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Torture Breeding Part II – After Ojai: Taking on the Fight to Protect Our Breeds

A hand is holding a dog s paw. AI generated

Torture Breeding Part II – After Ojai: Taking on the Fight to Protect Our Breeds

In the last edition of this column, we gave one subsection this title: Bills to ban or criminalize breed characteristics and their breeders are here to stay.

We wish we hadn’t been right. Not long after submitting that column, for the October 2024 publication, AKC received word that a small city in California did what we’d hoped no American jurisdiction would ever do. Ojai, a city of approximately 7,500, quietly enacted a first-in-the-nation law that prohibits the breeding of dogs and cats with “congenital anatomical features” that it claims are likely to cause the animal or its offspring to suffer pain, deformity, or difficulty expressing natural behaviors, difficulty breathing, difficulty with physical exertion or exercise, or difficulty breeding.

On the same day, the Ojai City Council also voted unanimously to amend the city’s mandatory spay/neuter law by eliminating exceptions for (1) dogs that compete in, or are in training for, American Kennel Club (AKC) events and, (2) dogs that are owned by AKC Breeders of Merit. It now only allows exceptions for limited terms: Male dogs over 40 pounds will not have to be neutered until they are two years of age, while female dogs over 40 pounds will not have to be spayed until after they have experienced one heat cycle.

To be clear, Ojai doesn’t hold typical animal welfare-driven viewpoints when it comes to animal laws. However, its incrementally draconian laws demonstrate the trajectory that anti-breeder/animal rights laws can take in cities, counties, and potentially even states around the country. As recently as September 2024, only one month before its latest anti-dog ordinances, the city adopted an animal rights ordinance that granted bodily autonomy—or habeas corpus rights—to elephants, meaning they cannot be imprisoned against their will inside city limits. (The city appears to have considered it of no consequence that no elephants are known to be located in Ojai.)

So how do dog enthusiasts defend against this kind of anti-breeding legislation?

First, like the refrain of a popular children’s cartoon from the 1980s, “knowing is half the battle.” We need to know that legislation has been or may be proposed. While the world of advocacy is filled with information technology products that help to identify and track issues at the federal and state levels of government, they simply fall short when it comes to local issues. Counties, cities, towns, unincorporated communities, and other local jurisdictions all have different means of providing public notice of an issue being considered. Many have regularly updated websites with searchable information. Others have websites with information that is not searchable (like pdf images). And more than a few publish information in other, more antiquated ways, like in local newspapers and on bulletin boards.

AKC Government Relations (AKC GR) uses two tactics to overcome this challenge of local jurisdictions. First, online articles from traditional news sources and online search engines set to relevant search terms provide AKC GR with some information. Second, you, dear reader, are the most reliable source of information about what is happening in your community. When local issues arise, AKC GR is here to help you. But the fact is, we can’t defend against local anti-breeding legislation without you! Along with local dog clubs, you play a key role in AKC GR’s ability to address local issues by simply letting us know that dog-related legislation has been proposed in your community. A simple call (919-816-3720) or email (doglaw@akc.org) to AKC GR is all it takes to put us on point.

How can you stay informed about local proposals?

First, by doing what you’re probably already doing anyway: Monitor local media and follow your lawmakers on social media. Keep an eye out for animal incidents in your community. These incidents are often the catalyst for changes to the law. You may find local stories about the development of dog ordinances in local media and on social media. Second, regularly check city and county websites. Most cities and counties have websites where they post meeting calendars and agendas. Learn when the council or commission meetings are held and find out when agendas are posted. Also, if your city or county has an animal advisory committee, check its agendas as well. When you learn of an issue, contact AKC Government Relations and we can help you with analysis, talking points, and spreading the word to other local clubs and breeders.

Second, use facts to refute anti-breeding activists’ assumptions, fallacies, and grand generalizations that underlie their torture breeding proposals. Turn the table on their narratives by demonstrating facts and the multitude of benefits that come from our many purebred dog breeds.

Activists like to claim that Breed Standards are extremist, belong to AKC, and that AKC unilaterally has the power to change them. Refute those claims by showing that Breed Standards are a written description of the ideal specimen of a breed. They are the blueprint for breeding a healthy dog free from the health issues and certain extremes that AR groups cite when attacking breed characteristics. Note that many use specialized and historically sourced language that assume a knowledge of animal anatomy or husbandry no longer common in the 21st century. The uninitiated may consider the language difficult to understand or extreme, but fail to consider that language may be used to offer references or comparisons to other Breed Standards or generalized knowledge of phenotype. Moreover, Breed Standards are owned by the parent clubs that develop them: AKC approves their use for its events.

Even if they do not say it explicitly, extremists commonly imply that all dog breeders are greedy and cruel to animals. Of course, nothing could be further from the truth. Responsible breeders are dedicated to the preservation of their breeds and will do anything in their power to ensure their dogs and the puppies they produce are well cared for throughout their lives. When dealing with legislation, AKC champions responsible breeders. We explain to lawmakers that it is a core value of AKC that breeding programs be undertaken responsibly for preserving breed characteristics and producing healthy, well-socialized puppies. AKC expects responsible breeders to consider health issues, temperament, and genetic screening, as well as to the individual care and placement of puppies in responsible homes. AKC opposes one-size-fits-all government mandates regarding dog breeding that lack the flexibility to provide optimal outcomes for the diverse range of breed requirements. AKC supports and promotes responsible breeding practices through breeder education programs and commends those who offer similar guidance.

Third, use both quantitative and qualitative data to accurately explain the scope of issues. The Dog Owners of the Granite State (NH DOGS), in concert with veterinarians, representatives of parent clubs, and dog owners, did a masterful job of using data to change activists’ narratives when New Hampshire’s Brachy Bill (HB 1102) was considered earlier this year. They discussed their experiences with targeted breeds, how separate conditions impact the expression of symptoms of other syndromes, and the latest developments in veterinary medicine practices to help assess whether an individual animal suffers from brachycephalic airway obstruction syndrome (BOAS). Veterinarians pointed out that the legislation was scientifically inaccurate because it sought to use a scientific term used to describe head shape as the sole determination of ill health. They also demonstrated the complete lack of reliable data on the number and percentage of dogs suffering from BOAS, and qualitatively discussed the nominal number of dogs diagnosed with the condition that they’ve treated. Members of parent clubs and owners of targeted breeds shared their stories of their long-lived, athletic dogs, including those of French Bulldogs, Pugs, and Bulldogs that participate in Agility and that have earned Fast CAT titles. They also shared the decades-long work done by parent clubs’ health committees and foundations, the amount of financial support they have dedicated to those efforts, and the improvements in breed health and longevity that have resulted. AKC reported on the number of complaints received by the New Hampshire Attorney General’s Office about substandard breeding practices that supposedly underlay the bill… A grand total of one complaint had been received, and that complaint was about a dog with a heart issue, not BOAS.

Finally, leverage our considerable strengths. While not surprising to those of us who have dedicated our lives to our dogs, it became clear that legislators needed to understand a fundamental point: That government should not mandate Breed Standards or impact what they say. By taking the time to represent our collective centuries-old depth of purebred dog knowledge and our active, ongoing work in improving the health and wellbeing of all dogs, not just of purebreds, many legislators came to understand that their role may be better focused on improving consumer protection laws and educating the public about how to identify and work with responsible breeders as the source of a new puppy.

When you work with AKC GR, even if it is by doing nothing more sending a brief email to doglaw@akc.org to alert us about a dog-related issue in your community, you put the wheels in motion to protect our breeds. The GR team starts by analyzing the legislation, then calls upon parent clubs, local clubs, breeders, fanciers, veterinarians, and other allied groups to be part of the effort.

When Ojai passed torture breeding legislation, it may have said good-bye to purebred dogs, but our experience shows that when reasonable lawmakers do take time to learn about all sides of an issue—you know, what didn’t happen in Ojai—there’s good chance that results will be fair, reasonable, and actually do some good. That’s why we do our work with hope. Will you join us?