On September 28, 2011, Mark and Sandra Smiths' world changed forever as they were surrounded by men in SWAT uniforms and bearing assault rifles. The Smiths were ordered not to use the phone (to call an attorney or anyone else) and to keep their hands where the officers could see them. They watched helplessly as their property (196 high quality, champion bred German Shepherd, Collie, and Golden Retriever dogs) was seized under force of arms. The Sheriff who facilitated the taking of the Smiths' property, Sheriff Paul Raissez, incredibly struck a deal with the Smiths that if the Smiths allowed the Sheriff to take pet supplies that would assist in the taking of said property, he would allow them to retain custody and control of their house dogs. The taking of the pet supplies was coerced under force of arms and threat of taking the Smiths house dogs and was NOT covered by the warrant.
Prior to the seizure, a member of the group known as the Humane Society of West Texas decided he wanted to inspect the Smiths property. The Humane Society of West Texas (HSWT) and its members do not have police powers nor are they employed as animal cruelty officers. The HSWT volunteer contacted Sheriff Raissez regarding his desire to perform an inspection he had no legal right to perform, and the sheriff facilitated the forcible inspection of the Smiths' property by the HSWT volunteer. The HSWT then proceeded to recruit volunteers through the news media and the Internet before the seizure ever took place.
Sheriff Raissez proceeded to allow KCBD news onto the Smiths' property to film the seizure as he mugged for the cameras and mocked the Smiths on television. Sheriff Raissez also called a local veterinarian, Dr Paul Glasson, and asked him to come to the Smith property. He arrived and euthanized a horse which the Smiths were going to have euthanized the next day, and also summarily killed three dogs. The dogs which were killed were all under the care of another veterinarian. One dog was believed by the Sheriff and HSWT volunteers to have mange; however, the dog actually had a thyroid condition which was being treated. Dr. Glasson later admitted that the dog in fact did not have mange and instead of consulting with the veterinarian who was actually treating the dogs he just decided he would kill them. Mange resolves itself in 90% of cases; the remaining 10% require treatment. In any case summarily killing a dog with mange without any testing into the dog's general state of health is irresponsible and unnecessary.
The Smiths had been certified as an AKC approved kennel. Their most recent inspection occurred on August 30, 2011, less than 30 days before the forcible seizure of the Smiths' dogs.
Questionable animal seizures have been taking place in Texas for years, as shown by this expose by John Stossel for ABC News in 2005. Additional commentary on the piece can be found here and here.
David Guinn, a Lubbock attorney with no connection to the case, has this to say about the Texas statutes:
"People involved in a criminal enterprise, or drug dealers, fraudsters, Bernie Madoff ... have more rights than these people do and that's what should scare us. We usually don't pay attention because the law has a good purpose. It's to protect animals whether its a cute cuddly puppy or a two thousand pound cow. We like animals so we wanna protect them. So we don't think about it but it's these people's livelihood, and (the statute) is basically putting them out of business on a warrant that is based on nothing but inclusions and to seize what they did."
The rest of the story from which the above quote is taken can be found here.
The Smiths are currently suing the Sheriff, the HSWT, the media, Floyd County, and the Attorney Pro Tem for the County. For details and full text of the lawsuit, see our links page. This should be a very important issue to all animal owners in Texas!
We would like to have more rights than "people involved in a criminal enterprise, drug dealers, fraudsters, and Bernie Madoff." If you would too, please go here and find out how to help.
Contributions to fund the case against Floyd County, TX (and in support of all owners and their rights) can be sent via mail to:
Jessica Casenave
207 E. 6th St,
Plainview, Texas 79072
Please note AlphaTex on your check!
or via Paypal to [email protected] Please send contributions through Paypal as a "gift" and note AlphaTex on them.
Contributions are not tax deductible. Any money which remains at the end of the case will be donated to similar causes.
This may drag on for years, folks. This is a marathon, not a sprint. But we are hopeful that our Constitutional rights will be upheld.
Prior to the seizure, a member of the group known as the Humane Society of West Texas decided he wanted to inspect the Smiths property. The Humane Society of West Texas (HSWT) and its members do not have police powers nor are they employed as animal cruelty officers. The HSWT volunteer contacted Sheriff Raissez regarding his desire to perform an inspection he had no legal right to perform, and the sheriff facilitated the forcible inspection of the Smiths' property by the HSWT volunteer. The HSWT then proceeded to recruit volunteers through the news media and the Internet before the seizure ever took place.
Sheriff Raissez proceeded to allow KCBD news onto the Smiths' property to film the seizure as he mugged for the cameras and mocked the Smiths on television. Sheriff Raissez also called a local veterinarian, Dr Paul Glasson, and asked him to come to the Smith property. He arrived and euthanized a horse which the Smiths were going to have euthanized the next day, and also summarily killed three dogs. The dogs which were killed were all under the care of another veterinarian. One dog was believed by the Sheriff and HSWT volunteers to have mange; however, the dog actually had a thyroid condition which was being treated. Dr. Glasson later admitted that the dog in fact did not have mange and instead of consulting with the veterinarian who was actually treating the dogs he just decided he would kill them. Mange resolves itself in 90% of cases; the remaining 10% require treatment. In any case summarily killing a dog with mange without any testing into the dog's general state of health is irresponsible and unnecessary.
The Smiths had been certified as an AKC approved kennel. Their most recent inspection occurred on August 30, 2011, less than 30 days before the forcible seizure of the Smiths' dogs.
Questionable animal seizures have been taking place in Texas for years, as shown by this expose by John Stossel for ABC News in 2005. Additional commentary on the piece can be found here and here.
David Guinn, a Lubbock attorney with no connection to the case, has this to say about the Texas statutes:
"People involved in a criminal enterprise, or drug dealers, fraudsters, Bernie Madoff ... have more rights than these people do and that's what should scare us. We usually don't pay attention because the law has a good purpose. It's to protect animals whether its a cute cuddly puppy or a two thousand pound cow. We like animals so we wanna protect them. So we don't think about it but it's these people's livelihood, and (the statute) is basically putting them out of business on a warrant that is based on nothing but inclusions and to seize what they did."
The rest of the story from which the above quote is taken can be found here.
The Smiths are currently suing the Sheriff, the HSWT, the media, Floyd County, and the Attorney Pro Tem for the County. For details and full text of the lawsuit, see our links page. This should be a very important issue to all animal owners in Texas!
We would like to have more rights than "people involved in a criminal enterprise, drug dealers, fraudsters, and Bernie Madoff." If you would too, please go here and find out how to help.
Contributions to fund the case against Floyd County, TX (and in support of all owners and their rights) can be sent via mail to:
Jessica Casenave
207 E. 6th St,
Plainview, Texas 79072
Please note AlphaTex on your check!
or via Paypal to [email protected] Please send contributions through Paypal as a "gift" and note AlphaTex on them.
Contributions are not tax deductible. Any money which remains at the end of the case will be donated to similar causes.
This may drag on for years, folks. This is a marathon, not a sprint. But we are hopeful that our Constitutional rights will be upheld.
