LETTERS
Seeking to take away constitutional protections
Cranston Herald

Posted Wednesday, November 20, 2019 2:08 pm
To the Editor:

Imagine the RI State Veterinarian and the RISPCA demanding to enter your home without a search warrant and if you denied them access being fined $350 per day until they obtained a search warrant. The legislation was House Bill No. 5297 introduced in the last General Assembly session that would have taken your fourth amendment rights away.

Opposing the legislation was the Defenders of Animals, Inc., and the
Rhode Island American Civil Liberties Union. The RI ACLU stated, "We do not believe the General Assembly can give the DEM much less a private entity the power to enter people's homes based on a written complaint raising a vague concern about an animal's care or welfare."

Moreover, the legislation was disguised as an attempt to target unlicensed rescuers; however, the wording included "any person who renders a service to any animal."

The 4th Amendment to the United States Constitution was added as part of the Bill of Rights on December 15, 1791. It deals with protecting people from the searching of their homes and private property without properly executed search warrants.
The RI DEM and the RISPCA have no business taking that protection away nor should elected officials ever again consider such a proposal.

Dennis Tabella
Director of Defenders of Animals, Inc.

Legislation passed during the 2018 General Assembly Session and now the law in RI:

House Bill No. 7414 Lima, Fellela, Winfield, O'Brien, Solomon (Requires educational institutions using dogs or cats for medical research to make animals no longer useful for research available for adoption.) referred to House H.E.W.

House Bill No. 7456 SUB A Serpa, Shanley, Solomon, McKiernan, O'Brien (Makes changes in the definitions of what constitutes unlawful confinement of any sow during gestation, calf raised for veal or egg-laying hen kept on a farm, and would apply them throughout the chapter accordingly.) House Environment and Natural Resources

House Bill No. 7045 SUB A Serpa, Solomon, Shanley, O'Brien, Shekarchi Prohibits mistreatment of animals by failing to provide adequate water, shelter or veterinary care.) House H.E.W.

Senate Bill No. 2055 Lynch-Prata, Sosnowski, Coyne, Goodwin, McCaffrey (Repeals exception which allows hunting dogs to be kept outdoors in cold weather.) Senate Environment and Agriculture

Senate Bill No. 2133 Seveney, DiPalma, Coyne, Euer, Calkin (Protects homeless persons in possession of a service animal, as defined under the Americans with Disabilities Act, from being denied access to any homeless shelter in violation of the ADA or the state or federal Fair Housing Practices Acts.) Senate Housing and Municipal Government

Senate Bill No. 2135 Ciccone, Ruggerio (Increases the penalty for repeat convictions for animal cruelty.) Senate Judiciary

Senate Bill No. 2777 SUB A BY Lombardi(Prohibits the sale of dogs until fully weaned unless approval for sale in writing is obtained from a licensed veterinarian. Violations are punishable by imprisonment not to exceed 12 months or $1,000, or both. Pounds and shelters are exempt.)

Senate Bill No. 2980 BY Ruggerio, Archambault (Requires educational institutions using dogs or cats for medical research to make animals no longer useful for research available for adoption.)

House Bill No. 7641 Shekarchi, Corvese, O'Brien, Serpa, Winfield (Prohibits the sale of dogs under 8 weeks of age unless approval for sale in writing from a licensed Rhode Island veterinarian with violations subject to imprisonment not to exceed 12 months or $1,000, or both. Pounds and shelters are exempt.) House Judiciary Companion bill:

Senate Bill No. 2777 SUB A BY Lombardi (Prohibits the sale of dogs until fully weaned unless approval for sale in writing is obtained from a licensed veterinarian. Violations are punishable by imprisonment not to exceed 12 months or $1,000, or both. Pounds and shelters are exempt.)

House Bill No. 7986 O'Brien, Almeida, Williams, McEntee, Ucci (Requires persons entrusted with an animal's care to report cruelty thereto.) House H.E.W.

House Bill No. 8170 BY Nardolillo, Shanley, Canario, Hull, Quattrocchi (Takes away the discretion of the sentencing judge in cases involving persons convicted of, or who entered a plea of nolo contendere to any misdemeanor or felony under the provisions of state law relating to cruelty to animals.)