Cruelty Law is One of Nation's Weakest
Debbi Snook, Plain Dealer Reporter
Originally published in The Plain Dealer, January 7, 2002
The woman had stabbed her dog repeatedly in a drunken rage. But when sentencing came, the judge was shocked by the law.
It called her crime no more than a second-degree misdemeanor.
"It makes no sense to me that the legislature thinks that driving with an expired license is more serious than stabbing one's animal 11 times," said Cleveland Municipal Judge Robert J. Triozzi. "It just defies all logic."
That Aug. 29 case was not the first time Ohio's century-old animal cruelty law has come under fire.
The Ohio Legislative Services Commission ranks the law as the weakest in the country. The Humane Society of the United States does likewise, accusing the state of not taking animal abuse seriously.
Thirty-four states can charge animal abusers with a felony. Ohio is not one of them.
"It's still very, very bad for animals in Ohio," said Sandy Rowland, director of the Humane Society's Great Lakes office. "It's a disgrace. Pennsylvania, Michigan, even West Virginia, have better laws."
Without teeth in the law, she says, enforcement officials are less likely to prosecute. An Ohio State University study in 1996 showed 25,000 animal-cruelty complaints were filed in Ohio, but only 85 of them made it to the courts. The same report showed cat abuse doubling, almost tripling, over the past five years.
Without a strong legal threat, Rowland adds, many Ohioans won't take animal abuse seriously. Not only is that bad news for animals, but studies also have shown that animal abusers are more likely to abuse people.
Rowland hopes things will change during this session of the Ohio legislature. State Sen. David Goodman, a Republican from Columbus, is expected to submit revisions to the law this month that will toughen penalties for animal abuse.
"By punishing and treating offenders of animal cruelty, I believe we will decrease the number of offenses against humans," Goodman said.
Among other things, the changes could:
- Increase penalties for animal abuse and establish a felony charge for repeat offenders.
- Define animal neglect and create penalties for it.
- Provide more training for humane officers.
- Require those charged with animal cruelty to pay for the care of their confiscated animals.
- Allow judges to order psychological evaluations and counseling for convicted abusers.
Animal welfare advocates in Ohio have attempted to change the law for two decades. Some attempts failed, they say, because they covered too many types of animals. Hunting and farming groups balked.
"This version is a good, solid, factual attempt at change," said Harold Dates, Cincinnati-based president of the Ohio Federated Humane Societies. It covers all animals kept in a residential dwelling, and any dog and cat regardless of where it is kept.
Dates' group is working for its passage. So is the Ohio Humane Agents Association, the Ohio County Dog Wardens Association and many members of the Ohio Veterinary Medical Association. Spokesmen for the Wildlife Legislative Fund of America and the Ohio Farm Bureau Federation said they had no major objections to the bill.
"I think there are a lot of people—people from all walks of life—who don't understand why these changes didn't pass earlier," said Goodman. The state senator says he has sought a consensus among groups traditionally opposing changes in the cruelty law. Today is the final day for comments.
Jeff Holland calls the potential changes in the law conventional—and crucial. The Medina lawyer, under contract with the Humane Society of the United States, wrote the first draft of the proposed bill.
Holland says the bill finally defines neglect, a problem he says is more common than abuse. For the first time, cats and dogs would have a legal right to enough food and water, proper ventilation, shelter, exercise and living space.
It does not cover farm animals, work animals or hunting dogs.
Holland calls himself an animal-welfare advocate, not an animal-rights advocate who believes animals have the same rights as humans.
"I think the bill respects the rights of individual people but also recognizes animals as the most unique personal property that exists. We've taken and domesticated that animal. We've bred it and changed it to suit our needs. When they suffer, it's usually on private property. So they depend on us. They have no voice of their own."
To comment on the proposed animal cruelty bill, contact your state representative by calling 800-282-0253. The number for state Sen. Goodman's office is 614-466-8064.
