Thursday, August 2, 2007

Appendix (2) A Dog's Space

Last update August 1, 2007

The incident of July 4th discussed in the blog was a terrible incident, for the dogs involved, their guardians, the DoH and Animal Control, and for the compassionate citizens of Washington. While it is still not over as of this writing, the reason why we are involved (as outsiders, since we have no connection with the parties or incident) is principally for the future, for the protection and welfare of all our dogs in DC, and people as well. But the incident could have been much worse, and still could be since Sidney's fate has yet to be determined under the Dangerous Dog Act, and the fact is that that Act could result in his death.

What happened on July 4th happened, and there is nothing that is not already being done that can be done to change that. Looking to the future, there are two huge gaps that this case opened up, one dealing with the incident itself, and the other dealing with the aftermath. This posting and whatever emerges from it, will deal only with the former, and to try to come up with ways to prevent this thing from happening again, in DC anyhow. Although there are numerous dog-bites-dog cases in DC each year (we estimate 1700 based on national statistics), only a small minority of them get reported, and very, very few ever get as far as this case did, and none that we have found this fast and in this fashion (for reasons that will be explored elsewhere by us for our own dog's protection). Last year, in a park right outside our home, a dog was killed by another dog of almost equal size, and the grief-stricken owner of the dog that was killed responsibly recognized her own responsibility for putting her dog in harm's way (even though the dog that killed the other one had no record of aggression), and moved on. It is unfortunate that she learned her lesson the saddest way possible, but she did. Others learned a lesson too. That may not always be best solution for everyone, but in this case the facts warranted it. The whole issue needs to be explored in an emotion-less environment, where established principle of law are what apply and not emotions or contacts. That is why we are involved (on the periphery), to make sure that those safeguards are there. Most people are not aware of what is going on today with such things as the Dangerous Dog Act. You can gain the proof for that by walking on the street and watching how some people walk or run their dogs. If everyone knew what we knew, there would be no dogs on the street today. Until jurisdictions learn how to apply the good elements of those Dangerous Dogs Act intelligently and fairly, every single dog living in a jurisdiction that has adopted it faces the same fate as Sidney, who, according to the facts, responded the way most dogs would if two dogs of any size entered his space without any warning to him or his handler whatsoever.

The scenario I'd like to use in this discussion is not the fact pattern of the Sidney case, but one I encounter weekly myself as I sit with my dogs in a popular outdoor cafe near Dupont Circle that permits dogs to sit with you on the open sidewalk. As I sit there, buried in my reading or talking with friends, with my two large dogs tied up directly to my chair with no more than 4 feet of leash space (the law gives them 6 feet), more often than not, when another person with a dog approaches, even if they know me they give us wide berth and walk around us. Occasionally, someone will do as I do if they know I do not see them and signal me somehow so that I can take precautions and rein in my dogs if need be, which I always do, as do they. If I see them first, I always rein my dogs in. But every now and then, perhaps once a week, someone with one or more dogs, dogs of any size, will come walking right up to me from behind knowing darn well I did not see them without giving me any warning that they are coming and walk well within the space I would need if I had my dogs on 6-foot leashes. One hundred percent of the time, when there is no warning for me to get my dogs under control, my dogs, provoked into defending their space, will charging the other dog(s) that came within their space. Fortunately, there has never been a contact because I've gotten to it in time or there was no leash-overlap to allow a melee. Whenever this happens though, I always politely tell the other person afterwards, "I hope you know you assumed a big risk by doing that." My fear, however, is there is going to be a leash overlap some day and since my dogs have never had the opportunity to make contact with another dog, I have no idea what my dogs will do, again, if there was no warning given to me. If this happens and it's another big dog, my guess is that it will be a draw. If it is a small dog (like the lady who owns two miniature Yorkshire terriers who always walks them within 6 feet of me within warning me), those dogs will be history. Most people know that. That's why people joke when they pick up their small dogs walking near me saying cute things like, "No breakfast this time, doggie." This is what dogs have done for thousands of years, to other dogs or to prey animals. In our world, we people have the obligation to control our dogs, and that's why there are leash laws and rules of etiquette.

This is the scenario I address where needed in the below questions.

By the way, if you want to see the above scenario unfold dozens of times in the space of an otherwise pleasant evening, leave your own dog at home and go to the Humane Society's Bark Ball each year. A dog "confrontation" of one sort or another seems to break out from one corner of the ball room (brawlroom would be a better word) or another every so often. Fortunately, most owners have their dogs on very short leashes and are constantly on guard, and so I never recall any serious injury taking place there and it turns out to be a fun time for all and good for the Humane Society too.

Using the above scenario, the main questions to be explored here will be: (a) Whether or not a reasonable person who walks his or her dog(s) up behind and within leash-range range of another person standing still with his or her leashed dog(s), and does not give that other person warning, assumes the risk of the foreseeable consequences? (b) Is invading a dog's space tantamount to provocation from the perspective of a dog?

There are many intermediate questions that have to be addressed before you can arrive at answers to the above questions.

More to come. Thoughtful comments would be welcome in the meantime. If they are not thoughtful, they will not be published.

1 comment:

Anonymous said...

In the introduction of this blog it indicates that the two small dogs approached Sidney at dark night! Every dog has his own territory that he keeps as his and protects it. Strange dogs invading Sidneys protected space is considered by Sidney as an invasion of his protected space an aggressive action which in most cases will cause an immediate protection retaliation for defense by the invaded dog. Further most dogs will try to protect its owner or handler from the invading dogs.
In addition I find most dogs become more protective of its territory and handler at night and especially when on a leash.
This knowledge is derived from my
50 plus years of owning and handling a wide number of dog breeds as well as breeding and training purebreds for over twelve years.