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Date Posted: 06:14:51 07/06/02 Sat
Author: Peggy (crossposted)
Subject: Lower Saxony, Germany BSL overturned

-------Original Message-------

From: DogHolocaust@yahoogroups.com
Date: Thursday, July 04, 2002 3:56:11 PM
To: DogHolocaust@yahoogroups.com
Subject: [DogHolocaust] Berlin Court - interesting questions raised

Thanks to Dieta, the English speaking community knows the verdict.
Here are some personal observations from Rudi.

The judges were extremely well-informed and had read all evidence from both
sides, before the 3rd of July.

The Chief Justice asked a witness from the Minister's office, why they think
these breeds are dangerous. The reply: Their fighting dog history, taken
from books. One judge said, 'Well, that was what, 150 years ago...do you
still think they are dangerous today?'. The government witness replied yes.
(No evidence was presented to support this fact)

The government also brought up the bite statistics over a 1-2 year period
(was used in the VDH trial). Shows a percentage of breeds and reported bite
incidents. They would quote the number of litters registered by the VDH,
for say Rottweilers and then quote the number of bites reported, ultimately
giving the court a percentage figure for that breed that was aggressive. A
question was raised by a witness for the Rottie club, who is also a court
judge and Rottie breeder, that those numbers, for any breed, does not include
the enormous amount of dogs bred without papers...so the percentage point of
pure-bred dogs would be inflated beyond what is really accurate.

The judges said, yes, it is up to the politicians to protect the people and
make them feel safer, when they have concerns or fears, such as high crime
rates all the way to dog bites... But there are different ways to do it...and
that a dog that is dangerous does not mean that the entire breed is also
dangerous...there are other factors involved.
How the owners live and raised the dog, his environment, how he was trained,
etc and this all comes together...it is not automatically an entire breed.
(Smart judges!!)

And the judges said, they must not only protect the public and make them feel
secure, they must ALSO take care of the dog owners as well.

Two studies were presented as evidence by the plaintiffs:
The Vet. School in Hannover tested over 500 dogs in their temperament test.
Of that number, only 7 failed...the majority of them were Cat. 2 dogs, mainly
Rottweilers and Dobermans. The Cat. 1 dogs, (Bull Terrier, Am Staff and
Pitbull) ranked from very good to excellent.

Also, the temperament test done by Dr. Feddersen-Petersen. She tested 207
dogs and only 1 failed.

These were the main points brought up I think are extremely important.
Though the main reason the ordinance was thrown out, was because it is not a
way to protect the people from dangerous dogs...a law must be made. The
court brought up some valid arguments that will make it difficult for the
Lower Saxony Agriculture Dept. to make a new law as draconian as it was last
year. Our Ag. Minister Bartels (who hates all bull breeds) has said the
judges really didn't knock the breed list or say it was wrong and will make a
stronger law is wrong...they did knock the breed list and said, in so many
words, it is not the way to go.

Thankfully it is an election year...the CDU, once an enemy, is now behind
dismissing the breed list in Lower Saxony is trying to get back into power
here. Plus, just because our Agriculture Minister says something, does not
mean he speaks for the whole government here. And now, with the new law, he
has alot of proof to come up with before he can start ruining our lives
again.

I saw this trial as a revelation...first it set a precident and hopefully the
other regions will take note. Second, it let Rudi and I see how they will
possibly handle our trial when it reaches Berlin early next year, and what
the judges were looking for in the way of proof and scientific fact. Just
because a politician or book says something, does not mean 'the last word'.
The judges were looking for actual proof and the government did not come up
with it.

On an end note, the chief justice raised the question of German Shepherds.
He asked the government witness, how is the the GSD was not on the list, with
over 25,000 of them in Lower Saxony and a high incident of bites, but the one
Tosa Inu registered is on the list.

The gov. replied the GSD has been around a long time and the people are
comfortable with them and accept the accidents that happen. So the judge
said, 'So...it is like the Masai tribesmen in Africa...one is not really a
man until he fights a lion. The same as in Germany, you have not gone from
boyhood to manhood, unless you are bitten by a German Shepherd.'
Everyone was laughing.....except the gov. witness. He looked confused and
said, 'Uh, excuse me Your Honor, but I am afraid I don't understand what you
are asking me'.
It was classic.

Feel good people. I feel like this court is on the right track. It is up to
us (in regards to the Bull Terrier) and other people to make sure homework is
done and not a stone is left uncovered for this court. If you come prepared,
with scientific data to back up your case, you have a damn good chance to
succeed here. Rudi and I have commissioned 4 studies on the Bull Terrier,
done by the Univ. of Hannover Vet School. By the time we reach Berlin, I do
not see how we can fail. We now know, for a fact, the governments hands are
empty.

Cathie




[Non-text portions of this message have been removed]



PUNISH THE DEED, NOT THE BREED !

DH Website: http://angelfire.com/biz6/dogholocaust
DogHolocaust-unsubscribe@yahoogroups.com

Translation Sites:
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http://www.freetranslation.com/
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http://worldlingo.com
http://www.tranexp.com:2000/InterTran

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