The website will also be posting a case from January 1988 involving the forced killing of a young Doberman Pinscher, Suzie, for allegedly killing a turkey (considered protected livestock). After her death it was discovered that Wasco County had concealed evidence clearing Suzie. The case raised serious questions about due process and the rights of owners and their companion animals at the time. Almost 20 years later the lack of due process and respect for the lives of companion animals remain serious concerns in Wasco County. Denali is only one in a long series of forgotten cases. Please write seeking social justice and change in Oregon ending these tragedies. Wasco County has spent thousands of taxpayers dollars in a ruthless effort to kill a small American Pit Bull dog that all along has had somewhere to go. It speaks to the abject lack of due process and callous indifference that animals lives, especially those of American Pit bull dogs, are worthless, that they serve as nothing more than pawns in a national game of scapegoating. Please write and/or fax the Wasco County government officials, Governor Ted Kulongoski, and Oregon's U. S. Representative Greg Walden seeking clemency for Denali. Give some thought to also copying the press. There has been some political change on the Wasco County Board of Commissioners since this case began in 2004. Former Commissioner Scott McKay was replaced in the most recent election by a Democrat, Bill Lennox, who is also a mediator. I would focus on Mr. Lennox. Contact information is listed below along with more detailed case history.


------------------------------------------------------------------------------ ---------------------


CONTACT INFORMATION Governor Ted Kulongoski 160 State Capitol 900 Court Street Salem,Oregon 97301-4047 Telephone: Governor's Citizens' Representative Message line (503) 378-4582 FAX: (503) 378-6827 E-Mail fill out form at : http://governor.oregon.gov/Gov/contact_us.shtml U.S. Representative Greg Walden website for e-mail correspondence: www.walden.house.gov address: 210 Longworth House Office Building, Washington D.C. 20515 WASCO COUNTY COMMISSIONERS mailing address: Wasco County Court 511 Washington Street The Dalles, OR 97058-2237 Telephone: (541) 506-2520 Fax: (541) 506-2521 Dan Ericksen, e-mail: DanE@co.wasco.or.us ( Mr. Ericksen is listed as a judge for the purposes of county commission administrative proceedings. This does not require a legal or judicial background. Mr. Ericksen is an orchardist). Bill Lennox, newly elected Democratic Wasco County Commissioner, ,e-mail: BillL@co.wasco.or.us Telephone: (541) 506-2523 Sherry Holliday, e-mail: SherryH@co.wasco.or.us LOCAL PRESS The Dalles Chronicle P.O. Box 1910 The Dalles, OR 97058 Telephone News: (541) 296-2141 News Fax: (541) 298-1365 Letters to the Editor, e-mail: tdcnews@eaglenewspapers.com The Oregonian, Regional correspondent: Matthew Preusch Telephone: (541) 382-2006 Fax: (541) 610-1528 e-mail: preusch@bendbroadband.com


------------------------------------------------------------------------------ --------------------- CASE SUMMARY DENALI'S PLIGHT, YOUNG OREGON PIT BULL ON DEATH ROW SINCE JULY 2004


Denali, a young tan and white female American Pit Bull, was impounded by Wasco County Animal Control in July 2004. She has spent two and a half years on death row in Wasco County, Oregon. Despite the fact that humane alternatives have been present from the outset, that the incident was minor, and that future incidents are preventable, Wasco County has refused clemency. Denali has had a long term offer of sanctuary from a pit bull sanctuary in Indiana run by a former animal control officer. Denali was ordered put to death by Wasco County's three commissioners following an administrative hearing with no pretense of fairness or adherence to legal/judicial standards. The incident itself was minor, happening when Denali jumped up to greet a visiting child just as the door was being opened. Some questioned whether it was bite at all as the puncture was more compatible with a scratch. During an excited greeting Denali accidentally scratched the visiting child's chest and also caused a minor 1/8 inch tiny puncture to the webbing near the thumb. Karissa Ball treated both with peroxide and the family spent the rest of the afternoon tubing on the river. The only prior history involved preventable minor incidents, that could easily be corrected by proper confinement even by the admission of the reporter of the incidents. On two different occasions Denali had escaped over the fence once after hearing the senior citizen next door dragging her garbage cans to the curb, another while the same citizen was raking her drive. On both occasions after hearing these loud noises, Denali grabbed the fingers of the woman, breaking the skin. The woman made light of both incidents. The concern was about appropriate confinement. During the "trial" held by the Wasco County Commissioners, none of the rules and regulations guaranteeing judicial due process were honored. The rules were whatever they wanted them to be. Throughout many of Oregon's rural counties animal control cases are "tried" by politically motivated administrative bodies with no interest whatsoever in judicial process or fair outcome. The opinions and wishes of those in attendance are all that are considered. No animal behavior experts were included. The availability of humane alternatives was ignored. Two safe humane alternatives to killing were proposed and were summarily rejected. Karissa Ball relocated removing the spoken concern about a nearby elementary school. She also additionally constructed an eight foot fence around her new home. A former animal control officer in Franklin, Indiana, who also runs a Pit Bull rescue and sanctuary reviewed Denali's entire history and wrote to the Wasco County Commissioners offering Denali sanctuary. Without review or interest, they rejected a Motion for Reconsideration filed with Wasco County Court on September 7.2004. Those concerned citizens who called the Wasco County Commissioners were treated to a series of propaganda misstatements, exaggerations and falsehoods by the Wasco County administrative office regarding the events leading to their conclusion that only death was an appropriate sentence for Denali. They withheld information about the availability of effective humane alternatives. Denali would be far better off at the sanctuary she has been admitted to than constantly confined at Wasco County Animal Control marking time. She is no "threat" to society. Like the administrative proceedings themselves, public concerns were railroaded through a negative political smear campaign. In order to "win," to justify killing a young dog, any method was fair game. The administrative secretary at the Wasco County Commissioners' Office laughingly dismissed public concerns as animal advocacy histrionics. Denali's case is one among hundreds of local miscarriages of justice in Oregon where the fates of animals especially in rural areas are decided not by judicial process but by biased politically motivated administrative bodies, the local county commissioners. These are kangaroo courts without even a pretense of due process where animals' lives are treated as an uproarious joke. This must change. In Denali's case the Wasco County Commissioners know well that "liability" concerns can easily and effectively be resolved without taking Denali's life. They just don't care. No one had best challenge their "authority." The behavior of the Wasco County Commissioners cast a huge moral stain on the state of Oregon, a state that prides itself on its progressive values. There is no excuse for killing in this country when humane effective alternatives exist. Ironically Wasco County has made arbitrary needless killing more expensive than clemency in Oregon spending countless monies on this case.

Pump Don't Dump volunteers are pleased to report that a Resolution was passed by

the Hawaii House of Representatives requesting the United States to prohibit

dumping of vessel sewage in federal waters in the vicinity of the Hawaiian

Islands Humpback Whale National Marine Sanctuary:

http://www.capitol.hawaii.gov/site1/docs/getstatus2.asp?billno=HCR58

HOWEVER, this is only the half-way mark on this Resolution.

The House of Representatives has transmitted the bill to the Hawaii Senate,
where it is presently (as of April 8, 2007), in the hands of the Hawaii Senate
Energy and Environment Committee. Time is running out in this Session, and we
are all hopeful in the next few days this Committee will hear the matter and
refer the Resolution to the Full Senate with a recommendation for adoption.

For those of you who are so generously giving your support to this issue, please
contact the members of the Senate Energy and Environment Committee, expressing
the importance of a No-Discharge Zone within the Humpback Whale Sanctuary and
recommend adoption of this Resolution!
The members include:

Senator Ron Menor, Chair, senmenor@Capitol.hawaii.gov
Senator Gary L. Hooser, Vice-Chair, senhooser@Capitol.hawaii.gov
Senator Les Ihara, senihara@Capitol.hawaii.gov
Senator Russell S. Kokubun, senkokubun@Capitol.hawaii.gov
Senator Gordon Trimble, sentrimble@Capitol.hawaii.gov

Please refer to SR 71, SCR 114, & HCR 58 HR 39 HD 1. And, if you are inclined,
please copy pumpdontdump@earthlink.net.



WHEN the Senate Energy & Environment Committee sets this legislative resolution

for hearing, Pump, Don't Dump will again be requesting testimony from all who

are interested in making this critical habitat for endangered humpback whales

and other marine life a No-Discharge Zone for tour vessel sewage.

"Pump Don't Dump" volunteers say "Mahalo" to all on behalf of the whales and

other invaluable marine life in the Whale and Marine Sanctuary waters!



http://www.pumpdontdump.com

This has been an awful experience. I hope Wheeler lives up to his word to do
something about MCAS but it is so quickly forgotten and overlooked.

Tomorrow is the hearing over he agency's bid to dismiss the lawsuit for
access to electronic records. On the banning from MCAS when there was no due
process and no investigation so lies were for free, MCAS County counsel wrote Reb
directly that they were just going to engage in delays until they ran the clock
out. One way to buy injustice I guess.

Take care

Gail

The family whose plight is noted below paid $8,000 for the killing of an
alpaca for whose death they do not believe their under one year old pups were even
responsible. They dispute the allegation. They believed they had other
choice. They surrendered their American Pit bull pups to MCAS not knowing that MCAS
would simply kill them.

MCAS's rules for killing require the deaths of all surrendered animals that
have killed livestock/other animals, "no behavior assessment needed." It is an
automatic death sentence. But even the state law, SB 795, does not require
death as an outcome for livestock killing when such a killing can be proven to
have taken place. For a first offense involving killing livestock there are two
options: the dog can be moved to a location where it is not a threat or it may
be killed. Both options assume that a case has been proven.

This family was not provided the objective information and assistance they
needed to make a reasoned fact based decision. Based upon multiple citizen
reports, MCAS often exploits citizens' subjective fears and fantasies to manipulate
a preferred outcome, death, rather than allow citizens knowledge and access
to the resources they need. This agency monopolizes power then abuses its
singular position. The use of manipulation and force are not public services.
Although for ten years we have offered citizens pro bono legal advice and
assistance as well as education/prevention resources for humane alternatives, MCAS now
actively interferes with these services by destroying timely direct access to
public records then delaying receipt of copies of needed records at
prohibitive costs too late to help Multnomah County citizens.

What has this county "won"? Why deprive citizens, often the county's most
vulnerable, the volunteered independent information they want and need? Why
promote the abuse of authority automatically endemic to an organization that is run
like a virtual dictatorship unchecked by any outside performance standards or
accountability requirements?
------------------------------------------------------------------------------
---------------------------------------------
Subj: please do not pts Chucky id 465357 and Hennesey id 465358
Date: 12/23/06 4:17:25 PM Pacific Standard Time
From: Gocbwatchdog
To: Michelle.luckey@co.multnomah.or.us
To: jenny.m.morf@co.multnomah.or.us
To: john.m.rowton@co.multnomah.or.us
To: lorene.a.crabb@co.multnomah.or.us
To: jenny.j.holman@co.multnomah.or.us
CC: rbabcock@wallaceklormann.com
CC: serena.m.cruz@co.multnomah.or.us
CC: district1@co.multnomah.or.us
CC: mult.chair@co.multnomah.or.us
CC: lisa.h.naito@co.multnomah.or.us
CC: lonnie.j.roberts@co.multnomah.or.us

To: MCAS weekend managers, enforcement and County Counsel Morf:

I spoke with Ms. Lopez this afternoon about these pit bull pups who are less
than a year old seized from their kennels on 12.01.06 by MCAS. Ms Lopez is
very upset because she was led to believe she had no options or assistance. She
states that both pups are under one year, were seized by MCAS from their
kennel, and does not believe that the facts support that these pups are responsible
for killing an alpaca. She relinquished them because she didn't know she had
any real options. She was not told that they would almost certainly be killed.

Surely you would permit her a hearing on this matter given agency
misinformation. She was not told that MCAS would be putting these pups to death when she
relinquished them, relinquished because you limited her options and as usual
sent us notices intentionally too late to be helpful. Quite a game you run
around citizens.

Please do not PTS these dogs and allow the family the information they need
to make reasoned objective choices and decisions.

Didn't you owe her that information or did you simply once again take
advantage of her lack of information?

Shouldn't objective hearings be permitted rather than facts dispensed with as
"in the way" or assumed?

Please do not kill these puppies in what amounts to one more facilitated
extorted consent of the sort reported by so many citizens.

Thank you.

Gail O'Connell-Babcock

The case of Denali, the young tan and white female American Pit Bull held on
death row in Wasco County Oregon since July 2004 (two and a half years ago)
was heard by the Oregon Court of Appeals in Salem, Oregon this morning, December
21. Robert Babcock, a volunteer attorney, represented Denali's case pro bono.


Given how slowly the wheels of justice turn, many have likely forgotten her
and forgotten her plight. The case is outlined below in a December 2004
communication. Although humane alternatives have been present from the outset, and
future incidents were minor and preventable, Wasco County has refused clemency.

While Wasco County's attitude is partly driven by the view that animals are
disposable nuisances, it also driven by virulent prejudice against American Pit
Bull dogs as a breed. The facts of the case and the availability of
alternatives hold no power over politically driven agendas.

Denali's case symbolizes all that is abhorrent in how Wasco County deals with
companion animals. It also reflects a national and local bias to unfairly
demonize, stigmatize and exterminate a breed primarily known for its stalwart
heart and benign nature simply out of prejudice and hatred.

This is not just a rural issue. Even in urban Multnomah County, Oregon, local
Animal Control Director Michael Oswald, while claiming no breed prejudice,
has in fact carried a sweeping covert Pit Bull ban in effect for the past three
years by creating separate and unequal temperament testing standards. Pit
bulls and suspected "mixes" are "failed" at levels that allow all other breeds to
go to adoptions. There is absolutely no compassion. To be Pit Bull or
suspected mix is to be a dead dog walking. No category is exempt. A mother Pit Bull is
tested and killed then her newborn puppies are killed as "too young to
survive without mom." Puppies as young as 10 weeks old are "tested"and destroyed.
Yet Pit Bulls and Pit Bull types are not significantly more responsible for
bites in the local population nor are the circumstances of the bites any different
from for other breeds in a short study we conducted. The facts simply don't
matter. The local County Commission turns a blind eye to these practices and
does nothing. The media has never covered this. They go along. For more
information go to www.mcasstopthekilling.com.

Denali's plight is important for her sake alone. Why kill a companion animal
when effective safe humane options exist? Dog's lives are so short anyway.

Please protest "enough."

Please take the time to write the Wasco County Commission and Governor Ted
Kulongoski asking for clemency for Denali. The real crime has been the abject
lack of due process and the unseemly conduct of the Wasco County Commissioners
and District Attorney Eric Nisley resulting in the long term unnecessary costly
incarceration of this young dog who has always had a home waiting for her
upon release.


Gail O'Connell-Babcock
Citizens for Humane Animal Legislation/Watchdog
16004 SW Tualatin-Sherwood Road
Box 508
Sherwood, OR 97140
503.625.4563

Because there are so few of us dealing with shelter reform locally and
because of the volume of crisis calls I seldom get to e-mail correspondence. If I
don't write back it is not for lack of caring. I may well have never seen your
e-mail. Please feel free to call. We answer every one.

Case outline follows.

------------------------------------------------------------------------------
------------------------------------------------------------------------------
----------------------------------------------------------

December 28.2004

WASCO COUNTY OREGON CIRCUIT COURT REJECTS APPEAL TO SPARE DENALI, A YOUNG
PITBULL'S, LIFE

On December 23, 2004, Wasco County Circuit Court rejected the legal argument
advanced by attorney Robert Babcock that the county lacked jurisdictional
authority to enforce state law through its own county administrative processes
(Wasco County lacks a local animal control ordinance). Only one appeal through
the Oregon Court State of Appeals remains an alternative avenue.

Denali, a young female pitbull belonging to Karissa Ball, has been impounded
at Wasco County Dog Control, Wasco County, Oregon since late October 2004. By
all reports she has done incredibly well, posing no problems and has been
described as a very good dog despite a long confinement at this agency. These
reports of her good conduct were never included in the county commissioner
hearings nor was any animal behavior expert consulted. Companion animals throughout
Oregon are viewed as disposable nuisances not meriting regard or consideration.

The summary incidents leading to Denali's prolonged confinement at Wasco
County Animal Control and the order of her death by the Wasco County Commissioners
were minor and preventable even by the admission of the reporters. On two
different occasions Denali had escaped over the fence once after hearing the
senior citizen next door dragging her garbage cans to the curb, another while the
same citizen was raking her drive. On both occasions after hearing these loud
noises, Denali grabbed the fingers of the woman, breaking the skin. The woman
made light of both incidents. The concern was about appropriate confinement.

In the last incident leading to the determination by the Wasco County
Commissioners that Denali should be put to death as a "public nuisance", Denali
excitedly jumped upon a neighbor's child who came to the door to invite Karissa
Ball to go tubing on the river. During an excited greeting Denali accidentally
scratched his chest and also caused a minor 1/8 inch tiny puncture to the
webbing near the thumb. Karissa Ball treated both with peroxide and the family spent
the
rest of the day tubing on the river.

During the "trial" held by the Wasco County Commissioners, none of the rules
and regulations guaranteeing judicial due process were honored. The rules were
whatever they wanted them to be. Throughout many of Oregon's rural counties
animal control cases are "tried" by politically motivated administrative bodies
with no interest whatsoever in judicial process or fair outcome. The opinions
and wishes of those in attendance are all that are considered. No animal
behavior experts were included. The availability of humane alternatives was
ignored.

Two safe humane alternatives to killing were proposed and were summarily
rejected. Karissa Ball relocated removing the spoken concern about a nearby
elementary school. She also additionally constructed an eight foot fence around her
new home.

Laurie Adams, an animal control officer in Franklin, Indiana, who also runs
Casa del Toro Pitbull Rescue reviewed Denali's entire history and wrote to the
Wasco County Commissioners offering Denali sanctuary. Without review or
interest, they rejected a Motion for Reconsideration filed with Wasco County Court
on September 7,2004.

Those concerned parties who called the Wasco County Commissioners were
treated to a series of propaganda misstatements, exaggerations and falsehoods by the
Wasco County administrative office regarding the events leading to their
conclusion that only a death was an appropriate sentence for Denali. They withheld
information about the availability of effective humane alternatives. Denali
would be far better off at the sanctuary she has been admitted to then
constantly confined at Wasco County Animal Control marking time. She is no "threat" to
society.

Like the administrative proceedings themselves, public concerns were
railroaded through a negative political smear campaign. In order to "win," to justify
killing a young dog, any method was fair game. The administrative secretary at
the Wasco County Commissioners' Office laughingly dismissed public concerns
as animal advocacy histrionics.

Denali's case is one among hundreds of local miscarriages of justice in
Oregon where the fates of animals especially in rural areas are decided not by
judicial process but by biased politically motivated administrative bodies, the
local county commissioners. These are kangaroo courts without even a pretense of
due process where animals' lives are treated as an uproarious joke. This must
change.

In Denali's case the Wasco County Commissioners know well that "liability"
concerns can easily and effectively be resolved without taking Denali's life.
They just don't care. Animals are "nuisances" whose lives have no value. No one
had best challenge their "authority."

The behavior of the Wasco County Commissioners cast a huge moral stain on the
state of Oregon, a state that prides itself on its progressive values. There
is no excuse for killing in this country when humane effective alternatives
exist. Ironically Wasco County has made arbitrary needless killing more
expensive than clemency in Oregon spending countless monies on this case.


Please write Governor Ted Kulongoski protesting the actions of the Wasco
County Commissioners. Ask for clemency.

Please also advise the Wasco County Commissioners that you will be boycotting
their tourist destinations and their products in light of their inhumane
conduct. Any family with companion animals visiting Wasco County, Oregon places
their companion animals at automatic risk.

Among Wasco County's tourist destinations are Kah-Nee-Ta Resort and the
Columbia River Gorge Discovery Center. County Commissioner Dan Ericksen is an
orchardist. Agriculture is an important export. More information about Wasco
County can be obtained at the Wasco County website:

http://www.a2zgorge.info/services/wascoco.htm

Please contact Governor Ted Kulongoski (pictured with his dog, Hershey, the
First Dog of Oregon on the governor's website) at:

http://governor.oregon.gov/Gov/contact_us.shtml

PLEASE PROTEST THE ACTIONS TAKEN BY THE WASCO COUNTY COMMISSIONERS.

PLEASE POST AND CIRCULATE WIDELY

CONTACT INFORMATION
Governor Ted Kulongoski
160 State Capitol
900 Court Street
Salem,Oregon 97301-4047

Phone
Governor's Citizens' Representative Message line
(503) 378-4582

FAX: (503) 378-6827

E-Mail
fill out form at : http://governor.oregon.gov/Gov/contact_us.shtml

District Attorney Eric Nisley ( responsible for dragging this case out)
Wasco County Court
Room 302
511 Washington Street
The Dalles, Oregon 97058-2237

Telephone: (541) 506-2520
Fax: (541) 506-2521

WASCO COUNTY COMMISSIONERS ( also responsible for dragging this case out

Dan Ericksen, e-mail: DanE@co.wasco.or.us
( Mr. Ericksen is listed as a judge for county commission administrative
proceedings. This does not require a legal or judicial background. Mr. Ericksen is
an orchardist).

Scott McKay, e-mail: SMcKay2001@charter.net

Sherry Holliday, e-mail: SherryH@co.wasco.or.us

LOCAL PRESS

The Dalles Chronicle
P.O. Box 1910
The Dalles, OR 97058

Telephone News: (541) 296-2141
News Fax: (541) 298-1365

Letters to the Editor, e-mail: dspatz@eaglenewspapers.com

The Oregonian, Regional correspondent: Wendy Owen
Telephone: (541) 296-0606
e-mail: wowennews@aol.com

WHEN HUMANE EFFECTIVE ALTERNATIVES TO KILLING COMPANION ANIMALS EXIST IT IS
UNCONSCIONABLE TO KILL.

OREGON'S PRIMITIVE FOCUSED ATTACK ON AMERICAN PIT BULL DOGS AS A BREED AND
ITS LACK OF DUE PROCESS FOR COMPANION ANIMALS AND THEIR GUARDIANS MUST STOP.

FOR MORE INFORMATION CONTACT:

Gail O'Connell-Babcock, Ph.D.
Citizens for Humane Animal Legislation/Watchdog
16004 S.W. Tualatin-Sherwood Road, Box 508
Sherwood, Oregon 97140

Telephone: (503) 625-4563
Fax: (503) 925-8299
e-mail: gocbwatchdog@aol.com
www.mcasstopthekilling.com

From: Gocbwatchdog@aol.com
To: jenny.m.morf@co.multnomah.or.us
Subject: THE COST OF PUBLIC RECORDS OBSTRUCTION, MULTNOMAH COUNTY, OREGON
Date: Sun, 26 Nov 2006 3:39 PM

Ms. Morf:

For more than 7 months, you and your client, Michael Oswald of Multnomah
County Animal Control, have systematically denied access to public records. You
have dodged the public records law with the transparently false claim of
"security risks": that you needed to build a "firewall" between the public and this
agency's records. What we have instead is a stone wall behind which Mr.Oswald
and staff hide. The real motivation is exclusion of any public involvement and
a desire -- not a "need"-- for secrecy lest Mr. Oswald's cruel and inhumane
policies be called into question.

By taking control of public records production, charging extortive fees
intended to discourage requests, then delaying production until long after the
"useful life" of records has expired, you have engaged in the sort of underhanded
common duplicity that marks everything MCAS does. Why do you as County Counsel
participate in these dishonest behaviors?

The net effect of delaying records that could easily be provided or accessed
timely is that you as County Counsel deprive citizens of needed resources in
an adversarial hearings process in which you represent the other side: the
County agency and citizen complainants. You "win" by depriving citizens of the
information they need to mount an informed defense. In short, you "win" by
obstruction.

The same holds true for intentional delays in production for electronic
records. The result is that citizens and those who might assist animals in need are
deprived of information that could make the difference between their being
able to keep their animals or between an animal's life or death. Rescue groups
that could once ask about the status of animals at risk have now been informed
by you that the only way they can have that information is by making a public
records request. Since the records are uniformly provided late, potential
rescuers are effectively denied the information about animals for whom they have
resources. The effects are so obvious they must be intended.

What we provide now is mostly grief counseling. This Sunday morning a citizen
called us frantically about his dog. He had surrendered his dog to the county
because he didn't have the knowledge or means to take care of his dog's skin
condition and related irritability. Although this fact was not noted in the
record, he also offered to make time payments to MCAS to help with his dog. He
made sure to tell us that he hadn't "dumped" his dog but surrendered him hoping
that his dog could receive help. He simply didn't know what else to do. The
county didn't help him or his dog. His dog, whose status he is trying
frantically to learn, is very probably dead despite the fact that a treatment plan was
provided by a consulting veterinarian. This happens over and over again. His
mistake was trusting that this was an agency willing to go the extra mile.
There were options and resources for his dog. Because of your intentional public
records delays he received our information about resources too late. When he
hung up the telephone he was anguished.

What do you "win" by withholding records, Ms. Morf? The "right" to exercise
needless arbitrary authority? The agency's need to "elbow out"public assistance
frequently results in unnecessary tragedy.

Last year when we and others in the community could inquire about an
animal's status without the obstructive process you have installed, a little Shar
Pei's life, a dog labeled "unhealthy and untreatable" was saved. He wasn't "
unhealthy and untreatable" at all, just misdiagnosed. Instead of the public's
assistance being viewed as helpful and corrective, it was treated as an insult to
staff's supreme authority. The "solution" to this trespass upon agency control:
literally shut the doors and windows, keep the public out. The assistance the
community can offer and animals' lives are both sacrificed to government's
ego.

You, as Multnomah County Counsel champion this deceit. The public deserves to
know the cost of your conduct.

Sincerely,

Gail O'Connell-Babcock
Citizens for Humane Animal Legislation/Watchdog
16004 SW Tualatin- Sherwood Road
Box 508
Sherwood,OR 97140
Telephone: (503) 625-4563; Fax: (503) 925-8299

The Associated Press
Tuesday, November 28, 2006; 9:32 AM

MADRID, Spain -- A baby beluga whale born in a Spanish marine park _ the first beluga whale born in captivity in Europe _ has died at the age of 25 days.

Officials at the Oceanographic park in Valencia said Tuesday that the whale had died the previous day. They said

While the exact cause of the young mammal's death remained uncertain, "the incident probably occurred because the young whale never adapted to artificial milk," a park statement said.

The beluga's 8-year-old mother, Yulka, is the youngest whale to give birth in captivity.

Because of her inexperience, Yulka was unable to nurse her infant and stopped producing milk _ despite efforts by aquarium staff to pump milk from her mammary glands, said Pablo Areitio, director of biology, and Daniel Garcia, chief veterinarian at the marine park.

The baby beluga had suffered from an irregular swimming style and excessive buoyancy since his Nov. 2 birth.

While marine park staff were dismayed at the infant's death, it was not entirely unexpected, the statement said. During the first few months of life, offspring of first-time mothers have only a 42 percent chance of survival in a natural environment, park officials said. (a word like bullocks springs to mind)

The experience Yulka gained over the last several weeks may increase the survival chances of future offspring, officials said.

PHOTO CONTEST
sponsored by "Pump, Don't Dump"

When you visit Maui, are on a whale-watching cruise and see something in the
water that looks like toilet contents, it probably is.

All are invited to donate photographs of sewage in local (Maui) ocean water.
Best photo(s) will be determined by "Pump, Don't Dump" group member(s) and the
winning photograph will be considered for publication at the "Pump, Don't Dump"
website, www.pumpdontdump.com.

Preference will be given for clarity of the subject matter. "Pump, Don't Dump"
is particularly interested in depictions of tour boat operators in the act of
dumping their boat toilet contents into the water Congress has designated as
The Hawaiian Islands Humpback Whale National Marine Sanctuary. (If you are
staying on Maui and are going on a snorkel cruise, whale cruise, or dinner
cruise, you will most probably be cruising The Hawaiian Islands Humpback Whale
National Marine Sanctuary.)

When submitting your photo, please include as much information as possible,
i.e., date, time, location, name of tour boat.

The contest will be on-going. Older photographs may be replaced by newer
photographs. Remember, the photos are donations so if you need one for your
photo album, etc., be sure to save a duplicate.

Send digital photos to, and for information and assistance in conversion to
digital format, contact: pumpdontdump@earthlink.net.

Please visit our website: www.pumpdontdump.com

Thought you might like to read the note from my husband to the Marine
Mammal
Commission. :) Kindest regards, Sharon

Greetings.

I'm contacting you because the Hawaiian Islands Humpback Whale National
Marine Sanctuary is failing to protect the habitat and marine life in
its charge, including marine mammals. The critically endangered
Humpback Whales that breed, give birth and nurse here have almost no
protections in this Sanctuary.

For instance, whale watching boats regularly collide with, maim and
kill whales and other wildlife; in the entire Sanctuary there are no
speed limits or restrictions on propulsion (such as propellor shields
or requirement of no propellors) whether or not the whales are present.
There is no restricted fishing under any Sanctuary rules; lay nets
have devastated the fish populations, damaged sensitive reefs, and
trapped threatened and endangered species for sharks to feed upon.
There was a stated intentional loophole written into the law which
allows dumping of sewage in the Sanctuary; over one million passengers
a year have travelled on tour boats from Maui alone, snorkeling and
watching whales in the same water their own feces is dumped. This
number does not include any cruise ships or toilets dumped from tour
boats in the Sanctuary waters which are adjacent to the islands of
Kauai, Molokai, Lanai, Oahu or the Big Island.

Regulations should be adopted to prohibit such damaging activities and
there is significant community support for rule changes to prohibit
these activities. The Sanctuary has been unresponsive.

My reading of the Sanctuary enabling statutes, the Marine Mammal
Protection Act, Endangered Species Act and other law make it clear that
the critically endangered Humpback Whales, Hawaiian Monk Seals and
Hawksbill Turtles, together with many other threatened and endangered
species require the Sanctuary to act more like a true Sanctuary.
Unfortunately, to date, the Sanctuary declares its primary mission is
to educate. With almost no rules to enforce, it spends the bulk of its
considerable resources on this educational mission and recently
building a new structure to help educate.

For your information, I am enclosing one of the many flyers that have
been distributed by a local volunteer organization which has
successfully put pressure on boaters from one harbor to implement their
own voluntary pumping program. While some of the boats at that and
other harbors now pump their toilet contents some of the time, many
refuse to participate even though governmental funds have recently
been made available for reimbursement from the County of Maui and other
governmental entities. The dumping of feces and urine into the
Sanctuary continues.

I understand your mission should include taking action to assure that
the Sanctuary promptly enact protective rules. Please advise.

If I may be of assistance in this endeavor, please do not hesitate to
contact me.

Thank you for your anticipated prompt response. The whales will soon
be back from their annual Alaskan migration

We had a demonstration this morning - 6:30 a.m. - and a great turnout!
We
announced we would visit the boats moored at Ma'alaea that continue to
dump in
spite of, IT"S BASICALLY FREE TO PUMP, but we suspect 2 cancelled their
tours to
avoid our smiling faces. ;) That left one boat departing at that
early-morning
hour. The passengers were shocked with our news, which is normal, and
quite
upset that their booking agent didn't tell them. They were glad to
have the
information though.

By now, you may have received a "forward" from the UK. I included you
in the
e-mail so you could get more of an idea of what we are contending with
as
regards the boat operators who dump in this National Marine Sanctuary
in spite
of the support of this particular animal organization, as well as other
animal
organizations with similar concerns.

There are 4 boat operators moored at Ma'alaea Harbor that continue to
dump
sewage in the Whale Nursery; however, there's possibly 150 on the West
side of
the island.

Thank you so much for your thoughts. Kind regards, Sharon

The Original Email

Subject: Maalaea Harbour





Dear Sirs



I am writing to on behalf of the Marine Connection, a UK based charity
concerned with the global conservation and protection of dolphins,
whales and the marine environment.



It has recently been brought to our attention that your company are
one of a few who moor at Ma'alaea Harbour which refuses to
participate in the government sponsored pump-out programme and we wish
to ask you to reconsider your position on this vital issue for the
future welfare of the marine environment and the companies, like
yourselves, who rely on the continued growth of tourism in the area
which the humpback whales who frequent the area provide year on year.



Ma'alaea Harbour is one of the busiest harbours in the State of
Hawaii yet we are given to understand that there are no pump out
facilities at the harbour, meaning that visiting vessels are asked to
utilize the services of the dockside pumper truck which collects sewage
and transports it to a land-based treatment facility. However as this
is costly it would appear that some operators, including yourselves,
choose to dump the sewage at sea rather than incur the expense, and
this could have very serious consequences for marine life in the area.



The Sanctuary is a valuable attraction to tourists who visit year
after year to see the Humpback whales which are the focus of their
holiday destination choice and to endanger the future of this area and
the marine mammals that rely on the protection of this area makes no
sense for the welfare of the marine environment and also for the
effects this could potentially have on the tourist industry in the area.



In view of this we would encourage those businesses who currently
choose to dump sewage in this area to actively participate in the
pumping out programme to help protect the whales and their environment.



Thank you for taking the time to read our correspondence and we hope
to receive your comments in the near future regarding your
company's policy in assisting to protect the future of these
magnificent marine mammals in Hawaiian waters from the effects of
sewage dumping.



Yours sincerely

Margaux Dodds

Director & Co-founder


The Response

Sorry sir but you are very misinformed as is almost all the
communication I have had with these pump don't dump people. Now they
are including their issue with other to dilute the stupidity of their
rational..


I don't refuse to do anything that would benefit the quality of
life for the Marine environment... I am oppose the marine aquarium that
is responsible for killing thousands of fish needlessly.. I appose the
running over and killing two baby whales last season by the Pacific
Whale foundation. And many more issue that are not being addressed. The
people that support these two issues and more are the ones telling me
how to be responsible with are waste, Evan their reasons for this is
ridiculous. what they are concerned with cannotEvan be done by most
boats.. They do their cause much harm with their irresponsible
uninformedbehavior...Their are over one hundred boats that use this
area Charter and Private, We are not the only four!!!!!!!!Yet another
distorted fact! Not to mention thekyaker's and people from the beach,
So look at the big picture...


Again and for the last time. WE follow all! Laws and regulations
concerning any and all of are activities including waste on the
Federal, State,City and County Level. Not to mention the Coast Guard
and Dept, Of land and natural resources..


I promise you are activity is one of the most inviromently concern
and opreateated CharterCompany in Hawaii...Aloha Jeff

Just to keep you apprised, this was in one of yesterday's papers.

Richard and I began visiting Maui in the late 1990's and finally moved here a
few years ago. For more than a decade people have been writing letters, etc.,
to share their concerns with governmental officals. Throughout the years,
possibly 1000's of letters have appeared in the local papers about this
grossness. Many writers are concerned about their health as well as their
children's, while others are just as outraged about all of this going on in a
National Marine Sanctuary. They travel from all across the globe to be with the
whales during "whale season".

http://www.haleakalatimes.com/news/story2268.aspx

Kind regards, Sharon

From Bluevoice.org.



Fishermen in Taiji, Japan killed 14 pilot whales this morning before the sun was
up.

Hardy Jones for BlueVoice, reporting live from Taiji, Japan

The slaughter this year began early and has been horrific in its numbers. On
occasion 2 groups of dolphins held at the same time waited for slaughter. The
fisherman began killing one group while the other dolphins in the same small bay
heard the shrieks of the dying, tasted the blood in the water, not fully able to
comprehend what was going on, but knowing horrible death was befalling the other
captives.

The weather is good and the fisherman will go out again today and tomorrow to
hunt again. A huge number of animals are off shore and they are taking massive
numbers of them for slaughter.
Your protests are urgently needed to save dolphins.

The pilot whales killed today were slaughtered in a small cove secluded from our
view. The local government has blocked access to points from which we can
photograph.

The fisherman descended on us, furious that we were in Taiji again with cameras.
Theyre mad because I filed a complaint with police after they attempted to
abduct us in 2001. That really caused trouble for them. BlueVoice is very well
known to them. They admit to checking our web site frequently.

We purchased some of the freshly killed pilot whale meat and will test it for
high levels of mercury. This is one of the major weapons we have in curtailing
demand for these animals.

Your donations and protests are needed to get this information out to the world,
to keep us in the field and to carry on our work to save these wonderful
animals.

We will continue to report from Taiji in coming days. Check the BlueVoice site
for ongoing reports.