This may not belong here but I'm putting it here because the judge is a Republican. This is from my old roommate's FB page.
Mar 10
Had my dogs tethered to a stake in the front yard this morning. Amazon Prime delivery person delivered a package next door. He ran through my yard and onto the neighbor's sidewalk on the way to the door as they often do because our houses are rather close. My dogs barked at him and lunged toward him only to get clothes lined by the tether. I know this because I was standing right there. Four hours later and animal control is at my door saying my dog "bit or scratched" someone. I showed animal control the tether, and how it doesn't extend beyond my property line. I said I was outside when what I expect is the root of the incident occurred. She stated she was going to have to quarantine my dog for 10 days. I said that's fine, but I'd like to see some evidence of the claim before I hand my animal over for quarantine. She said there is no evidence requirement in the state of Texas, that a claim is sufficient. I asked, "What's to keep someone who might have been attacked in a worse neighborhood by an unknown stray just using the fact that my dogs were outside as a means to an end?" Animal Control, "I can't answer that." She then requested my ID. I refused. She reiterated the 10 day quarantine. I advised her that if she had a warrant to enter my property, I would not attempt to stop her. She did not have a warrant and stated she was not going to enter my property. She said she would put a hanger on my door and notify her supervisor. 10 min. later 2 Plano police officers were at my door with the animal control officer requesting ID. I again refused. The officer stated menacingly, "That's okay, we'll go another way." and left my property. They chatted with the animal control officer for a bit, then left. The animal control officer is still outside my house and stuck a yellow paper on the chair in my front yard as well as my door. I'm being TP'd by Plano Animal Control. On hearsay alone, they want to take my property.
Mar 10
Looks like my evening will be spent learning pet laws in Texas/Plano...
Mar 10
I think what is most telling is that I was standing next to the dogs when this all occurred, and yelled at them to stop barking and sit. The delivery person didn't stop running, delivered the package, then ran back to the truck and left. If I just got bit by someone's dog, or even scratched, I'd stop and ask some questions and let them know. I even apologized to the person for their barking then went back to clearing leaves from the yard. The worst part is this now fucks up the rest of my week, and Le and I's vacation to San Antonio the following week.
Mar 11
Animal control director just called. Stated people usually comply, so they don't have to get a warrant or court order. In 13 years on the job, he's never had to get one. Well, today's your baptism sir. He quoted me the law which states:
"(f)City enforcement agents are authorized to seek a warrant or order from a court of competent jurisdiction to enforce this chapter, pursuant to all applicable local, state, and federal laws.
(g)City enforcement agents shall have the power to search, seize and impound an animal with a warrant or court order under one (1) or more of the following conditions:"
I said, so there. He said, it says we "have the power, not that we have to" No sir, it says you have the power to do so WITH A WARRANT or COURT ORDER" implying that without such, you have no power. Forget that the conditions following haven't been met either. So good luck with that warrant.
Mar 11
According to Animal Control Director Jamey Cantrell, if someone breaks into your home and your dog bites them, you have to submit the animal for quarantine. Hmm. I don't see that in any statute I can find on the matter.
Mar 11
Animal control is back at the door. Left the exact same note as yesterday stating to contact Animal Control within 24 hours, but this time with the following message scribbled in the corner: "Can receive notices to appear each day until your dog is quarantined." Yeah? Appear where? Just because you write it on a slip of paper doesn't make it so. Bring me a warrant, or an order signed by a judge who accepted your colloquial interpretation of the facts, and I will gladly turn over my animal to quarantine. Hell, just show me one shred of evidence that my dog broke the skin of any living thing, or even a sworn statement by someone stating such and I will turn over my animal for quarantine. Nobody has asked to see vaccination records, or to even see the animal. They just want me to hop on the revenue train and ride it into their station. Clearly they are not concerned with public health.
Mar 12
Third day, and more scribble. Today they attempted to interview my neighbor as part of an investigation. My neighbor declined to cooperate. I guess the alleged body camera footage of me confessing was insufficient probable cause for the judge. Bonus: I noticed the AC officer from yesterday, and the one today did not have body cameras. The one today, was the same officer who made the first contact.
Mar 13
Day 4. Used a lot of tape on this one, must be really important. She also stood outside for almost 3 minutes knocking loudly. Maybe she was trying to rile the dogs. She didn't, they're pretty well trained.
Mar 15
On Friday night, I called AC and left a message advising them that in Texas, only an officer of the court can issue a "Notice to Appear" and that it MUST have certain information. I then advised Texas Penal Code 37.11 subsection (a) part 2 makes each scribble from their officers a separate 3rd degree felony. "(2) knowingly purports to exercise, without legal authority, any function of a public servant or of a public office, including that of a judge and court." I advised them that AC officers are non-commissioned and do not enjoy Qualified Immunity. I then provided the relevant Federal RICO Act statutes relating to ongoing, and continued felonious acts intended to coerce. Yesterday and todays' Notice to Contact do not contain any embellishment and they've employed the buddy system where 2 officers deliver the tag to my door. I think they're learning.
Mar 17
Plano is so out of control. Police refuse to trespass Animal Control even though they have no exemption from trespass laws. The Sheriffs Dept. as well as Plano, PD will not enforce laws. I was actually told, "Their procedure is..." I don't care what their procedure is, I care about the law. Procedures haven't been passed or vetted. You are LAW ENFORCEMENT OFFICERS not Animal Control Procedure Enforcement. Police don't know the law, because they aren't LEO's, they enforce the will of those in power in spite of the law. What law does an Animal Control officer have to violate before they'll enforce the law instead of telling me I need to get an attorney?
Mar 17
Animal Control told me today, while standing squarely on my property, that it was PUBLIC PROPERTY. I pointed to the public easement and advised him that's public, this is private. He refused to leave 5 times. I told him I felt threatened by his refusal to vacate my property. Only then did he leave, and go around to my garage. So I guess there are no property rights in Texas.
Mar 17
Before I stood up to Animal Control, I crunched the probabilities in my head and did the associated math. (Potential fines, legal fees, time in a cell, etc.) My calculation came up with a ceiling of $15,000 in cash and maybe a couple weeks in a Plano jail cell as the worse case scenario. The more probable scenario capped at $500 in cash, and $10,000 in time and irritation. I then discussed it with Le. We agreed we could weather such a storm and she gave her blessing for me to be me. Although the reality has been $0 in fines/legal fees, no time in jail and maybe just a few grand in time and irritation, it has taught me some valuable lessons. However, and more importantly, it has left me in awe of those who have sacrificed so much more, against significantly worse odds, greater injustice, with zero support and their very existence on the line and made the decision to stand up simply because it was the right thing to do.
Mar 19
AC just made another visit today. Last one should be tomorrow. Yesterday, they were in and out before I noticed them. I saw the notice on the window of the front door, and went out back to see if they taped one over my garage door security device. As the garage door was coming up, I saw them driving away and indeed there was another notice covering the garage door security device. Last night's call was to let them know that covering a peep hole, taping over a lock, or otherwise hindering or disabling either is yet another criminal offense. Ya know, criminals will put tape over your peephole, or on your lock or block your keypad so they have time to rob your in a transitional space. (I have a beveled glass door, where only certain parts allow you to see through. Which classifies the window portion as the peephole or other security measure.) I guess they're listening, because they took the time to put the notice on the door above the opening mechanism and not just slap it on the window where they have been. And it couldn't have been easy with the sprinklers on. They didn't leave one out back at all, though they did drive by all slow and menacingly. I smiled and waved them by as I cleaned a rug with a nigh pressure washer. Your move AC. Ya got one day left, let's finish big.
Mar 20
AC didn't show up today. Which seemed odd at first, because today is day 10, but then it made sense because why would I have to call them tonight? Possibly not related, but I also received a notification from Nationwide notifying me that they failed to notify me at last renewal that a dog exclusion was added to my policy, and that the company will enforce that exclusion 30 days after the date of this important notice.
Apr 20
My Animal Control (AC) saga continues. Today I received a summons to appear in Plano municipal court to answer 4 charges made by AC regarding violations of municipal ordinances: 2 counts each of Failure to vaccinate, and failure to register an animal. I read the ordinances. Seems I have to own animals to be in violation. Good thing I don't own any.
May 8
Hired an attorney today to deal with my Animal Control issue. He's going to file for discovery, but he's pretty sure the case will be dismissed given AC's poor handling of it. He said if they had the Prime driver, they would have enforced the quarantine, but they didn't, so they're coming after me for this other thing. Problem: Without the Prime driver, the rest is fruit of the poison tree. Then there's the issue of the dogs not being common property, and some other stuff. He's pretty sure I won't do any time. 🙂
Sep 2
I'm due to "appear" in court this morning on the Animal Control mess. It's just a pre-trial, but I'm required to appear via Zoom. I was speaking with my attorney and asked how the court could require me to appear via Zoom. What if I didn't own a computer? Or a webcam? Or if I didn't have internet? I can't actually appear at the courthouse because it's closed, and there's no law requiring me to have remote technology. (Yes, these are the questions I have
@ $350/hour) Turns out, the governor of Texas (Republican) has suspended constitutional protections via executive orders. Yes, read that again. It's the 3rd time in US history. The other 2 were the Civil War, and World War II. I had no idea 1 man, at the state level, could simply decide you no longer receive constitutional protections, and poof, they're gone. If you get arrested right now, for ANYTHING, you can and will most likely languish in a cell indefinitely, damn the constitution and the spiral your life may take because of it.
Feb 3
Back in Zoom Court again this morning for the Animal Control charges. This thing started a year ago next month and there's still no end in sight. The wheels of justice do move slowly. My attorney says things look good. Witness statement from someone in the neighborhood said the Prime driver was wearing a full ski mask and was scared by him when he cut across their yard and could totally see why dogs might attack. Animal Control then conducted a lineup and the Prime Driver was absolutely certain dog #4 was the dog who bit him. Piper was dog #3 in the lineup. Yes, dog lineups. Your tax dollars at work. My attorney also had a test jury look over the discovery and although they thought I could conduct myself more politically, they thought I was justified in not turning over the animals. Seems I'm not alone in believing that an animal turned over to animal control is a death sentence.
Prosecutor made an offer where I get 80% off each fine + court costs. ($2K vs $6K) Rejected
Mar 16
Received notification yesterday regarding the AC saga. Seems I was found guilty in a default judgement and ordered to immediately pay more than $6,000 in fines, which I wasn't present to do so a warrant for my arrest was issued. Ended up being an issue with USPS. What a great country we live in, where a citizen can be put in a cage when the government makes the error.
