This case outrages me as a property owner AND as a pet owner, also a form of property. Ownership of property is a WELL established fundamental right!
“Namath's attorney, James Walsh, said he didn't know whether he would appeal Thursday's decision.” Oh, Joe, say it isn’t so! Please, oh, please appeal this outrageous ruling! We need your help Joe! We need your help James! Quarterback this and lead us to victory!
“A sign warns people not to come up the driveway and to beware of the animals, he [Mr. Namath] said. The former New York Jet said he is constantly forced to shoo gawkers from his property. All of the incidents involving the dogs could have been prevented if people heeded a warning at the entrance, he said. 'I've had people come up to my kitchen window,' Namath told the special magistrate. 'I don't know who they are.... Over the years we are talking about three incidents that all could have been avoided.'"
When did people start thinking they can trespass with impunity? Just ignore the signs and barge right in. I’m ready to go back to “trespassers will be SHOT” if legislatures and judges are going to utterly strip us of the right to put up reasonable signage and be able to expect and demand our privacy without persistent violations and threats of suits by trespassers. Some people seem to think there’s a difference between driving up my driveway and barging right into my house. Well, NEWSFLASH: There’s no difference. My driveway is public property!!! If I haven’t given you permission to set foot on my property you don’t get to put your toes, let alone your tires, across my property line. If I’ve gone the additional trouble and expense to expressly warn you off, you better PAY HEAD to those warnings because I think they’re ugly and that I shouldn’t have to even have them because YOU shouldn’t be on my property without my permission EVER.
“In addition to Leo and Stella, Namath has a Pomeranian named Rico and a Shepherd mix named Alexander, animal control officials said.”
First alleged bite: “David Gunter, a former UPS driver, said he was bitten on the back of his calf by one of the dogs in May 2007. He could not identify which one. Gunter said the attack took place after he pulled up to Namath's house to deliver a package. When he got out of the truck, he said, three dogs ran at him. "I was basically in fear for my life," Gunter told the magistrate.”
He couldn’t identify which dog? End of discussion to me. This is a hearing about Leo and he can’t identify Leo. No evidence there for THIS case.
And… Oh, pleeeaaasssseeee! You UPS guys are the WORST offenders. Rush, rush, rush; oblivious to everything around you. You think you can drive wherever you want, PARK in the middle of the street, block driveways and parking spots, and on and on. You’re complete SCOFLAWS. I’ve come close to reflexively slugging a couple of huge UPS guys who barreled up on me, nearly bowling me over, in their rush to drop packages at doors. I totally understand why the dogs would have been spooked and it was YOUR fault David Gunter!!! You should not have gone past the sign to start with!
Second alleged bite: “In February, Stella allegedly bit a contractor on the wrist while he was working at the property. His injuries were minor, officials said. The contractor did not appear at the hearing.”
Hearsay. No evidence here of ANYTHING.
Third alleged bite: “Three months later, Leo allegedly attacked Jennifer Nelson, a home health care nurse who had accidentally responded to the wrong house. Nelson said Thursday that her GPS device sent her to the wrong address. When she got out of her car, she said five dogs ran at her. Leo bit her on the butt, puncturing her skin, she said. Nelson said she had to take antibiotics and get a tetanus shot.”
“Namath said he told Nelson she was at the wrong address and warned her not to come any closer to his house before the incident.”
I’m just guessing that Joe Namath doesn’t have a tiny house on 1/3 acre like I have. Ms. Nelson drives up per her GPS, signs not to enter and to beware of animals, Ms. Nelson doesn’t stop, pull out her cell phone and call her dispatch or the client to make sure she’s in the right place before ignoring those signs? Ms. Nelson, blame yourself and your GPS, not the dogs!
Veracity check on Ms. Nelson… Getting out of the car and five dogs run at you and you don’t jump back in that car? (And Mr. Namath only appears to have 4 dogs so…How's your vision to start with?) Five dogs, including a at least three large ones (Lab, Weimaraner, and a Shepherd Mix). One of them bites you on the butt, the BACKSIDE, and you’re looking to see which one? I'm trying to think of a position that would allow for that and that you were attempting to protect yourself (at least a little) and the best I can come up with is your head between your legs. With your eyes open? Can you see whatever part of your butt that got bit from that position? Either you’re one DUMB nurse (who made little or no attempt to protect your face) or that was in your dreams sweetie! I certainly hope you were prosecuted for trespassing!
Seems much more likely that you started to exit the vehicle, after ignoring the signs and choosing to barge right in, and THEN ignored Mr. Namath’s warnings TOO. You’re just another of those who think you’re justified in doing whatever you want, wherever you want and (when something bad happens due to your own errors) you want someone else to blame!
Fourth alleged bite: “In August, Nickolas Bonanno, an irrigation technician, said he was bitten by both Leo and Stella while working on the property. He did not immediately report the incident, but later filed an affidavit with the county requesting that the dogs be classified as dangerous, animal control officials said. Bonanno was scheduled to testify at the hearing, but unexpectedly canceled his appearance, officials said.”
No show, NO EVIDENCE.
“didn’t immediately report…” So probably no physical evidence (that would probably have been obtained in advance and submitted even in the witness’ absence so there probably isn’t any at all). Can you say disgruntled…? Mr. Bonanno, did you lose your job and think you could get some money for this?
"As for the dogs, who also did not attend, both were up to date on their vaccinations after each of the attacks, animal control said."
"Another of Namath's dogs -- Stella, a Weimaraner — escaped the stringent requirements. Assistant County Attorney Shannon Fox dropped a case filed against Stella because a witness did not show up to testify."
We end up with 2 fact witnesses. One who admits he doesn’t know which dog allegedly bit him (IF he was bitten at all and I have serious doubts) and another who says she does but, to my mind, doesn’t seem very credible - certainly not to her claim she could see which dog bit her butt. BOTH of these witnesses are arrogant, self-entitled, SCOFFLAW trespassers who barged right up to the potential hazard, disregarding warnings not to do so, and did this on PRIVATE property. And somehow that turns into Leo and Joe paying a huge price? Leo becomes a “dangerous" dog based on this? What's the standard used at these hearings? Certainly doesn't seem to be "more likely than not". Maybe, "it might have happened so just to be uber safe we'll punish the dog and owner".
“As a dangerous dog, Leo must now be muzzled and leashed even on Namath's property. It must have a microchip implanted and carry a special "dangerous" dog designation tag.” Leo has to wear a muzzle and live basically in jail for the rest of his life? “Walesky [Capt. Dave Walesky of Palm Beach County Animal Care and Control] said animal control had received four reports of Namath's dogs attacking people on his property since 2007, 'and rumors of many more.'" Joe has to pay exorbitant fees and live under the thumb of these animal control folks who don’t seem to grasp the concept of “evidence” and mere rumor, innuendo, and hearsay?
EXASPERATED SIGH!
“If the bite is serious, investigators can declare the dog dangerous.” And exactly what do they consider “serious”? Breaking skin? HUGE EXASPERATED SIGH over overbroad, vague regulations impinging on fundamental rights!!!
This type of prosecution has become a real bullying process. If Leo belonged to many, many less affluent owners, he’d be headed to euthanasia because AC would have seized him or they simply wouldn’t be able to afford the extra costs. Those confinement issues seem inexpensive but how does one travel when one has charge of a dog subject to these? How does an owner who is accustomed to keeping healthy exercised dogs NOT feel they’re being abusive when their dog can’t leave the house without a muzzle. I’m actually a fan of muzzles but it would pain me to make a dog live out life in one.
All of the quotes and information above are from here unless otherwise indicated in the body.
Some days it seems like "life, liberty, and the pursuit of happiness/property" is dying all to fast or was merely a dream, a delusion, to start with while the scofflaws and thieves (yes, infringing upon property, fundamental rights, is outright thievery and not just of the property but of time and energy and of DREAMS) continue to take and take with no consequences whatsoever.
Find a way to encourage Mr. Namath and his attorney to appeal this case; to help reverse this trend for all our children's sakes; lest they find themselves without any life, liberty, or property. A life without pets romping through your life - how very sad.