DOG FIGHT IN COURT OVER LENGTH OF SPANIELS TAIL

[AussieMark]

Dog Fight in Court Over Length of Spaniel's Tail

ALBANY, New York (Reuters) - New York's highest court heard arguments on Wednesday in the case of a man who has refused to cut his dog's tail for national competitions.
Manhattan dog owner John Hammer wants the Court of Appeals to reinstate his suit against the American Kennel Club and the American Brittany Club which seeks to bar them from enforcing a 1926 breed standard for judging spaniels that takes points off for dogs with tails longer than four inches (10 cm).

Hammer contends that the "docked-tail" standard violates state law against intentionally injuring an animal and constitutes illegal discrimination because his dog's tail is 10 inches (25 cm). Lower courts have dismissed his complaints.

"These organizations encourage you to be cruel to animals and they punish you if you aren't," Hammer's attorney, Joseph Foley, told the six-judge panel.

The AKC and ABC both contend that the procedure maintains breed standards and protects the animal when it participates in either mock or real hunting expeditions.

"We are not perverted minds and we love animals," AKC attorney Dale Christensen told the court.

ABC attorney Debra Resnick said if the court ruled in favor of Hammer it will open a flood of lawsuits against the 145 other breed clubs in the country.

"It would be like making declawing a cat an act of cruelty," she said.

If a puppy's tail is too long, a breeder can tightly wrap rubber bands around it until the blood circulation is cut off and the rest of the tail "dies," Hammer said in explaining the trimming process.

Animal rights groups and activists across the country have donated money to his legal defense fund and sent hundreds of letters of support and several affidavits.

"I have affidavits from hunters who say that the longer tail is needed for communicating," Hammer said.

The Airedale Terrier Club of America and 10 other breed clubs have filed briefs in support of the AKC and ABC.