The bite was serious. Our technician required immediate medical attention. [...] When an animal bites a person who seeks medical care, it is normal procedure for the hospital to alert animal control officers. This is what happened here.He goes on to say that just because the tech is pressing charges doesn't mean the clinic wants the owners prosecuted or the dog killed. Maybe they thought "pressing charges" meant that everyone has tea and a biscuit and goes home early, I don't know.
The veterinary technician then made an individual decision to pursue charges. I supported that decision, because when an animal causes serious injury to a person, there should be a public record of that fact in case there are future incidents involving that animal.
Response from the lawyer for Spork's owners:
Jasper Animal Hospital is responsible for the hiring, training and supervision of its employees. Further they are responsible for the development and implementation of hospital procedures to protect their clients, their animal patients, and their employees.Of all the points made in my previous post and the comments, I am most curious about this last bit. The bite happened in August 2009. Since the law specifically exempts veterinary staff from filing charges related to dog bites, why is this case still being pursued? To my mind, the fact that it was ever even opened was a mistake. The city should have told the tech from day one, "You are exempt and can not press charges". Forcing the owners to spend all this time worrying and all their savings on lawyers is totally ridiculous. And the Vet is supporting these shenanigans? Even knowing there is no legal standing for these charges whatsoever?
While the Walkers are perplexed by the City of Lafayette’s aggressive pursuit of the charges against them, they are also distressed by the veterinary technician’s desire to further this case. While they have been very upset and concerned about the injuries suffered by the tech, the Walkers are surprised that a trained veterinary professional would put an animal in her care in this position. In the police reports, it is clear other clinic employees were aware that Spork was distressed at the time of his visit. He was shaking and defecating in his owner’s arms. Given the visible state of Spork’s anguish, the Walkers are shocked that this veterinary technician, given her years of experience, would put her face anywhere close to Spork’s face. What is even more curious to the Walkers is why a trained tech would aggressively urge criminal charges in the matter when veterinary technicians are trained to handle animals, and there is an assumed risk that comes with the job. Colorado State Statute §18-9-204.5(6)(b) specifically exempts veterinary health care workers for this very reason.
Hey Lafayette pet owners: Jasper Animal Hospital doesn't know how to handle scared pets and if you go there, they may give your name and address to the city and file charges against you. Maybe there's another vet clinic in town? Or, if Lafayette is determined to invoke "home rule" to avoid compliance with this sensible state law, I'd say it would be well worth it to go to a vet clinic outside the city.
There is also an e-mail posted online that is purported to be from the city of Lafayette regarding the case. The city thinks we should all be grateful they don't have breed bans and didn't seize Spork immediately.