The court of appeal of the state of Oregon issued on Wednesday a decision that the couple needs to put their dogs a special surgical procedure called «devocalization» and represents the cutting of vocal cords of an animal. This decision was rendered after the court asked the neighbors of the defendants, who were irritated by «continuous barking Pets». The decision confirmed the verdict of the lower court.
It all began in 2002 when Karen Shevts and John Updegraff started to breed Tibetan mastiffs, big fluffy dogs, often used to protect sheep from predators, at home in the city of Rouge river, Oregon.
Problems with the neighbors
Neighbors of the couple, Debra and Dale crane, tired from the almost continuous barking of dogs. According to plaintiffs, the dogs could bark and make noise when their owners weren’t home.
In addition, in 2004 and 2005, Jackson County has imposed on Shevts the penalty for violation of public order, due to the fact that her dogs have barked. Shevts challenged this requirement, claiming that the order of the district don’t apply to her, as she breeds dogs on a farm with an area of 3.4 acres, which also contains sheep, goats and chickens. Farm fall under other sets of rules.
Circuit court of Jackson County dismissed this argument, stating that the property is not a farm. Then it was decided that the woman must pay a $ 400 fine and delocalizzati two dogs or move them to another location.
A new lawsuit
It is unclear whether she has fulfilled these requirements, but in 2012, the Cranes filed a lawsuit against Shevts and Updegraff, stating that the defendants did not take the necessary actions so their dogs didn’t bark. At this point in the property of spouses were at least six dogs, all Tibetan and Pyrenean Mastiff.
Shevts says she exclusively uses dogs to guard the flock, not as a weapon of war with its neighbors. Dog allow it to protect the sheep, without resorting to the use of weapons.
In April 2015 a jury sided with Klein. According to the verdict Shevts and Updegraff was required to pay $ 238 000 for moral damages, and to force the dogs to shut up with surgery, if they have not used other methods of «education», such as a shock collar.
Appeal
Then Shevts and Updegraff filed an appeal in superior court, trying to prove that they need a dog as they run the farm. But on Wednesday, a panel of three judges of the court of Appeal of the state of Oregon, consisting of Joel Deborah, Chris Garrett and Bronson James, supported the previous decision, agreeing that dog owners do not manage the farm.
The question of whether devocalization appropriate remedy was not considered in this case.
According to the American veterinary Fund, devocalization is a surgical procedure during which part of the vocal cords of the dog are cut to reduce the volume of barking or deprive the dog of this possibility at all. The procedure is partially banned in six States. Many organizations for the protection of animals, and some veterinarians also oppose it, as it is painful and unjustified from a medical point of view.
