No fair punishment for Kathy BauckThe former owner of Pick of the Litter (aka Dogs on Wheels), Kathy Bauck, was convicted of 4 misdemeanor charges (3 of torture and 1 of animal cruelty) in March. Those following the case were expecting the judge to be tough on the notorious puppy mill owner, especially after all the evidence and the undercover videos. However, last month Judge Waldemar Senyk handed down a sentence that seemed unfair to many.
According to court documents, Bauck will serve 20 days in jail, pay a $500 fine, contribute 80 hours of community service, and spend one year under probation. Regardless of the legal procedures, she will continue being the brains behind the Minnesota puppy mill, which is now conveniently run by her family. Because she'll be on work release, Bauck will spend nights in jail but will be able to oversee kennel operations on weekdays.
The USDA licensed dog broker (surprisingly since 1983) has eluded the full extent of the law on previous occasions. CAPS has exposed the cruelty behind her kennels multiple times, but lax laws have allowed her to continue with the unscrupulous business (for more information about CAPS investigations, click here or click the tab on your right). The latest sentence downplayed the severity of her crimes and failed to put a stop to one of the largest puppy mills in the country. With this kind of leniency, it's evident she won’t change her ways any time soon.
To contact the Honorable Judge Senyk, call or send a letter to:
Honorable Judge Waldemar Senyk
121 West Junius Avenue, Suite 310
Fergus Falls, MN 56537
Phone: (218) 998-8420
Be a voice to the countless dogs who have suffered and will continue to suffer in silence.
Motion to Terminate Bauck's USDA License Granted; Bauck Appeals DecisionDue in part to the efforts of the Companion Animal Protection Society, Kathy Bauck may soon no longer be able to sell to pet shops and other dog breeders and brokers. On August 13, 2009, the USDA/APHIS filed a Motion for Summary Judgment requesting the termination of Bauck’s license. It is rare for the agency to request the revocation of a license, especially through the expedited means of a summary judgment. On September 29, the administrative law judge issued a decision and order in the Bauck case, granting APHIS’ motion for summary judgment. On October 29, Bauck appealed that decision to the judicial officer. APHIS filed a response to her appeal on November 18, and sometime thereafter the judicial officer will issue a decision on the appeal.
Video of the protest at Pet Fashion in New York City
On November 28, 2009 CAPS organized a demonstration outside of Pet Fashion in New York City to protest its sale of dogs from puppy mill breeders like Kathy Bauck. Click here to view the video.
Update on USDA's Case Against Kathy Bauck: USDA Shuts Down Puppy MillDate: 2010-01-11 Publication:TheBostonChannel.com URL:http://www.thebostonchannel.com/news/22205030/detail.html Also see Youtube: http://www.youtube.com/user/WCVBtv#p/u/6/QjbLfOYBbekSummary:
Kathy Bauck's USDA License is TerminatedJudicial Officer Denies Bauck's Appeal
Due to the efforts of the Companion Animal Protection Society, Kathy Bauck will no longer be able to sell to pet shops and other dog breeders and brokers. On August 13, 2009, the USDA/APHIS filed a Motion for Summary Judgment requesting the termination of Bauck’s license. It is rare for the agency to request the revocation of a license, especially through the expedited means of a summary judgment. CAPS believes the use of a summary judgment was due to the pressure APHIS felt from our petition for rulemaking. This petition requests that Animal Welfare regulations be amended to require the automatic revocation of a USDA license upon the conviction in a court of law of a licensee, such as Bauck, for animal cruelty.
On September 29, the administrative law judge issued a Decision and Order in the Bauck case, granting APHIS’ motion for summary judgment. On October 29, Bauck appealed that decision to the judicial officer. APHIS filed a response to her appeal on November 18. The judicial officer’s Decision and Order dated December 2 terminated Bauck’s license. Bauck can file a petition for reconsideration, but based on the strong language in the December 2nd decision, it is almost certain that USDA will deny the petition.
Puppy Mill Breeder's License RevokedPublication/Event date: 2010-01-12
Publication name: WCCO (Minnesota)
URL for more info: http://wcco.com/local/kathy.bauck.license.2.1420783.html
MINNEAPOLIS (WCCO) ― Kathy Bauck was found not guilty of two felony counts of animal abuse last March. However, the jury found her guilty of four lesser misdemeanors...
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It is unfortunate that Bauck was allowed to keep her license during this yearlong process. We tracked her sales during this time through interstate health certificates (most of the stores were in New York and New Jersey). After Bauck’s criminal conviction, Crowell & Moring submitted a petition for rulemaking requesting that AWA regulations be amended to require the automatic revocation of a USDA license upon the conviction in a court of law of a licensee, such as Bauck, for animal cruelty.
Although USDA claims that an automatic termination is a violation of due process, we believe that our petition put pressure on USDA to use the expedited means of a Motion for Summary Judgment to terminate Bauck’s license.
CAPS will continue to keep an eye on Kathy Bauck. Her husband Alan applied for a USDA license using a kennel name. The USDA denied his license, so he has appealed. In addition, Kathy Bauck signed health certificates in May as the agent for a USDA licensed breeder in Minnesota. This breeder was selling to most of Bauck’s pet shop accounts (odd coincidence). CAPS wants to make sure that Bauck doesn’t use other USDA licensed breeders and brokers to sell dogs.
Bauck will still be able to sell dogs on the Internet. The Animal Welfare Act does not cover Internet breeders. However, if proposed legislation in Minnesota requiring state kennel licenses is passed, those convicted of animal cruelty and their business associates will be banned from obtaining a license.
Bauck may have bought a small interest in a pet shop. CAPS received a complaint about a sick puppy purchased at New York Kennel Club, a business that is not registered with the state. The complaint states that Bauck sold the puppy to the pet shop after her USDA license termination on August 16. A CAPS Minnesota Advisory Board member has copies of interstate health certificates signed by Bauck in which New York Kennel Club is both the consignor (Bauck’s Minnsota address) and consignee (pet shop address). We have asked the New York Attorney General’s Office to look into this matter. A breeder who sells to his/her own pet shop does not require a USDA license under the Animal Welfare Act. (AWA) This needs to be changed. If Bauck is not a pet shop owner, then she is selling to pet shops without a USDA license in violation of the AWA.
New York Mills, Minn. (WDAY TV) - The undercover video shows disturbing pictures of sick, injured, and even dead dogs. As the Minnesota legislature prepared to hear a proposal to crack down on puppy mills, an animal-rights group has posted a documentary on line that was shot at a controversial dog breeder's farm near New York Mills, Minnesota.
An Otter Tail County jury convicted Kathy Jo Bauck of misdemeanor animal cruelty. Now this video, which may be unsettling for some to watch, has brought her story to the forefront in a documentary sweeping the nation on the internet.
A man posing as someone wanting a job at the Bauck Farm shot the video with an undercover camera. It shows troubling pictures of dogs that have died or have open wounds.
Pick of the litter in New York Mills Minnesota has been one of the largest USDA licensed dog breeder farms in the country. Long a target of allegations of animal abuse and neglect, Kathy Bauck has been in the business since the early 80's.
We had the Humane Society of Fargo Moorhead watch the undercover documentary which has been posted on animal rights web sites around the country.
But the attorney for Kathy Bauck says, not so fast. Zenas Baer says take a look at the man behind the camera. Baer says allegations of abuse and neglect against Bauck is unfounded.
While Bauck has lost her USDA license, her attorney confirmed to us, she is still selling dogs. The USDA has no jurisdiction over the internet.