UPDATE-AlphaTex Dogs to be returned as soon as they can be found
Alpha Tex dogs to be returned as soon as they can be found
http://www.myfoxlubbock.com/news/local/story/Lubbock-sandra-smith-alpha-tex-dogs-returned/6r4_s0MmcU67F5yjPihqIg.cspx
Last Update: 1/23 10:25 pm
Attorneys for both sides are working out the process for returning about 200 dogs to Alpha Tex Kennels near Lockney. A jury in Canyon Friday determined owners Mark and Sandra Smith did not treat the canines cruelly.
Floyd County’s sheriff seized the dogs after receiving an animal welfare complaint in September. West Texas Humane Society volunteers coordinated placing them in foster locations across the state.
Attorney David Guinn, who’s not connected to the case, said reuniting the Smiths with their dogs could be a long difficult process and is new legal territory.
“Everything in this statute, for good or not, is geared toward the State of Texas. So now it came out differently,” Guinn said. “The state didn’t get lucky. People on a jury heard the whole case for a week and made a decision that the law doesn’t really speak to. Now what do they do?”
A written statement from the Humane Society of West Texas said while the organization disagrees with the verdict in the case, it is working with lawyers to ensure compliance with the court’s orders. The HSWT is also asking foster caregivers to call or email the organization if they have not already been contacted.
The Humane Society of West Texas released this statement:
In September, the Humane Society of West Texas (HSWT) was asked by Floyd County to assist in transporting and caring for dogs rescued during a seizure. While in the care of HSWT volunteers, the dogs received tremendous love, care and veterinary attention. While we disagree with verdict in the case, we are working with the lawyers involved to ensure the return of the dogs in compliance with the Court’s orders. We are thankful for the opportunity to assist the Sheriff and are deeply grateful for the support the community has shown for these special animals.
Due to time constraints, we ask any fosters of the German Shepherds who have not already been contacted by the HSWT to please contact us in any of the following ways:
806-466-6644
806-466-1310
hswtgsfosters@gmail.com
Currently, the HSWT places over 1,000 stray dogs and cats into good, safe homes in our community each year. Events such as this one are critical to our ability to continue this important mission.
The HSWT is a 501 C-3 non-profit, volunteer-run local organization, funded through donations. Our organization receives no funds from taxes, animal shelters, or national humane society
Here are the most recent story comments.
dogdazie – 2/1/2012 1:42 PM
Why not let the dogs decide whether they want to go back to the Smiths or stay with their families!!!!
cracker – 1/27/2012 1:59 PM
There is not pet overpopulation except to those that think one dog is over population. In fact, shelters are importing dogs from other countries in droves while condemning breeders in this country. They import because they don’t have the dogs and need the dogs to sell to the unsuspecting public that are told they are saving a dogs life. And you call hard working caring U.S. breeders greedy.
cracker – 1/27/2012 1:50 PM
Win what? A world without dogs? You who know so much about dogs can you answer these questions? How often does a female come into heat? How long does the cycle last. What part of the cycle is the female able to become pregnant and will accept the male? What is the gestation period? If you know the answers then you know the rhetoric of they breed the female over and over again is designed to falsely give the impression of a female constantly and exhaustingly pregnant. As far as the expenses, you betcha there are lots of expenses, and the selling prices quoted by anti-breeders are GROSS not net. Most smaller breeders do not make money and cannot supply enough puppies for the demand. Large breeders are the only ones that can meet the demand. Because of volume they can absorb the costs involved and eek out a living in something they enjoy….dogs and bringing puppies into the world.
dogtrainer1 – 1/26/2012 8:20 PM
If you have a passion for dogs and cats, then you protect the breed not over breed. Yes, we should limit people to the amount of breeding (intact) females. Because its people with the mindset of dogs being property that cause the overpopulation of dogs in the United States. Nice of you to put a label of AR on me. LOL… I will fight for more strict laws for the dogs. You can call me what you want. But you wont stop me and in the end…we will win, much to your dismay Im sure…
J Austin – 1/26/2012 12:35 PM
I hope these people properly sue and are justly compensated for not only the cost of propery that was put to sleep, but for the future profit that was denied them by terminating viable brood stock. They deserve every dime that would have come to them in their legal endevors. Thank the Lord a few, even if it limited to just 12 ordinary Texans, can still comprehend property rights in this Nation.
redfiona – 1/26/2012 12:11 PM
If you are making money breeding dogs, you are doing it wrong, plain and simple. Responsible breeders rarely make a dime on the pups they breed and sell, once campaigning, health testing, conditioning, and care are all figured in. And there is NO way you can properly socialize, train, and work 100+ dogs unless you have a staff of dozens. This decision is just disgusting. I hope, though, their reputation is bad enough that the public will refuse to patronize them and they lose their business.
AntiPetThieves – 1/26/2012 11:56 AM
” Dogs should not be and should NEVER be a commodity. They are not cows, sheep, goats, chickens where they are breed for food. They are pets. Dogs and Cats in the United States are strictly for the pleasure of our company. We do not eat them, therefore they should not be a money making business.” Here’s the AR-brainwashing at work, with the attendant disconnect between reality and fantasy. Making a living does something you love and are passionate about is NOT wrong, including breeding pets for a public that wants them. The de-valuing of pets and of those who supporet themselves by providing them is part and parcel of the “animal rights” strategy in their war against pet owndership. PLEASE, RESEARCH–and NOT the AR “propaganda mill” BIG LIE sites!
cracker – 1/25/2012 2:09 PM
Often business experts say that you should find something you love and pursue a business in that which you love and enjoy. The Smiths chose dogs. There is nothing wrong with making money pursuing a passion. Limiting households to 6 breeding dogs is limiting property which is against Texas law. But, another problem with that is that the new statute defines adult intact females as breeding females even if they will never be bred. This is wrong. There are many reasons including health for keeping a dog intact. Intact dogs are NOT the reason for unwanted litters…intact dogs that are allowed to roam is a reason. Another problem with limiting the number of dogs one can own to six is there will quickly be a huge shortage of purebred dogs. Eleven is a very low threshold as it is. Eleven is a small commercial breeder or a large hobbyist that has one or two litters a year. All intact dogs are NOT bred at the same time. Of the eleven some are to old to breed, some are to young to breed, some are away and in competition and some will never be bred and some may be bred twice in their lifetime. People that have no clue should not be making up rules that can be very detrimental to our dogs.
dogtrainer1 – 1/25/2012 11:04 AM
Im am saddened that the majority of those that have commented on this story believe that there was nothing wrong with the Smith kennels and past and current operation. Dogs should not be and should NEVER be a commodity. They are not cows, sheep, goats, chickens where they are breed for food. They are pets. Dogs and Cats in the United States are strictly for the pleasure of our company. We do not eat them, therefore they should not be a money making business. I am NOT against purchasing a dog from a reputable breeder that only breeds for the betterment of the breed, for sport, showing, or companionship. BUT, if you are only in the business to breed to make several hundered to thousands of dollars off of each of the puppies, then you are not in it for the passion of the breed, but are in it for money. I believe that there should be a law that breeders should only be allowed to have 6 intact breeding females on property. That would help solve the abundance of puppymills, unwanted, stray, and abused dogs here in our country. All of you on your soap boxes shouting about a fair trial and owners rights have no compassion for any of the breeds. The Smiths won. I hope that they get all the help they need to take better care of their dogs and puppies. I am also glad that HB 1451 will ensure that soon they will be inspected on a regular basis. Along with the other large breeding facilities in Texas. I do hope all the dogs get back safe to the Smiths so that they can see how well they were cared for and loved, and I hope that they in turn quickly find homes for the ones they are trying to sell so they do not have to spend their lives without socialization and the love of being in someones warm house each and every night. I do not support the crazy FB page either. In fact, I was banned just as many others were. Speaking for myself and many others here in Lubbock…we DO NOT support that page.
cracker – 1/25/2012 7:59 AM
I was not at the raid. I have seen pictures. I see the same few pictures over and over again that are suppose to show the abuse. One ‘abuse’ picture is a dog that had lost hair. When you see this photo realize that this dog was killed that day by HSWT because it had lost hair. The Smiths were found not guilty in a court of law by all 6 jurors. I wonder what the verdict would be if HSWT were tried.
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The 821 statute addresses where the seized animals are or are not to go..they are to remain in the county they were taken. Not two feet out of the county and certainly NOT throughout the state!!!! No one outside the county is to be called to help and certainly no press is allowed to go onto private property-EVER!!! A search warrant is to be in place and the affidavit is to address the cause for the action. There is no excuse for authorities to work outside the perimeters of the statute…no excuse for error would ever be considered acceptable; the statue is specific. Even how the animals are to be treated is addressed. The warrant and statute is specific to the treatment animals. “…the statute geared for the state to win…”-Guinn
This is not the only case where a county in Texas that did not adhere to the Texas 821 statute and animals will never be able to be returned…There are MANY now filed in Texas!!! Just happens that Alpha Tex had amazing attorneys and this case lacked so much standard due process. The statue already lacking proper due peocess, and given the mistakes of the authorities…these issues are far reaching.
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**Disclaimer in place for this blog, things said of my opinion, from the news and Internet sites.
First off, dogs, cats, cows, chickens, & so on ARE property. They are NOT persons. People have pet chickens, pigs, cows, horses as well as dogs & cats. When you have invested in good, quality breeding stock, the care for them, the food, just even the daily utilities to care for them, you run up quite a tab so charging hundreds of dollars for the dogs isn’t unreasonable. If you want a cheap dog, go to the pound or craigslist. I see posts all the time begging for money to rescue dogs from pounds that have health problems & these chip ins ask for thousands of dollars. No one ever asks why.
I’m also amazed as I know people who breed & sell rats & mice for food to reptile stores. They have thousands breeding, sell them hundreds at a time yet I don’t see any raids to rescue these “poor rodents” & “how horrible it is to make them spend their lives breeding.” I’ve had pet rats who were incredibly smart, funny, & great pets. But I guess rescuers see puppies as more valuable than naked, blind, pink baby rats. I guess rats are “unimportant” to these AR folks.
People who breed dogs & cats on a large scale aren’t doing anything wrong at all. They own the dogs. And for “dogdaizy”, the Smiths ARE the AlphaTex dogs’ family. Anyone who still has one is withholding the Smiths’ LEGAL property. I hope the dwadlers who still have the dogs get arrested for theft, grand theft if the value of the dog(s) warrant it. Making money by breeding is not wrong. And you can work with & socialize a large group of dogs.
It has been almost a month since the Smiths won. ALL of the dogs should be back with them. I don’t buy any of the stall tactics those illegally withholding the dogs are using. These dogs were taken in a hurry well, they need to be back in a hurry.
Dogs are property. Dogs have a financial value. The Smiths have a right to breed & sell their dogs for whatever price they choose. People selling cars will overinflate it’s value. Rarely does any one get the car for the blue book value. Go to a dealer & try. The Smiths invest money every single day into their dogs. Water, food, meds, electricity, time (which is valuable), repairs to equipment, new equipment. The dog food doesn’t just drop in from the food fairy, they have to use gas in their vehicle to go get it. This means milage on the vehicle, decreasing its value. There is normal wear & tear, parts brake, new brakes, tires, oil, lube, all adds up plus when you add in the cost of the breeding stock, pre-natal care, post natal care, puppy shots, extra food, vet care for injuries or illnesses, then add in the mortgage, insurance (home & auto), property taxes, income taxes, state taxes, sales taxes, you have a huge overhead. So instead of complaining about them “charging too much,” you should take a look, a good look at the overhead.
I you want a quality, well bred dog, be prepared to pay for one. IF you want a cheap dog, check the paper, craigslist, or the pound. You’ll find cheap, even free dogs there.
Oh, another cost I forgot to add in — fees to the AKC. It costs to be a member, to register puppies, many breeders now have to list DNA samples of all of the breeding animals & the pups. That ain’t cheap folks. So, go get your cheap dog from the pound. Just remember, “the cheap often is the expensive.” Your cheap pound dog could have all sorts of medical problems, behavioral problems, might need immediate vetting, might need altering & shots & worming, so make up your mind. The biggest complaint I’ve heard is that the Smiths “charge too much.” Cheap dog — pound; purebred, registered, quality dog — cost some bucks.
Now return the Smiths dogs to them. You don’t have the right, in my opinion, to STEAL their dogs & as long as you have them, they are stolen property.
Actually there was a ‘rat raid’ not too long back, lol. They were transported to California!!! Maybe the funniest thing I have read from AR so far…Poor guy, he loved those rats. Things just got out of hand and the rats took over, so they raided him…
Lord help us all. Are the AR folks going to come & “rescue” the mice in my garage & under my house? They get in my house, they die. OH NO!!! AR FOLKS, I KILL MICE!!! Yep, between cats & traps, if a mouse comes in my house, it dies. So, are you going to “rescue” them from under my house & my garage? Let me get the keys & set up a time for your “mouse” rescue…..
snappingturtle left out one expense we routinely incur — first aid for MY injuries. LOL — I get a tetanus shot every 5 years (instead of 10), buy loads of bandages, tape, antibiotic salve and band-aids.