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Legislation may harm pets locked in hot cars, not help, vets and advocates say

Eddie Burkhalter

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A bill passed by the Alabama Senate last week lawmakers say will help keep pets trapped in hot cars safe, might actually endanger the animals, according to some animal advocates and veterinarians.

That bill was written by a dog breeder who some worry purposefully wrote the bill to make it harder to keep animals safe, and to instead protect breeders from having animals confiscated, they told APR this week. 

Mindy Gilbert, The Human Society’s Alabama state director, told APR by phone on Tuesday that she’s certain that the senate bill’s sponsor, Alabama Sen. Jimmy Holley, R-Elba, “does have good intentions, but I think the devils in the details.” 

Several attempts this week to reach Rep. Holley were unsuccessful. 

The bill would grant criminal immunity to a civilian who rescues an animal from a vehicle, and would provide civil and criminal immunity to first responders who do so. The legislation also makes it a misdemeanor crime if a pet dies in a hot car. 

Gilbert said that while those might also sound like great ideas, the bill would actually reduce criminal penalties for allowing a pet to die in a hot car. 

“Our current cruelty statute, which has been used in cases like this, would define that as a class C felony,” Gilbert said. 

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A Trussville woman in 2018 was charged with felony aggravated cruelty to animals for leaving her dog in a locked car while shopping in Walmart. The dog died after police broke out a window and removed the distressed animal. 

The bill also states that the ambient temperature of the interior of a vehicle must be 99 degrees or hotter to be charged under the legislation. 

Gilbert said she’s spoken with numerous veterinarians who all said that 99 degrees is too hot to be safe for pets trapped in cars. 

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Gilbert said that for many breeds of pets, and pets with compromised health, “that requirement in order to rescue them will absolutely sentence them to death,” and there are other aspects of the bill that trouble her. 

“I think everybody was very focused on providing immunity to first responders, which I think is fabulous,” Gilbert said of the legislation, but worried that it doesn’t include animal control personnel in its definition of public safety officials and covered by the bill’s immunity clause. 

Holley’s legislation defines public safety officials as “An individual employed by a law enforcement agency, fire department, or 911 emergency service.” 

Dr. Mark Colicchio, a veterinarian in Spanish Fort, reached out to Sen. Holley and all of the members of the state Senate Judiciary Committee about his concerns with the bill prior to its passage in the senate. Holley put Colicchio in touch with the man he said wrote the bill, Norman Horton.

Colicchio said he spoke to Horton, owner of the Dale County german shepherd breeding company Triple S Shepherds, at length about his concerns, but that none were addressed in the final legislation. 

“There are a lot of temperature references in there which make no sense whatsoever,” Colicchio said. 

Colicchio said he spoke with Horton about the bill’s language that required the ambient temperature of the interior of a vehicle to be 99 degrees or higher before a person could be charged. He said he told Horton that there’s no practical way for a public safety official to measure the ambient temperature inside a locked vehicle from outside, to which he said Horton suggested they call carry digital temperature readers. 

Such devices measure surface temperatures, and wouldn’t  be able to read the temperature inside a locked car, Colicchio said. 

After speaking with veterinarians at Auburn University’s College of Veterinary Medicine Cholicchio said they looked at data that suggested that if the outside temperature of a vehicle, which can be more easily measured, was 78 degrees an animal trapped inside with no ventilation could be in jeopardy. 

Colicchio said he suspects the legislation was purposely written to protect owners from having their animals taken from them in the event they’re left in hot cars. 

“He doesn’t want breeders to risk having their valuable dogs stolen out of the car because somebody thinks they’re at risk,” Colicchio said. “…When you structure a law to benefit yourself, and animals suffer for it, that just gets to me.” 

Horton, speaking by phone Wednesday,  told APR that he wrote the bill to protect animals and to establish the proper way to rescue an animal in distress. 

“This is America, and this is Alabama, and if someone’s gonna be guilty of a crime or charged for a crime then they need to have committed that crime” Horton said. 

Horton said “we don’t need vigilante justice” so he wrote the bill to make clear how best to enter a vehicle if an animal is in need of help. 

Asked how he decided that 99 degrees inside a vehicle was the temperature at which a pet was in danger, Horton said “I got the figure after talking to several veterinarians.” 

Asked which veterinarians he spoke to get that figure, Horton said “that’s immaterial” and declined to name them. 

Horton likened the matter to speed laws, and said while some speed limits are set at 70 MPH, some people, such as police officers, can drive safely at speeds up to 113mph. 

Asked why the bill doesn’t include animal control officers in the immunity protections, Horton said that “it does.” 

Horton pointed to the bill’s language that defines public safety officials as “An individual employed by a law enforcement agency” and said “go to Tuscaloosa. Go to any of the cities around, and animal control officers are employed by the police department. They’re sworn officers.” 

Some animal control officers who work in municipal law enforcement agencies are sworn officers, Gilbert said, but many are not, and in the counties, where animal control is operated as stand-alone agencies, animal control officers are not sworn officers and wouldn’t be immune from prosecution under the legislation. 

Asked why his bill didn’t include all animal control officers, whether they were sworn officers working in law enforcement agencies or not, Horton suggested that it was to ensure owners could be charged with crimes 

“Do we want to charge for the crime when they do something like this or just let them go?” Horton said. 

Horton declined to answer a question about the bill’s language that limits the charge of killing an animal in a hot vehicle to a misdemeanor and soon after ended the interview. 

“It’s not to help the animals,” Colicchio said of the legislation. “That’s the wolf in sheep’s clothing.” 

It was unclear Wednesday if Holley’s bill had a sponsor in the state House. There were no similar bills filed Wednesday, according to the state Legislature’s website.

Eddie Burkhalter is a reporter at the Alabama Political Reporter. You can email him at [email protected] or reach him via Twitter.

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State senator calls for Rep. Dismukes to resign over celebration of former Klan leader

“Since first being elected in 1996, I’ve had a policy of not publicly criticizing other elected officials, but at this time I am making an exception since Rep. Dismukes is MY state representative,” Chambliss wrote in a tweet. “He does not represent my views or the views of the vast majority of people in District 88.” 

Eddie Burkhalter

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State Sen Clyde Chambliss, R-Prattville, on Monday called for the resignation of Rep. Will Dismukes, R-Prattville.

State Sen Clyde Chambliss, R-Prattville, on Monday called for the resignation of Rep. Will Dismukes, R-Prattville, after posting to social media about attending a birthday celebration for Nathanial Bedford Forrest, a Confederate general and first Grand Wizard of the Ku Klux Klan.

Dismukes posted a photo of himself on Sunday speaking at Fort Dixie outside of Selma on Saturday, the same day that late Congressman and Civil Rights hero Rep. John Lewis, was honored in Selma. 

“Since first being elected in 1996, I’ve had a policy of not publicly criticizing other elected officials, but at this time I am making an exception since Rep. Dismukes is MY state representative,” Chambliss wrote in a tweet. “He does not represent my views or the views of the vast majority of people in District 88.” 

“The post is bad enough, the timing is even worse, but the real problem is that an elected official in 2020 would attend a celebration of the life of someone that led a group that terrorized and killed other human beings,” Chambliss continued in the tweet. “He has had 24 hours to understand why people are so upset, but his interview on WSFA a few moments ago confirms that he is lacking in understanding and judgment — he should resign immediately.” 

Dismukes in the WSFA interview told a reporter that he hadn’t thought about the memorial for Rep. Lewis and connected it to his attendance at the celebration for the Klan leader. 

Dismukes told WSFA that he won’t apologize for his family’s service in the “war between the states” that he said wasn’t primarily fought over slavery, that he’s not a racist but that he doesn’t see the need for the current racial reconciliation. 

“We no longer drink from separate water fountains, and we no longer have segregated schools,” Dismukes told WSFA. “You know there’s abundant work opportunities for all colors, there’s abundant scholarship opportunities for all colors. So what are you asking that needs to be racially reconciled?”

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Chambliss may be the first Republican lawmaker in Alabama to call for Dismukes’ resignation, but others have expressed concern over his social media post and attendance at the event. 

Alabama Republican Party Chairman Terry Lathan issued a statement addressing the post, and said he believes voters should decide whether Dismukes keeps his office. 

“While Rep. Dismukes has released a statement attempting to clarify his actions as a private citizen attending a celebration of the first Grand Wizard of the Klu Klux Klan, Alabamians hold their elected officials to a high standard of actions. So does the Republican Party,” Lathan said in the statement. 

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“Rep. Dismukes offered no explanation for why he participated in a birthday celebration of Nathan Bedford Forrest. Additionally, I find his statement to be shallow in understanding why his activities are deeply offensive to so many Alabamians. His constituents will be the final decision-makers of his political future.”

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Republicans are concerned by Rep. Dismukes’ Confederate social media posts

Brandon Moseley

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Rep. Will Dismukes, R-Prattville, is facing criticism for attending a birthday celebration for the first Grand Wizard of the Ku Klux Klan.

House Majority Leader Nathaniel Ledbetter, R-Rainsville, on Monday released a statement in response to a recent social media post by State Rep. Will Dismukes, R-Prattville, who was in Selma Saturday celebrating Confederate General and Ku Klux Klan leader Gen. Nathan Bedford Forest’s birthday over the weekend. This was while much of the rest of the state was celebrating the life of Alabama native and Civil Rights Movement legend Congressman John Lewis.

“The Alabama Republican Caucus is comprised of 75 men and women, each of whom have their own beliefs and principles that guide their lives,” Ledbetter said. “The personal beliefs expressed by any one member do not reflect the beliefs of the others, and their activities outside the Legislature should be considered their own, as well.”

“Several of our Republican Caucus members have reached out to me with concerns about the content and timing of a recent social media post by State Rep. Will Dismukes, and I, as a House member, share those concerns,” Ledbetter continued. “We live in a nation that guarantees each citizen the right to express the ideas they wish to share, and in the case of a public official, voters will ultimately decide if they agree with those ideas.”

Speaker of the House Mac McCutcheon, R-Monrovia, also released a statement regarding the controversial social media post.

“The Alabama House cannot police the beliefs, statements, and activities of its members outside the Legislature as that is a job best assigned to voters in each House district across the state,” McCutcheon said. “It is important to note, however, that I and many other members of the House devoted our weekend toward honoring an Alabama native and civil rights icon who dedicated his life to securing freedom, liberty, and equality for all Americans.”

“While Rep. Dismukes has released a statement attempting to clarify his actions as a private citizen attending a celebration of the first Grand Wizard of the Klu Klux Klan, Alabamians hold their elected officials to a high standard of actions. So does the Republican Party,” said Alabama Republican Party Chairman Terry Lathan. “Rep. Dismukes offered no explanation for why he participated in a birthday celebration of Nathan Bedford Forrest. Additionally, I find his statement to be shallow in understanding why his activities are deeply offensive to so many Alabamians. His constituents will be the final decision-makers of his political future.”

“The Alabama of today was on full, honorable display as we paid humble tribute this weekend to the life of Congressman John Lewis,” Lathan continued. “That is the Alabama that we are proud of — showing the nation and world that we are one in the common goals of equality for all of our citizens.”

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“It is one thing to honor one’s Southern heritage, however, it is completely another issue to specifically commemorate the leader of an organization with an indisputable history of unconscionable actions and atrocities toward African-Americans,” Lathan concluded. “I strongly urge his constituents to contact Rep. Dismukes to articulate and share with him their thoughts on his personal actions.”

On Sunday, Dismukes shared several pictures from the celebration of Gen. Forest’s birthday, with the caption: “Had a great time at Fort Dixie speaking and giving the invocation for Nathan Bedford Forrest annual birthday celebration. Always a great time and some sure enough good eating!!”

After the comments became a social media firestorm that has garnered press attention, Dismukes attempted to explain his position.

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“First and foremost, my post yesterday was in no way related to disrespecting the passing of Rep. John Lewis,” Dismukes said. “That wasn’t even a thought in my mind. That is not who I am as a person. I am a transparent person. To the point that as a public official I lay it all there for the people to see for better or for worse at times. My post yesterday was as usual me sharing a previous days events. The post was in no way intended to seem as if I was glorifying the Klan or any party thereof. The very atrocities and actions they committed are a disgrace to our country.”

“Also, we are all individual members that make up our legislature. I made a post independent of my colleagues,” Dismukes continued. “I made a post independent of my colleagues. My regret is that I have allowed them to be put in a negative light. If you disagree with me and my beliefs do not hold them under the same umbrella. I can live with a dislike for me, but not fellow members, or members of my own personal family. Our body as a whole is made up of some of the finest people I have ever had the honor of knowing and working with, both Democrat and Republican. I close by reiterating that my post was in no way glorifying the Klan or disrespecting the late Rep. John Lewis.”

The Alabama Democratic Party had already come out and demanded that Dismukes resign months ago when it became known that he, a minister, was chaplain for a Sons of the Confederacy chapter in central Alabama.

Dismukes is serving in his first term in the Alabama House. He briefly was a congressional candidate in Alabama’s 2nd District but dropped out of the race before the Republican Primary.

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Alabama lawmaker faces sharp criticism over celebration of former KKK leader

Micah Danney

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State Rep. Will Dismukes, R-Prattville, shared a post on Facebook after a birthday celebration for Nathan Bedford Forrest, the first Grand Wizard of the Ku Klux Klan.

State Rep. Will Dismukes, R-Prattville, is again facing calls to resign over a social media post he made about his participation in an event honoring Confederate heritage.

Dismukes posted a photo of himself on Sunday speaking at Fort Dixie the day before, where a yearly event was held celebrating the birthday of Nathan Bedford Forrest, a Confederate general and first Grand Wizard of the Ku Klux Klan.

“Had a great time at Fort Dixie speaking and giving the invocation for Nathan Bedford Forrest annual birthday celebration. Always a great time and some sure enough good eating!!” Dismukes wrote above a photo of himself speaking on a porch adorned with a portrait of Forrest and several Confederate flags. The post is no longer visible.

Criticism was swift on social media as word spread that Dismukes attended the celebration on the same weekend that the late Congressman and Civil Rights hero, Rep. John Lewis, was honored in Selma, where Lewis was nearly beaten to death in 1965, during the march for voting rights that crossed the Edmund Pettus Bridge.

Alabama Democratic Party Executive Director Wade Perry called for Dismukes to resign.

“Will Dismukes has demonstrated yet again why he is unfit to hold public office,” Perry said in a statement. “Americans don’t celebrate racists or traitors. Nathan Bedford Forrest was both. And a founder of the Klan. The Alabama Democratic Party renews our call for Dismukes to resign. It’s 2020 and it’s time for racial extremists like Will Dismukes to go away.”

Dismukes posted a statement on Monday addressing the criticism: “First and foremost, my post yesterday was in no way related to disrespecting the passing of Rep. John Lewis. That wasn’t even a thought in my mind. That is not who I am as a person.

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“I am a transparent person. To the point that as a public official I lay it all there for the people to see for better or for worse at times. My post yesterday was as usual me sharing a previous days events. The post was in no way intended to seem as if I was glorifying the Klan or any party thereof. The very atrocities and actions they committed are a disgrace to our country.

“Also, we are all individual members that make up our legislature. I made a post independent of my colleagues. My regret is that I have allowed them to be put in a negative light. If you disagree with me and my beliefs do not hold them under the same umbrella. I can live with a dislike for me, but not fellow members, or members of my own personal family. Our body as a whole is made up of some of the finest people I have ever had the honor of knowing and working with, both Democrat and Republican.

“I close by reiterating that my post was in no way glorifying the Klan or disrespecting the late Rep. John Lewis.”

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Alabama Republican Party Chairman Terry Lathan issued a statement addressing the post:

“While Rep. Dismukes has released a statement attempting to clarify his actions as a private citizen attending a celebration of the first Grand Wizard of the Klu Klux Klan, Alabamians hold their elected officials to a high standard of actions. So does the Republican Party.

“Rep. Dismukes offered no explanation for why he participated in a birthday celebration of Nathan Bedford Forrest. Additionally, I find his statement to be shallow in understanding why his activities are deeply offensive to so many Alabamians. His constituents will be the final decision-makers of his political future.

“The Alabama of today was on full, honorable display as we paid humble tribute this weekend to the life of Congressman John Lewis. That is the Alabama that we are proud of – showing the nation and world that we are one in the common goals of equality for all of our citizens.

“It is one thing to honor one’s Southern heritage, however, it is completely another issue to specifically commemorate the leader of an organization with an indisputable history of unconscionable actions and atrocities toward African-Americans. I strongly urge his constituents to contact Rep. Dismukes to articulate and share with him their thoughts on his personal actions.”

House Majority Leader Nathaniel Ledbetter, R-Rainsville, issued a statement saying that the beliefs of one member don’t reflect the beliefs of all, and that several Republican Caucus members expressed concern to him about the content and timing of Dismukes’ post.

We live in a nation that guarantees each citizen the right to express the ideas they wish to share, and in the case of a public official, voters will ultimately decide if they agree with those ideas.”

Speaker of the House Mac McCutcheon, R-Monrovia, on Monday issued his own statement:

“The Alabama House cannot police the beliefs, statements, and activities of its members outside the Legislature as that is a job best assigned to voters in each House district across the state.  

“It is important to note, however, that I and many other members of the House devoted our weekend toward honoring an Alabama native and civil rights icon who dedicated his life to securing freedom, liberty, and equality for all Americans.”

Rep. Danny Garrett, R-Trussville, tweeted a stern rebuke on Sunday: “I cannot fathom why anyone in 2020 celebrates the birthday of the 1st KKK Grand Wizard. And while the body of a civil rights icon beaten by the Klan lies at state Capitol being honored by GOP/Dem leaders from all over the state. This mentality does not rep my party or my faith.”

Another GOP colleague, Rep. Allen Farley, R-McCalla, responded to a constituent about the matter in a tweet

“Scott, As a Christian, Conservative, member of the Republican Party, I was proud of the comments of my colleague Rep. Danny Garrett. Rep Will Dismukes’ actions were also unfathomable to me. I believe it will take the voters in House Dist. 88 to remove Rep. Dismukes from office,” Farley said.

While fellow Republican officials said that Dismukes’ constituents should decide if he remains in office, the College Republican Federation of Alabama issued a statement on Monday calling for him to resign.

“Representative Dismukes’s Facebook post of him at an event that celebrated former KKK Grand Wizard Nathan Bedford Forrest is unacceptable and has no place in the State Legislature or the Republican Party,” the statement said.

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Elections

Governor sets special election dates to fill Johnson’s House seat

Micah Danney

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The Legislature meets in Alabama's State House in Montgomery. (CHIP BROWNLEE/APR)

There will be a special primary election on Oct. 6, a special primary runoff if necessary on Nov. 3 and a special general election on Jan. 19, 2002021 for the vacant Alabama House District 33 seat. It had been occupied by Rep. Ron Johnson, who died on July 14.

“Rep. Ron Johnson served the constituents of Clay, Coosa and Talladega Counties well for many years, and I know he will truly be missed by all,” Ivey said in a statement. “Especially while we are experiencing such uncertain times, it is important that the people living in House District 33 have a voice for them in the Legislature. For that reason, I am calling a special election to fill this seat.”

The deadline for qualifying with major political parties is Tuesday, Aug. 4 at 5 p.m. The deadline for all independent candidates and minor parties is Tuesday, Oct. 6 at 5 p.m.

House District 33 represents Clay, Coosa and Talladega Counties.

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