New legislation being introduced in New York could change the lives of dog loving low income New Yorkers dogs, and very likely the thousands of dogs in NYC area shelters and rescue organizations. New York State Assemblyman Ken Zebrowski, himself a rescued Pit Bull owner is spearheading legislation that would prevent landlords in public housing from discriminating against any specific breed of dog.

Currently, the New York City Housing Authority or NYCHA which manages the nations oldest and largest public housing program providing low income apartments to over 400,000 New Yorkers has had a breed specific ban in place since 2009. When that ban took effect 115 dogs, mostly Pit Bulls were surrendered to Animal Control, 49 of whom were euthanized. NYCHA housing as explained by the Mayor’s Alliance For NYC Animals “restricts specific breeds, including Pit Bulls, Rottweilers, and Dobermans, either pure- or mixed-breed.” The breed ban actually impacts over twenty breeds (including some fairly rare ones) and dogs mixed of any of those breeds

Breeds and Breed Mixes Currently banned from NYCHA Housing: Akita Inu, Alangu Mastiff, Alano Español, American Pit Bull Terrier, American Staffordshire Terrier, Argentine Dogo, Bedington Terrier, Boston Terrier, Bull and Terrier Bull Terrier, Bully Kutta, Cane Corso, Dogue de Bordeaux, Dogo Sardesco, English Mastiff, Fila Brasileiro, Gull Dong, GullTerr, Irish Staffordshire Bull, Korea Jindo Dog, Lottatore Brindisino, Neapolitan Mastiff, Perro de Presa Canario (Canary dog), Perro de Presa Mallorquin (Cade Bou), Shar Pei, Staffordshire Bull Terrier, Tosa Inu

Assemblyman Zebrowski’s proposal will be discussed by the New York State Assembly’s Housing Committee in the coming weeks, and then will go before the full Assembly followed by the Senate. In an interview with ABC news Assemblyman Zebrowski said: “You can have no dogs, you can have a restriction on the number of dogs, you can have some sort of subjective criteria to evaluate the dog, make sure they are not dangerous…. You just can't banish all of one type of breed.”

Most dogs now dine on some type of genetically modified (GM) food, often in the form of corn and soy in their kibble. As these ingredients increasingly enter the food supply, we have one more reason to wonder if our shopping choices might be harming our pets.

More animal feeding studies are needed, experts say, and a recent long-term, peer-reviewed report points out why. It found that a diet of GM corn and soy led to higher rates of severe stomach inflammation in pigs, which are physiologically similar to dogs.

Robert Silver, DVM, a Boulder, Colo., holistic vet, tackled the issue earlier this year when he presented his paper, “Genetically Modified Food and Its Impact on Pet Health” at the American Holistic Veterinary Medical Association conference in Kansas City, Mo. Why did he choose this controversial topic, one that few vets even acknowledge?

Silver—a pioneer in the field of holistic veterinary medical practice—says he was inspired by a seminar he attended in Boulder on GM foods and human health. The speakers included Don Huber, a Purdue University professor, and activist Jeffrey Smith, who discussed problems, including reproductive difficulties, that have occurred in livestock fed GM crops.

“I found this seminar mind-opening,” says Silver, the lone vet in attendance. “I had always believed the PR about GM foods—that they are going to feed the world and are a good outcome of our genetic technology.”

The Food and Drug Administration, which regulates the safety of GM crops consumed by humans and animals, considers most GM plants “substantially equivalent” to traditional plants and “generally recognized as safe.” Their regulation involves a voluntary consultation process with the developer before products are brought to market.

Smith, founder of the Institute for Responsible Technology, disagrees. On its website (responsibletechnology.org), he warns that “nearly all GM crops are described as ‘pesticide plants.’ They either tolerate doses of weed killer, such as Roundup, or produce an insecticide called Bt-toxin. In both cases, the added toxin—weed killer or bug killer—is found inside the corn or soybeans we consume.”

Silver says that while “allergies, GI problems, increased risk of cancer, neurodegenerative conditions” and other ills could all be, in part, related to GM foods, “there is no objective evidence of this yet” in dogs. “However, all vets will agree that there has been an uptick in [these diseases] in the past 10 to 20 years.” The advent of GM foods in the 1990s “fits into this timing of disease increases,” he says.

His presentation referred to studies that raise doubt about the safety of biotech crops, such as one reported in 1996 in the New England Journal of Medicine, which found that genes inserted into crops can carry with them allergenic properties.

Silver says that genetic modification introduces foreign proteins that may encourage allergies, and the widely planted Bt corn, which makes its own insecticide, “could possibly cause leaky gut, the gateway to chronic disease.” Corn is a major component of most commercial pet foods. “The big problem with commercial foods is that they are manufactured at high temperatures and pressures,” which alters them and makes them “potentially more allergenic.” And commercial foods contain industrial ingredients that are “more likely to contain GM and herbicide contaminants.”

A study published last year found that GM crops engineered to withstand the toxic herbicide Roundup must now be doused with even more herbicide, since weeds have also developed resistance to it. Residues of these chemicals on crops can find their way into pet food.

A 2013 study published in the science journal Entropy reports that the heavy use of Roundup could be linked to Parkinson’s, autism, infertility and cancers. It goes on to report that residues of Roundup in food can interact with, and enhance, the damaging effects of other environmental toxins. “Negative impact on the body is insidious and manifests slowly over time as inflammation damages cellular systems throughout the body,” the study’s researchers say.

According to Silver, heightened sensitivity to dietary ingredients “is probably what we are seeing with GM foods. It is of concern that this may be driving the increase in GI problems in pets.” Although gluten probably does account for some problems with grain consumption, “I think that grain-free diets, if they are also soy free and contain protein from animals not fed GM crops, can help many dogs, due to being GM free—and not due to some allergy or gluten issue.”

To a holistic doctor, food is medicine, and Silver strongly recommends home meal preparation from individually sourced ingredients to avoid feeding GM ingredients, especially to pets who have other health problems. “I am truly a holistic practitioner in that I believe an ounce of prevention is worth a pound of cure.”

References
Carman, J., et al. 2013. A long-term toxicology study on pigs fed combined genetically modified (GM) soy and GM maize diet. Journal of Organic Systems 8 (1): 38–54.

Benbrook, C.M. 2012. Impacts of genetically engineered crops on pesticide use in the U.S.—the first 16 years. Environmental Sciences Europe 24: 24.

Ordlee, J., et al. 1996. Identification of a Brazil-nut allergen in transgenic soybeans. The New England Journal of Medicine 334: 688–692.

Samsel, A., and S. Seneff. 2013. Glyphosate’s suppression of cytochrome P450 enzymes and amino acid biosynthesis by the gut microbiome: Pathways to modern diseases. Entropy 15 (4): 1416–1463.

We all know that breaking up is hard to do. It’s especially difficult when animal companions are part of what is distributed or shared between two newly separate households.

Recently, a divorcing Canadian couple could not agree over custody of their two dogs. After inundating the court with pleadings describing the several pets they had cared for over the years (and who had done most of the caring), the wife asked the judge to treat the dogs like children, awarding custody to her with visitation for the husband. Clearly frustrated with the request and the case’s drain on limited judicial resources, Justice Richard Danyliuk of Court of Queen’s Bench for Saskatchewan wrote a lengthy decision that made headlines in Canada and the United States.

The judge began his decision by declaring his love of animals. “Dogs are wonderful creatures.” He then went on to say, “Many dogs are treated as members of the family with whom they live. But after all is said and done, a dog is a dog. At law it is property, a domesticated animal that is owned. At law it enjoys no familial rights.”

The same is true in most jurisdictions across the United States.

Animal law specialist Adam Karp of Bellingham, Wash., is familiar with the Canadian judge’s reaction and position. Because courts are overburdened, judges are reluctant to tackle issues they don’t have to, including custody of pets. Divorce trials are also low on the judicial popularity list, and asking for a ruling on pet custody sometimes pushes the limits of their patience. “The inexact fit of child custody statutes calls for ingenuity, what some reject as a type of ‘judicial activism.’” Karp says. “Judges may look for a cookie-cutter approach to quickly dispose of such cases, and categorizing an animal as mere ‘property’ allows that. But these issues go to the core of our hearts and hearths.

“Though the Canadian judge’s opinion was not entirely dismissive, and he assuredly spent a long time on it, one wonders if the time taken to author the opinion could have been better spent doing justice to the parties’ situation. Regardless, his attentiveness to the legal issue shows that animal lives matter and seriously elevates the dialogue within courts and society.”

Family vs. Property

Closer to home, I spent more than 30 years practicing family law in Washington and Idaho, focusing much of my practice on representing the interests of children whose parents were fighting over custody and visitation. For most of those years, I observed that family pets were the forgotten victims of divorce. Very rarely were they mentioned in property distributions, even though in both Washington and Idaho, as in most states, pets are considered property and so could have been listed along with household furnishings, vehicles and retirement benefits. If a divorcing couple had kids, typically their pets stayed with the parent with whom the children were going to reside the majority of the time.

More difficult are the cases where there aren’t any children and the couple lived together without the legal status of marriage. When they break up, they generally must reach agreements on dividing property, including pets, without court assistance. Perhaps they acquired a dog while together. Both bonded with the dog—and the dog with them— and while they’ve decided to break up with each other, neither wants to break up with the dog. What to do?

Some couples come up with informal agreements. For example, they agree to alternate custody, meeting weekly to make the exchange. It might work for a while, but just as with shared custody of children, all it takes to upset the plan is for one person to move a significant distance away (making traveling to exchanges a burden both in time and expense) or to become involved with a new human (setting off a storm of jealousy).

In a Washington state case, a couple who had lived together and then separated agreed to share custody of their dog. This arrangement was stressed when one of them moved, and broken altogether when the woman became involved with a new man. The former boyfriend not only refused to return the dog at the scheduled time, he took the dog and disappeared. The woman hired a private investigator to locate her dog, and an attorney to bring legal action to regain possession of him.

The case opened with a temporary court order requiring both parties to “possess and care” for the dog on a week on/week off schedule pending trial. While it was shown at trial that both had been very involved in all aspects of the dog’s care, the court determined that the woman was the owner and possessor of the dog— the property—but would have to reimburse her former boyfriend for the amount he had originally paid toward the dog’s purchase. (The boyfriend’s unwise decision to hide the dog likely influenced the judge’s decision to deny him guardianship.)

What’s Best for the Dog?

Litigation is expensive and traumatic for all involved. “This is my area; I practice animal law,” says Karp. “While I do not endorse litigating custody disputes in a week-long trial while enlisting multiple experts and character witnesses, chastisement, as done by the Saskatchewan judge, does nothing to help the quite real emotions and investments made by the parties to the litigation. And, yes, there is a risk (as in many family law disputes) for litigators to turn such a dispute into a clownish fiasco. A sense of proportion and moderation are critical. But more importantly, all involved should do their best to objectively ascertain the perspective of the one who does not get to take the stand—giving voice to the animal’s best interests, something we often currently miss.”

Yet, there’s hope for positive change in this age-old legal approach of treating pets as property in family law cases. In January of this year, new statutory provisions with regard to divorce and legal separation in Alaska became effective, requiring courts to consider “the well-being of the animal” owned by the parties in final agreements or judgments. The provisions allow for sole or joint ownership post-divorce, and provide a broad a definition of an animal as “a vertebrate living creature not a human being,” which would include almost any companion animal or livestock a couple might own.

This language opens the door for Alaskan courts to make custody, visitation and cost-sharing provisions for family pets and any other animals owned by a couple, similar to those made for children. It may also allow the court to appoint special advocates for pets in particularly contentious cases, just as it does for children.

What if you don’t live in Alaska or a jurisdiction with similar statutes? If, instead of reaching agreement, the parties go to trial and leave the issue for the court to decide, the judge’s only option in almost all states is to award the property—the pet—to one party or the other. There are no provisions for visitation or shared cost because the law allows a court to make such awards only for children, not animals.

However, divorcing couples can agree to many things that courts can’t force them to do—either on their own or with the help of a mediator—and if those agreements are included in the divorce decree, they’re legally enforceable if one party breaches the terms.

Any good family law attorney will recommend trying to settle a case outside of court to avoid the trauma and expense of trial, and this is especially true when it comes to pets. You might get lucky and find a judge more sympathetic than the judge in Saskatchewan, one who will award custody based on the best interests of the pet. But without a legal basis for that award, it’s a risk, because the decision could easily be appealed, adding more trauma and expense.

“Resolving custody disputes through a third-party neutral or even mediation or arbitration might be best,” Karp says, because mediation allows everyone to focus on the best interests of the pet. “I was once asked to mediate a catcustody dispute,” he continued. “I brought the parties around to considering the cat’s perspective, thinking about who could best provide for him and [asking them] to suspend vengeful thoughts for one another.”

What if you’re not married but in a relationship and have (or want to add) pets?

What can you do to avoid a custody dispute if you split up? If your state’s laws allow, you can enter into a binding and enforceable custody agreement (if cohabitating), a prenuptial agreement (if contemplating marriage), or a separate property or community property agreement (if already married). Any of these contracts can set forth who is the pet’s owner if a couple breaks up; whether visitation will be allowed, and on what terms; and whether they’ll share costs for boarding, day care and vet expenses while together and post-split.

If you don’t want to enter into such a formal agreement, be sure to maintain very clear records that document any pet-related expenses you paid: purchase or adoption fees, licensing, food, training, exercise, boarding, vet care and so on. At least for the foreseeable future in most parts of the country, pets will continue to be treated as property that courts can’t force people to share if they don’t want to.

Given how many households have pets and how integrated they are into our daily lives—they are far more to us than a television or a computer, after all—we can hope that more states will quickly adopt Alaska’s enlightened approach.

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Good news: more states are following Alaska’s lead. On February 16, 2017, legislators in Rhode Island submitted a bill that would add a new section to state laws regarding divorce and separation [PDF]. If passed, judges would be required to consider the best interest of a family’s domestic animals in divorce or separation proceedings where custody was an issue.

In most shelters, each dog’s kennel run or cage has a card on which the dog’s likely breed (or breeds) is indicated. Sometimes, they’re generic: Shepherd mix or Terrier mix. Sometimes they’re more specific—Husky/Dalmatian cross, say. And sometimes, they indicate a specific single breed. These labels can also be found on shelter websites and search sites like Petfinder.com.

The fact is, nearly all of these labels are guesses. Yes, there are DNA tests, but shelters can’t afford to DNA test every dog. Instead, they rely on staff members’ judgment; they look at a dog, pull out a breed book or consult an array of mental images, and choose a breed or two off the list required by their software.

Some shelters have changed their labels to try to make this clear: “Looks like …” or “We guess that …” However, others go further and eliminate breed labels entirely. As a result, they say, the adoption process has been improved; in some places, adoption rates have improved as well.

What’s the argument for eliminating breed labels? For many, the issue started with Pit Bulls.

Looks vs. Genes

Most shelters are full of the mediumsized, short-coated, blocky-headed dogs who tend to get labeled as Pit Bulls—a type for which there is no legal or kennel club definition. But a number of studies have shown that people’s guesstimates often don’t match a dog’s true genetic heritage. In one study, staff members at four shelters were asked to guess the breed of 120 dogs. Fiftyfive of the dogs were identified as some kind of Pit Bull, but when they were DNA tested, only 36 percent had ancestry from one of the recognized bully breeds (generally, American Pit Bull Terrier, American Staffordshire Terrier and Staffordshire Bull Terrier). Five of the dogs who did have one of these in their DNA hadn’t been labeled as such; the guesstimates missed 20 percent of the 25 actual Pit Bulls.

In this context, making a mistake about breed type is a big deal. There are places where it’s against the law to own a Pit Bull, or where you can’t get home or pet insurance if you have one. Even where that’s not the case, the name still carries a stigma.

A recent study—“What’s in a Name: Effect of Breed Perceptions and Labeling on Attractiveness, Adoptions and Length of Stay for Pit Bull-type Dogs” —showed that in a shelter where breed labels were eliminated, the adoption rate for Pit Bulls went up, their euthanasia rate went down 12 percent and their length of stay at the shelter was reduced. Another interesting finding was that while adoption rates increased the most for Pit Bulls, they went up for other dogs as well. “All the dogs benefited,” says Lisa Gunter of Arizona State University, Tempe, one of that study’s authors. “That was something that we weren’t anticipating.”

Others who’ve seen the effect labels can have might not be surprised by those results. “We would notice that people would walk through the kennel and they weren’t looking at the animals inside, they were looking at the kennel cards,” says Kristen Auerbach of Austin Animal Services. “And then, depending on the breed, they literally never even looked inside the cage. It quickly became clear that this wasn’t a Pit Bull issue, it was a bigger issue.”

It’s frustrating for many reasons to watch shelter dogs being rejected purely on the basis of breed stereotypes, particularly since most breeding now selects for appearance rather than function. “The more that we breed purebred dogs for looks, the less likely those things we started the breed for are going to hold true,” says Barbara Hutcherson of Fairfax County Animal Shelter in Herndon, Va. “So you might have a dog in front of you that’s a lovely quiet dog that you’ve had in foster and you know [the dog’s] not noisy—but try convincing someone, when you say ‘Beagle’ and they think ‘noise.’”

Relying on traditional breed characteristics is even more absurd when you’re looking at a mix. “We don’t understand how individual breeds play out in the behavior of the dog,” says Gunter. “A first-generation cross of Labrador and Border Collie doesn’t mean [the dog is] going to swim well and herd sheep. That’s not how genetics works.”

Too, we all seem to share an unspoken assumption that a mixed-breed dog is a dog with two purebred parents, when usually nothing could be further from the truth. Gunter is involved in a study that DNA tested more than 900 shelter dogs. Results for nearly 80 percent of the dogs showed two-plus breeds (the plus indicates that no specific purebred could be distinguished for at least one great-grandparent) and ranged up to five-plus breeds. On average, a single breed contributed around 30 percent of a dog’s heritage. Gunter feels strongly that the usual cage cards are a huge oversimplification. “It does a disservice to the complexity of shelter dogs, and to who these dogs are,” she says.

Changing the Conversation

Given that most of the labels are complete guesses, it begins to make sense that some shelters have decided to remove breed from the conversation. “I think the real benefit of not talking about breed is that it allows you to talk about the dog as an individual—that this is what we’ve observed about this dog,” says Hutcherson. Shelters that have eliminated breed labels report having better conversations with potential adopters, conversations that in some cases might not have otherwise happened.

“What this does is … force people to go through the kennels and come back and ask us, ‘What breed is that dog?’” says Lauren Lipsey of the Washington Humane Society (WHS) in Washington, D.C. “Previously, they … wouldn’t have had to engage us in conversation and could just walk out because they didn’t like the answer.” Now, Lipsey says, when people ask about a breed, staff can dig down into what they are really looking for. “What is it about that breed? You want a dog you can run with? Great, we have a ton of those. A dog that is good with children? Let me steer you toward these dogs that have lived with children. Just because that animal looks like a Lab doesn’t necessarily mean it’s good with children.”

Still, some of us really do want a particular breed. Auerbach doesn’t consider that a problem for those people, or those dogs. “In the shelter, people can walk through and they’re going to make their own identification anyway: ‘That looks like a Poodle and I want a Poodle.’”

Gunter suggests that without labels, potential adopters might actually be more likely to find their desired breed. In considering the reasons why adoption rates went up across the board in her study, she says that it’s important to remember that people disagree on visual breed identification. So breed labels may actually steer people away from dogs they’d otherwise consider.

Leave it open, and they may see that dog in the shelter after all. “If they view a dog as a Cocker Spaniel, then the dog’s a Cocker Spaniel, and if someone else views [the dog] as a Springer, and that’s what they would like, then that dog is there,” she says. “By removing the breed labels, the dog can be whatever that person wants that dog to be.”

New Code Needed

One apparent contradiction is that nearly all shelters still display breed labels for the dogs on their websites. This is because most software programs used by shelters require a breed label to create a record, and automatically display the label online. WHS is one of the few to have figured out how to get around that programming demand, which required writing their own code. Still, their dogs still show up with breed labels on search sites.

Auerbach, who has participated in eliminating breed labels at two shelters and gives presentations on the topic at industry conferences, finds shelter software companies’ reluctance to make changes frustrating. Greg Lucas of Shelterluv.com says that while his company’s software is one of the few to allow a shelter to designate a dog as purely a mix and choose not to display breed labels on their own websites, that’s not the end of the problem. They still have to find something in the search site’s breed list to match up to, or the posting will be rejected. A representative for Petfinder.com points out that the site does allow more generic breed group designations like “Terrier” or “Hound,” and says that the company is “looking into” the idea of being able to eliminate breed designation entirely.

It’s possible that people who are looking for a dog via these sites are a different population from those who come into the shelter to browse. “I do think that the audiences are different,” says Lipsey. It’s also true that these search sites aren’t the only way to find a dog online anymore. For many shelters, promoting individual animals via social media has become a big part of their outreach. The Fairfax County Animal Shelter found that 50 percent of adopters came in after seeing a pet on their social media, where they don’t talk about breed. And Lipsey says that while the majority of their adopters come in to adopt a particular animal they’ve seen online, they’ve typically accessed the information on the shelter’s own website, which does not have the breed labels.

Eliminating all breed labels may seem radical, but there’s no reason a shelter has to go all the way. “What we’re arguing is that shelters should have an option,” Auerbach says. Label an obvious Pug as a Pug, but why be forced to make a wild guess about a dog who is probably a mix of many breeds? And it seems that shelters are enthusiastic about the possibility; Auerbach says that the conference presentations she gives on this topic are packed.

In a sense, there’s nothing new about the idea. In fact, it’s the practice of pigeonholing all dogs into a mix of two breeds that’s new. Auerbach thinks that the reason so many medium-sized, short-coated dogs are called Pit Bulls is that we’ve lost much of the vocabulary we used to use to talk about dogs. “We all remember that for our grandparents, the dogs were mutts, they were mongrels. We had more language to describe mixed-breed dogs,” she says. “Pit Bull has kind of replaced mutt, and that’s a problem.”

Our grandparents didn’t need DNA tests to recognize the complexity of mixed-breed dogs. “When they talked about ‘Heinz 57,’ that’s what they meant,” says Auerbach. “Not two breeds mixed with each other, but many.”