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NOTICE: This is a PUBLIC SERVICE  website designed to inform you of violations of the Veterinary Practice Act   proven and alleged  by David Faulkner  DVM 
 Texas State  Board of Veterinary Medical Examiners    ~  ~    Texas State Bar, Animal Law Division
 


Assistance  Animal
            April 5 ~ 1998 
                            June 1 ~ 2005


In Loving Memory of  
Bo Bo Bear
...a victim of alleged VETERINARY NEGLIGENCE and PROFESSIONAL MISCONDUCT ...
     ~  Many things along life's pathway will catch your eye  ~   but pursue only those that capture your heart and soul  ~    ~
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My Opinion / 1st Amendment
 

 
 
 
 
Music is:   "Distant Drums"
 

My Opinion


      When vets are allowed to hide their mistakes and wrongdoing, with the help of the vet medical Board, what we don't know can hurt us. But, much worse, kill our animals that we entrust to this profession.
 

      When secrecy is the price of your furfriend's life, I agree with Jack Wolfson, who was recently interviewed by Dallas television station KTVT CBS 11. Mr. Wolfson stated,   "The Board needs an overhaul….not just protect their pals."   (click here or see the two part video below, also read about Jack Wolfson’s proposed Texas Intrinsic Value Law).     This would increase protection for animals  in the care of the Vet's office greatly, almost  100 %
 
      When they continue to let vets protect vets on the buddy system , which is evident in many cases , hide the crimes as if they never happened , let them continue with business as usual , this in itself is a crime. Even the police department will put a policeman on leave during an investigation of a questionable death. However, the Board is allowed to keep the strongest smoking-gun evidence out of public view. You say they are suppose to protect the public, act in the complaintants interest, don't be deceived.
 
     The plaintiffs are never  allowed to fully defend their case, documents and evidence withheld from their viewing, yet, the plaintiffs are expected to be their own attorney and present a full case of wrongdoing by the vet to the Board. This is an impossible task, as any practicing legal attorney will tell you. However, vets are allowed to see filings and documents presented by the opposing side, as a matter of law. The plaintiffs should receive the same consideration in matters before the Board.  They conduct their offices as a legal environment, even arranging for many attorneys to be employed and appointed to the Board, as a matter of their own protection.  Exactly who protects the public and the plaintiff? The plaintiff will be expected to file their own legal action beyond the Board in the legal system,  an expense not available to the majority. Even if you can get to that point, the Board has already dismissed, leading all to believe, they actually investigated, without bias. 
 
     Even if there is a disciplinary action by the Board, the actual details of the case are withheld from you and sealed. I believe this is called  absolute privilege records, which requires a judge's order to obtain, which meets with more legal resistance. Can the average public citizen afford all of this? Hardly. This is what bad vets rely on to continue their multi-million dollar operations, conducting their business as they wish without resistance from any source. In my opinion, some of these pretend vets are on the same level as serial killers and sex offenders, all under the protection of  "Dr." before their name, a trusted title by the uninformed. In the wake of all this, millions of animals suffer or die needlessly. I personally believe that anyone seeking a license to practice veterinary medicine should have to pass a psychiatric evaluation by at least two sources before receiving a license to practice. I'm referring to nationwide accountability. 

 
     These vets will go to any lengths and spend any amount of money to hide their crimes. They can afford this. We, "the public," paid them exorbitant amounts of money for their services. They have few actual rules to go by and many of these are ignored. They don't even have a reasonable control from any source over the drugs in their possession, nor how they distribute the drugs. It can be out the back door to a person who doesn't even own an animal.
 
    The Public needs to come forward and demand changes, and do it now, for the interest of the Public who must use these services. We have no other recourse.
 
   I personally spent one year investigating before I presented my case to the Board. Basically, I did their work for them. I have been met with short answers, resistance and have never been interviewed during the process. I hope the reason is their investigation is extensive.  
 
   My case of   "Intentional Destruction of an Assistance Animal by his Vet"    has been in the process almost two years. I fully expect it to be in one system or another a few more years. You have to be truly dedicated to a public concern and love your furbaby to the extreme to endure all the resistance, holding a hand dealt from a stacked deck in the game called  "Seeking Justice."
 
    I urge you to contact your governor and other elected officials concerning the issues that have come to light through the Internet and Media attention. Especially  I urge the ethical vets who are practicing, “Please, weed your garden! Weeds among the flowers are not necessary. Demand ethics be practiced by all and the oath you swore to be upheld.”
 
    Accountability goes beyond earth time one day. The animals talk to Him. What will they say about you?
 
Betty Garrity for Bo Bo Bear
4/3/07

 
       {update, 01/28/08, their investigation was not extensive, it was non-exsistant}
          update, 05/20/08 , TBVME  will not honor Attorney General Opinion issued in our favor

 Attorney General of Texas  Greg Abbott ~  rules in favor of complainants concerning records 

                       Open Records Decision # 683  ~ issued  Nov. 24th, 2009 ~  Read  Opinion Here    

                                          Thank You !!      Attorney General      for a correct defined ruling    ( :

             No longer will Vets be able to hide their crimes with lies on the response to complaints

see my: Attorney General Opinion Request  citing rules of Common Law of the United States with issues of discrimination and favortisum which resulted in this opinion by the AG himself, on Appeals page..which led this opinion.
 


1st Amendment Resource Section

 
Content courtesy of   ~   Veterinary Abuse Network
                                                              Suki's Story


Related First Amendment Resources:

"Public Citizen has been in the forefront of the legal defense of the First Amendment right to maintain a gripe site, defending against claims that challenge the domain names of gripe sites, the use of meta tags or other devices to call the public's attention to the sites, and baseless claims of libel orother torts thatare invoked as a basis for shutting down critics." 

www.publiccitizen.org 

www.firstamendmentcenter.org

www.eff.org

American Press Institute

2006 PEN/Newman's Own First Amendment Award


SLAPP suits - Strategic Lawsuits Against Public Participation

SLAPP Happy: Corporations that Sue to Shut You Up

"Initially we saw such suits as attacks on traditional 'free speech' and regarded them as just 'intimidation lawsuits,'  Pring and Canan state,   "As we studied them further, an even more significant linkage emerged: the defendants had been speaking out in government hearings, to government officials, or about government actions. . . . This was not just free speech under attack. It was that other and older and even more central part of our Constitution: the right to petition government for a redress of grievances, the 'Petition Clause' of the First Amendment."

SLAPP suits threaten the very foundation of citizen involvement and public participation in democracy. "Americans by the thousands are being sued, simply for exercising one of our most cherished rights: the right to communicate our views to our government officials, to 'speak out' on public issue," state Pring and Canan. "Today, you and your friends, neighbors, co-workers, community leaders, and clients can be sued for millions of dollars just for telling the government what you think, want, or believe in. Both individuals and groups are now being routinely sued in multimillion-dollar damage actions for such 'all-American' political activities as circulating a petition, writing a letter to the editor, testifying at a public hearing, reporting violations of law, lobbying for legislation, peaceful demonstrating, or otherwise attempting to influence government action."


SLAPP Resource Center - Defending Your Right to Speak Out

Which states have antiSLAPP protection? 

At least  24 other states and one territory  have also enacted some form of legal protections against SLAPPs. These are Arkansas, Delaware, Florida, Georgia, Guam, Hawaii, Indiana, Louisiana, Maine, Maryland, Massachusetts, Minnesota, Missouri, Nebraska, Nevada, New Mexico, New York, Oklahoma, Oregon, Pennsylvania, Rhode Island, Tennessee, Utah, Washington, and West Virginia.

Articles:

"Sludge Backs Up: Merco's SLAPP Suit Fails in Texas"  Says judge:
 
"Defamation law should not be used as a threat to force individuals to muzzle their truthful, reasonable opinions and beliefs. To endorse Merco's version of defamation law would be to disregard . . . constitutional protections."

The 1st Amendment group had asserted in a court brief that the developer had "sued Steers in order to harass and intimidate her, to chill her exercise of free speech and to intimidate others from similarly engaging in the lawful activity of petitioning government agencies."

"Fishing for Competence"  California SLAPP suit declared illegal

"What's the Beef?"   (as we know, Oprah won)

Public Citizen Press Room - Dentists Who Attempted to Shut Down Web Site Critical of Their Work Have to Pay Attorneys Fees

Public Citizen Press Room - Rev. Jerry Falwell Loses Bid to Shut Down Disapproving Web Site

SLAPP AHS! Lawsuit Information Site

Auto Dealer Spends $100,000 Trying to Get Web Site Down


 

                    YES there are ethical Vet’s in the US....read below, protect your pet !!!  

Insider Ethical Vet  Advocates for Veterinary Accountability

John Robb, dvm     Protect the Pets:
http://www.protectthepets.com/
Dr. Bob Rogers,    Vaccines: http://www.critteradvocacy.org/
 

 click off music above to watch

 Media Coverage
 
Pet Owners Call for Reform:

March 2007- Dallas / Fort Worth television station KTVT-CBS11 did a two part story on Bad Vets and how the Board handles complaints. Pet Owners are calling for reform in how the Board does business. Watch both parts of the video here:

 





November 2008San Antonio television station KSAT-ABC12 did a story on Texas Pet Owners seeking change at the Texas Veterinary Board. Watch the video here:



November 2008- Canton, Ohio radio station Q92 devoted nearly 40 minutes of talk time to the subject of veterinary malpractice on the 'DeLuca in the Morning' show. Listen to the show here:



The transcript  below was addressed before the Grand Prairie Republican Party meeting, Monday evening , April 7th 2008, to bring to the State Republican Party of Texas in June, by Jack Wolfson of Grand Prairie Texas. The following already supports Intrinsic Value for Texas animals, since September of 1991. The Intrinsic Value issue should be entered into law, an answer for animal protection for the future. Texas would then be among the few states that would be recognized for it's strong moral issue on this subject. Texas is known internationally for it's beautiful valuable animals.

                                                                                                                                                                                             Betty Garrity


     State of Texas Intrinsic Value Animal Rights Law

   Whereas Pets in Texas are only valued as having Material Value, i.e. as a piece of furniture; we need to change the law to reflect that pets in Texas now have  “Intrinsic Value”,   The actual value to the owners of their pets.

   In Cause No. 89-33660-1 Jack M. Wolfson vs. Shirle Maines, Judge R. Brent Keis on September 13, 1991 “Therefore, the Court awards $750 as damages for loss of    “INTRINSIC VALUE”    for “Ebony”, Wolfson’s afghan hound that dissapeared  from Maine’s care.

On October 23, 1991, Judge R. Brent Keis stated the following:

Gentlemen:

“After review of the applicable authorities, the Court has determined that fair market value and intrinsic value are alternative measure of damages. Therefore, the Court reforms its prior decision and would award to Plaintiff $750 for intrinsic value. The Court awards 1,600 in attorney’s fees to plaintiff in the case”.

On the 27th day of November 1991, Judge R. Brent Keis stated:

CONCLUSIONS OF LAW

  1. There was a mutual benefit bailment for hire between Plaintiff and defendant for the safekeeping and boarding of Ebony.
  2. The failure of the Defendant to return Ebony to Plaintiff upon demand creates a presumption of negligence on the part of Defendant.
  3. Defendant was negligent, and such negligence was the proximate cause of the injury or damage to Plaintiff.
  4. Defendant breached the mutual benefit bailment agreement between Plaintiff and Defendant.
  5. Plaintiff’s damage was the loss of Ebony and Ebony’s intrinsic value.
  6. Plaintiff is entitled to judgment against Defendant for the sum of $750.00 as the intrinsic value of the dog.
  7. Plaintiff  is entitled to recover reasonable and necessary attorney’s fees of $1,600.00 from Defendant for trial of this matter.  

On October 27, 1992 the Second Court of Appeals District of Texas

No. 2-91-261-CV Fort Worth

Opinion by Justice Meyers

“This Court has considered the record on appeal in this case and is of the opinion that there was no error in the judgment of this trial court. It is ordered adjudged and decreed that the judgment of the trail court is affirmed”.

On page no. 2

“The court concluded that appellant was negligent and awarded appellee:

(1)   Damages for Ebony’s intrinsic value; and (2) reasonable and necessary attorney’s fees”.

Lawrence E. Meyers

Justice

* * * * * * * * * * * * * * * * * * * * * * * * * * * * *

Pet owners have love for their pets. You can not replace a pet just as a piece of furniture. The furniture can not love you back. But your pet surely can.

             Jack Wolfson     
 


 

Land of The Brave and The Free. . .
where

Freedom of Speech
in truth can Prevail.



Ogidoda galvladi hehi   ~   Galvquodiyu gesesdi detsadovi


 
Join the Blue Ribbon Online Free Speech Campaign 


Stop Animal Cruelty
in all forms.
They cannot fight for themselves
   against such odds !
 
 





  •     
     Join the Blue Ribbon Online Free Speech Campaign
    Join the Blue Ribbon Online
    Free Speech Campaign


    "Congress shall make no law respecting an establishment of religion, or prohibiting the free exercise thereof; or abridging the freedom of speech, or of the press; or the right of the people peaceably to assemble, and to petition the Government for a redress of grievances."

    The First Amendment  of  the
    United States  Constitution




    "Equal justice under law is not just a caption on the facade of the Supreme Court building. 
     It is perhaps the most inspiring ideal in our society . . . It is fundamental that justice should be the same, in substance and availability, without regard to economic status."

     United States Supreme Court Justice  

    Lewis Powell, Jr.

     
        "Short of a gun to the head, a
      greater threat to First Amendment expression can scarcely be imagined."

    Judge J. Nicholas Colabella 1992
    on Strategic Lawsuits Against
    Public Participations (SLAPPs)


     
    "The greatness of a nation
    and its moral progress
    can be judged by the way
    its animals are treated. "
     
    Mahatma  Gandhi
     

     
    Bo Bo  Bear
    Assistance Animal

    Thank You For Visiting
    Bo Bo Bear's
    Website


    Visit other Vet Victims:

     




          Other Links

       

       


         " Intrinsic Value "  

                for Animals
        the  best answer to their safty
      at their Vet's !
       


       
      All truth passes through three stages:
       
      First it is ridiculed
      Second  it is violently Opposed
      Third  it is accepted as being self evident.
      Arthur Schopenhauer
      1778-1860.
       

       
      Vets file suit
      to silence websites
      "results"
       
       (CLINIC NAME TEMPORARILY REMOVED FOR LEGAL PURPOSES) 
       The Vet's
      (NAME TEMPORARILY REMOVED FOR LEGAL PURPOSES)
       
      This is usually what you see on web sites
      of greiving people who have created them to present the truth.
      As normal proceedure the Vet will file a law suit against the person. . .
       Bingo
      automatic dismissal by The Board, who doesn't want to get envolved in legal matters.
      Great tatic on the part of the Vet's to get out of a disciplinary action of The Board!
       
      Way to go Vet Boards protect that Vet's livelyhood !
      Forget your real purpose of protecting animals and The Public !
      You only have one problem.
       
      The Creator of All, Watches All !
       
      Explain it to him   (  :
       
      ________________________
       
       
       
      Is your pet safe at the Vet?
      before you gamble with
      his life please
      visit
       
      Stefani Olsen's
       
       

       
       Research Findings
       
      Approximately 85% to 90%
      of all veterinary complaints filed with  State Boards are
       DISMISSED
      as no  violation found.
       Many times there is  overwhelming evidence supporting  the negligence allegations, yet the  State Boards dismiss anyway.
      These  Boards, that are charged with  protecting the public, spend much  more time protecting guilty  veterinarians  instead.
       

       
      All truth passes through three stages:
       
      First it is ridiculed
      Second  it is violently Opposed
      Third  it is accepted as being self evident.
      Arthur Schopenhauer
      1778-1860.
       

       

       NOTICE:   This is a PUBLIC SERVICE   website designed to inform you of violations of the Veterinary Practice Act both  proven and alleged, by David Faulkner, DVM ~
      The Texas Veterinary Medical Examiners Board. ~ And The Texas State Bar, Animal Law Division
       

      Copyright © 2006 ~ 2017     by Betty Garrity. For Bo Bo Bear. All rights reserved.
      Legal notice: The bobo-bear.org website, along with Betty Garrity, makes no warranty as to the accuracy, completeness, reliability or fitness for a particular use of the information on this website. This information is ADVISORY ONLY and the user / website visitor assumes all liability and waives any and all claims or causes of action against this website, its hosts, designers, webmaster, and/or Betty Garrity for all uses of, and any reliance on, this information. The bobo-bear.org website, along with Betty Garrity, specifically disclaims any and all liability for any claims or damages that may result from providing the website or the information it contains, including any websites maintained by third parties and linked to and/or from the bobo-bear.org website. Links provided to other websites from the bobo-bear.org website is not an endorsement of the third party website or its content. This paragraph shall accompany all distributions of this information and is incorporated into this information for all purposes.