Barking Dog Lawsuits: October 2017 Update

Can you sue the owner of the barking dog that's driving you nuts? You sure can! Here's what a Florida real estate attorney has to say:

Homeowner could sue neighbor over barking dog

Now, here's the downside. You could win your case, but your neighbor may appeal. Happened in this case, which began in 2002:

Owners must surgically 'debark' loud dogs, court rules

Here's the money quote from the story:

"The Appeals Court upheld the $238,000 verdict and Gerking’s ruling, reasoning that the Kreins shouldn't have to file lawsuit after lawsuit to recover compensation as the problem continues. In his written opinion, Appeals Judge Joel DeVore likened that to a 'judicial merry-go-round.'"

Thank you, Your Honor. And let's be aware of the fact that merry-go-round has an on/off switch. It can't run forever. Nor should it.

Epidemic Level of Barking Dogs

This post goes out to my college student neighbors with the LOUD dog. I do hope that you undertake the challenging task of opening the door and letting your dog back into the house. If your parents can afford to pay out-of-state tuition, I think they can also finance some etiquette training. Because subjecting the neighbors to nonstop barking is very rude.

Now that we've gotten that out of the way, here's an excellent letter to the editor. Quoting from the letter:

"Sometimes the dogs are out barking at 6:30 a.m. and seem to not be under the discipline of any responsible adults. This can go on all day. I suspect the owners put out the dogs then go to work. I believe this to be our right to be protected from this gross audio pollution and neighbors who are inconsiderate. Going for a walk in this part of town is impossible with out groups of fenced dogs snarling and barking through fences wanting to kill you. It is so disturbing; the quiet, the peace and calm of this residential area."

Then came this comment:

"Why not approach your neighbors in a calm, adult, and civilized way and work together to find a solution?"

Which was followed by another commenter's perspective:

"All too often -- maybe alarmingly often -- the person on the other side of that door (the dog-owning neighbor) isn't a calm, civilized adult who's interested in working together to find a solution.

"All too often, the person raising the issue is painted as the bad guy, and then targeted, for simply raising a valid complaint in a "calm, adult, and civilized way."

"What then?"

Exactly. This is why I no longer talk to my neighbors about their barking dogs. 

I've found that talking to neighbors is about as useful as talking to a brick wall. And I've been there and done that on the painted-as-the-bad-guy thing.

What do I do instead? I report owners of barking dogs to animal control, which sends a Sternly Worded Letter. Personally, I think that the initial contact should have more oomph, but my last two reports have resulted in the departure of the dogs -- and their owners. Perhaps that forthcoming animal control letter will have the same effect on those overprivileged college kiddies.

One can only hope. And blog.

Peak Fido, indeed!

Last summer, the Animal Uncontrol blog offered a post with this prediction:

"[E]verything I am reading about and experiencing first hand gives me a gut feeling that the 'dog bubble' is deflating, and may be doing so at a rapid pace. I am going 'Bearish' on dog mania!"

That "Peak Fido" post has become one the AU blog's most popular.

And it seems that Peak Fido is spreading beyond the dog-blogosphere. Note this just-published article in the highly influential British newspaper, The Guardian:

Should we stop keeping pets? Why more and more ethicists say yes

The article features the research of Jessica Pierce, author of the book, Run, Spot, Run. It offers a long-overdue critique of our country's obsession with pets.

Quoting from The Guardian, and I'm using boldface to emphasize what I believe is the key point:

"From the animals that become dog and cat food and the puppy farms churning out increasingly unhealthy purebred canines, to the goldfish sold by the bag and the crickets by the box, pet ownership is problematic because it denies animals the right of self-determination. Ultimately, we bring them into our lives because we want them, then we dictate what they eat, where they live, how they behave, how they look, even whether they get to keep their sex organs."

And the hits just keep on coming. Here's another article from the Hollywood Patch:

Fido And Fluffy Are Ruining The Environment, UCLA Study Says

If you love that headline, then you'll adore the subhead: "America's beloved dogs and cats play a significant role in causing global warming, according to a new study by UCLA."

Thank you, UCLA, for pointing out what I've long thought was a blind spot in the environmental movement. I see way too many people who ride bicycles while taking their own bags to the organic foods store, and they own several dogs or cats. In many cases, they love to call attention to themselves by proclaiming that their pets are RESCUES!

I've tangled with more than a few of these people. For some reason, they don't seem to like it when I point out that their precious little fur babies are nonstop barkers that cause noise pollution.

As for these pet-questioning news stories, I hope they continue to increase. Because it's time to face the truth, even if it makes the doggie and kitty worshipers uncomfortable.

Don't like dogs? It's okay now.

There was a time, and it wasn't too long ago, when it was almost mandatory to start your criticism of dogs and their owners by saying "I love dogs, but ..."

Well, I'm here to tell you that it's okay to not love dogs. Hey, you don't even have to like them.

Here's an example of how public opinion is changing. From the Pacific Northwest:

Not wild about dogs? How to cope in mutt-mad Seattle

Kudos to the Seattle Times for publishing this piece.

Victory!

Despite what many well-meaning people say, I do NOT recommend trying to talk to the owner(s) of barking dog(s). That very thing has gotten people killed.

What do I recommend? Start by checking out this website:

http://barkingdogs.net/

I also suggest a reading of the excellent book, Neighbors from Hell. You can borrow it from the library. Author Bob Borzotta advises that you not deal directly with your problematic neighbors. Use local authorities for that. Here are two helpful phone numbers:

911. Yes, you can report barking. Just make that call. You can remain anonymous.

Animal control. Here in Tucson, the number is 520-724-5900. They'll start the complaint process by sending a Sternly Worded Letter to the dog owner. Yeah, I know. A letter. How scary. Well, you know what? Sometimes this works!

Case in point: Last year, I reported neighbors for failing to control a barking dog and for having a yard full of junk. Shortly after they got the Sternly Worded Letter, they got rid of the dog. Code enforcement got on their case about the junk, and they cleaned it up.

After getting rid of the dog and removing the yard junk, these people moved. The property was a rental and has since been sold.

Even better news, the new occupants don't have a dog and they keep their yard clean. Victory!

Barking Dog Lawsuits: June 2017 Update

Here's an interesting case out of Dayton, Ohio:

A couple is suing their neighbors over barking dogs. The suit seeks more than $125,000 in damages.

The husband in this couple is a doctor. According to the Dayton Daily News report, "the constant barking has affected their marriage and [the doctor’s] ability to be rested well enough to perform surgeries."

Bingo. There it is. Sleep deprivation affecting interpersonal relationships and one's ability to perform at work.

Who hasn't suffered from these things? I can attest to the fact that I'm suffering from sleep deprivation right now. (Thank you, owners of the robo-yapper down the street.)

The Dayton Daily News story goes on to say:

"Six dog-related criminal cases from March 2015 to June 2017 have been filed against the [dog owners] in Vandalia Municipal Court; two have resulted in guilty pleas and $25 or $50 fines.

"'A reasonably prudent person would not allow their dog to make such excessive noise that it frequently and habitually interrupts, or precludes, the sleep of neighbors,' wrote [a local lawyer who is the plaintiffs' attorney], adding that his clients 'have a right to the enjoyment of their property, and to relative peace within their home.'"

In two short paragraphs, we see two big problems with dog law:

1. Six trips to court by the sleep-deprived neighbors and the dog owners. And slap-on-the-wrist fines in two cases.
2. The right to quiet enjoyment and peaceful use of the home. Which requires defense through an expensive lawsuit because the criminal process was so ineffective.

Here's a better system: The Model Anti-Barking Law, courtesy of the BarkingDogs.net website.

And, to that sleep-deprived couple in Dayton, I send you my best wishes for a huge victory in civil court.

Another Useless Barking Ordinance

With great fanfare, Hillsborough County, Florida has announced a new anti-barking ordinance. Sounds good, huh?

Well, like many things, the devil is in the details.This is yet another one of those ordinances with a multiple household rule. Meaning that if you're bothered by barking, you must get two of your neighbors to go along with you before a complaint can be filed.

Talk about a recipe for inaction. Quite often, the owners of barking dogs will turn the entire neighborhood against the barking-bedeviled person who dares to complain about the sacred utterances of Fifi or Fido.

After all, the dog owner is the victim! And Fifi and Fido? Well, they are beyond reproach because they are dogs! Everyone knows that dogs are always wonderful! All the time! So, we must not complain about them! Ever!

Well, dog worshipers, here's a news flash: Barking is noise. There are other types of noise that are dealt with quite harshly. And promptly.

Take, for example, my own city of Tucson. Place sounds like a kennel. But, when it comes to loud parties, there's the red tag ordinance. You hear a loud party? Is it keeping you up half the night? You call 911, and the police come. Oh, do they ever! The party house gets slapped with a red tag -- it goes on a front window where e-v-e-r-y-b-o-d-y can see it. The fines start at $500.

Why is this approach not used for barking complaints? The Hillsborough story offers a clue. The local rescue angels are up in arms because this new ordinance might reduce the adoption of dogs. After all, people might get in trouble with the law because of barking.

Rescue angels, here's another news flash: There's this thing called responsibility. You talk about it often. Responsibility includes having consideration for one's neighbors. If your potential adopters can't control a dog's barking, then maybe they shouldn't have a dog.

Subprime dog loans?

So, another night of waking up too early, and not being able to get back to sleep. The reason? Let me spell it out for you:

B-A-R-K-I-N-G

And here's something that should cause all of us to lose sleep: Subprime loans for buying a dog.

People, if you can't afford the price of the dog, don't buy it. It's that simple. Don't let the pet industry propaganda manipulate you.

On the other hand, subprime dog loans could be a sign of Peak Fido. (Hat to my dog blogging colleague, Animal Uncontrol, for coining this phrase.)

Barking Dog Lawsuits

Key point from my county's animal noise complaint process page:

"Complainants may also pursue civil action of their own."

Which raises the question: Can one be successful with such an action? Answer: YES!  

Here are two recent examples from the Pacific Northwest:

1. Disgruntled couple awarded $240,000 from neighbor in DOG BARKING lawsuit after claiming the Tibetan mastiffs caused them a decade of unrest
2. Seattle family may lose house over barking dog

In order to win in civil court, you must prove that you have suffered some sort of harm. Take, for example, your health.

If the barking has caused you to lose sleep to the point where you've become ill, you may be able to recover damages. Here's an Illinois case where that is being attempted.

And here's a Colorado case that's even more egregious. Unfortunately, this man had ineffective legal counsel. Beware of that.

Then there's the financial angle. Has the barking caused you to suffer monetary loss? Is it affecting your ability to do business? You may be able to recover damages.

If you don't think that your barking issue rises to the level of a civil court trial, consider small claims court. This book may be helpful.

Actions and Reactions

News story from the southeastern United States:

Athens man shoots neighbor’s dog because of its barking, tries beating it to death with bat

What's interesting about this story is not that it's unique. It isn't. This sort of thing has happened before, and, sorry to say, it will happen again.

What's interesting is how it is being viewed in the online comments. Inconsiderate dog owners are mentioned more than once.

Bingo. That's the problem.

As long as inconsiderate owners allow their dogs to bark, bark, bark, bark, bark, and bark, and do nothing about getting the noise to stop, people are going to react in ways that aren't pretty.

Want to avoid this reaction? If you're a dog owner, follow the advice given by this commenter: "Bring your dogs inside if they are barking. I have three dogs and would never expect my neighbors to deal with them barking."

He's doing his job!

You've probably heard this one from your barking dog-owning neighbors and friends. (What? You're still friends with those people?)

Turns out that the sonic sewage has a purpose. The dog is doing his job!

Well, peeps, don't let this one go. Question it. Here are three ideas. Feel free to use them in your next conversation with these dog owners.

1. He's doing his job? Great! When it comes to creating noise pollution, his performance is off the charts! Good boy, Fido!
2. Oh, so he has a job to do. Hmmm, would that be preventing peace and quiet in our neighborhood?
3. So, his job is to reduce crime? Really? Does he know how to dial 911? And how about a neighborhood watch group? Those are quite effective. Is he organizing one?

So, there you have 'em. Three ideas. Feel free to add more in the comments.

Protection Dogs

It's 3:21 a.m. and here I am at the computer.

Why? Same dogs as two nights ago. They're barking their heads off. Again.

I don't know their owners, and, quite frankly, I don't want to. Why not? Because they're probably going to tell me that they have the robo-barkers for protection.

And you know what? Those dogs are doing a great job! They're preventing the following:

1. Peace and quiet
2. A good night's sleep for the neighbors

Protection, my ass.

Oh, if those dogs were barking at a prowler, hell, that crook left the neighborhood an hour ago.

And the barking continues.

Soundtrack for Another Night of Ruined Sleep

Live! From the neighbors' yard! Here it is!

Bark-bark! Bark-bark! Bark-bark! Bark-bark! Bark-bark! Bark-bark! Bark-bark! Bark-bark! Bark-bark! Bark-bark! Bark-bark! Bark-bark! Bark-bark! Bark-bark! Bark-bark! Bark-bark! Bark-bark! Bark-bark! Bark-bark! Bark-bark! Bark-bark! Bark-bark! Bark-bark! Bark-bark! Bark-bark! Bark-bark! Bark-bark! Bark-bark! Bark-bark! Bark-bark! Bark-bark! Bark-bark! Bark-bark! Bark-bark! Bark-bark! Bark-bark! Bark-bark! Bark-bark! Bark-bark! Bark-bark! Bark-bark! Bark-bark! Bark-bark! Bark-bark! Bark-bark! Bark-bark! Bark-bark! Bark-bark!

I might add that it has been a rainy night in Tucson. Which has been made worse by the neighbors' inability to open the door and let their dogs back into the house.

Goodbye and Good Riddance to Mediation!

Our local newspaper just shared this wonderful news:

Pima Animal Care drops barking dog mediation contract

Quoting from the story:

“Reviewing five years of ‘barking’ complaints we could demonstrate no decrease in the number of complaints or related citations that correlated in any way with our contract expenditures in this area,” Health Department Director Dr. Francisco Garcia wrote in a July 8 letter.

So, there you have it. The health department director is admitting that barking dog mediation was a waste of taxpayer dollars. Here's hoping that other jurisdictions come to the same conclusion.

Not that I'm against mediation. It does work when both parties are interested in achieving a positive result. For barking dog disputes? Uh-uh.

In these cases, the mediation involves a perpetrator (owner of the robo-barking dog) and a victim (the neighbor who's on the receiving end of the noise).

In other words, it's bullying.

And you can't mediate with bullies. You need to use the power of law enforcement -- and civil and criminal penalties -- to get the bullying to stop.

My previous posts on this topic:

1. Mediation: The Non-Solution
2. The Futility of Mediation

Barking Dogs and Lawsuits

Speak to any personal injury lawyer, and you'll learn that dog bite cases are their bread and butter.

Barking dog cases? They're pretty rare.

However, that may be changing. Here's a case from Illinois:

Barking Dog Drove Up Sleep-Deprived Old Lady’s Blood Pressure: Lawsuit

Quoting from the story:

[The plaintiff] "has a right to the quiet and peaceful enjoyment of her condominium,” the suit said, but the barking dog is depriving her of that. So she wants at least $50,000."

I hope she wins.

Barking Dogs and Property Values

So, you've had it up to here with your neighbors' barking dogs. To the point where you're ready to sell the house and move.

Well, not so fast.

You might find that the home selling process is a lot more difficult than you think. In case you're wondering why, here's the reason:

B-A-R-K-I-N-G

Case in point: News coverage of a proposed dog park and the unhappy neighbors. Money quote from a real estate agent, who was included in the story:

"Those of us in the real estate business know that if you are showing a property and there is a barking dog, it is very unlikely someone will buy or rent it."

Show of hands: Who wants to move to a dog-free community?

Mediation: The Non-Solution

Three years ago, I blogged about the futility of using mediation to resolving barking dog problems.

Well, guess what. I just made a couple of complaints to animal control about, you guessed it, barking dogs. Their letter package included this bit of advice:

First and foremost, we encourage neighbors to talk to each other.

Well, animal control, if you're trying to get people injured or killed, that is excellent advice. However, there's this thing called reality. Which includes news stories like this:

Barking Dog Dispute Leads To Stabbing

I don't know about you, but if the stabber was my neighbor, the last thing I'd try to do is talk to him about his barking dogs.

And here's another goodie from animal control's letter package:

We do not investigate the noise complaints.

To which I say: Then what in the hell are you doing with my tax money? Besides sending sternly worded letters to irresponsible dog owners and encouraging me to talk to them?

Oh, yes. There's one more thing that I'm encouraged to do: Mediation. It's no longer mandatory, but it just won't go away. And, according to animal control, mediation has an 85% success rate.

To which I say: Bullshit.

I've been involved in the battle against barking for more than a decade, and I've talked to countless people who have tried mediation and found it wanting. Most of them are like me. They vow to never use mediation again.

The StopBullying.gov website has this to say about mediation:

"Conflict resolution and peer mediation don’t work for bullying. Bullying is not a conflict between people of equal power who share equal blame."

And what is uncontrolled barking but another form of bullying?

Turning People Against Dogs

I'd like to start this post by saying that I used to be a dog lover.

What caused me to change my mind about dogs? Well, I'll spell it out, slowly and carefully, so that there's no misunderstanding:

B-A-R-K-I-N-G

And, yes, I have tried to talk to the owners of these dogs. Fat lotta good that did.

To a man and woman, they were indignant that I would dare to bring up such a thing. After all, I was criticizing the sacred utterances of their fur baby!

Officialdom was no better. I've lost count of all the barking dog reports I've made to animal control. You know what they do? They send a Sternly Worded Letter to the dog owners.

Things go downhill from there.

Along the way, you can experience the joys of keeping a barking log (nothing like victimizing the victim even further), optional mediation with the dog owner (been there, done that, and it was a waste of time), and, if you're really lucky, there's a hearing with the dog owner that maybe-just-maybe will result in fines.

If there's any good news in all of this, here it is: I'm not the only one.

Unlike 10 years ago, when I first became concerned about this issue, there's quite a movement. Call it the Quiet Homes Movement if you want. We aren't coalescing around a single activist website like DogsBite.org (happy 8th birthday, DBO), but our numbers are growing.

Questioning the Cult of Dog

So, there I was, reading our city's alternative news weekly. It's one of those publications that seldom has anything bad to say about dog or their owners. This despite the fact that Tucson frequently sounds like a 24-hour barking kennel.

Then there was this op-ed piece:

Tom has a thing for dog people, OK, crazy dog people, and it isn’t very positive

In one article, he takes on the "dogs everywhere" craze, which has led to dogs in grocery stores and other places where they don't belong, and fake service dogs.

Way to go, Tom!

Shelters Lie

To illustrate, I'm sharing this recent story from Tucson.

It all started at our local humane society. Couple of girls reach into a pen and steal a "lab mix" puppy. Cue up the public outcry about dognapping.

And why am I putting the type of dog in quotes? Because that puppy sure as hell isn't a lab mix. It's a pit bull. It was probably stolen so that it could be bred and/or used in dogfighting. Nary a news media word about that inconvenient truth.

Why do shelters lie like this? Simple reason: Money.

If they admitted that this -- and other dogs like it -- was a pit bull, it wouldn't be adopted. They'd have to put it down, and you know what?

That's a good thing.

Why do I say that? Because pit bulls and their close mixes account for more human deaths, maimings, and serious injuries than any other type of dog.

For the sake of the public health and safety, those dogs should cease to exist. If that means euthanasia at animal shelters, so be it.

Let's get back to the money for a moment. I used to donate to this humane society, but I stopped. Why? Because they started promoting pit bulls as safe family dogs.

And they're not the only humane society that's doing this. The delusion about the safety of pit bulls has spread to other shelters. And to national organizations like the ASPCA and Best Friends. None of them are worthy of a single cent of my money.

Quite frankly, I'd rather give to organizations that help people. In my world, people matter more than dogs.