Crowd pleads with Manatee County Commission to free Padi the dog

MANATEE -- For the past year and a half, Michael Harvey with K9 Coach said he has been training Padi, a male lab mix who has become one of the best dogs in his class.

"He never bit anyone," Harvey said at Tuesday's Manatee County Commission meeting. "That was all for nothing. You have control of this. ... Your county is on a slippery slope. You are going to be deemed the unfriendly dog county."

Harvey was one of more than 40 people who spoke, pleading for the county to free Padi, a dog who bit one-third of a 4-year-old child's ear off in June. More than 100 people asked for Padi to be freed.

Despite pleas taking several hours, all commissioners did was unanimously approve adding a request for state lawmakers to revise the Florida dangerous dog law in its legislative platform.

The Manatee County Attorney's Office advised the commission it would be "unlawful" to revert backward in the Padi case. A hearing officer will decide by the end of the week whether Padi will be put down.

Commissioner Vanessa Baugh said the way the law is being enforced in the Padi case is not OK.

"We all try to abide by the law," Baugh said. "We have attorneys who try to make sure we abide by the law. This is a situation the way it is that I never want to see or be a part of ever again. ... He was just trying to look out for himself. He probably doesn't have a mean bone in his body. We need to make some changes here. We need to make sure we make some changes."

On June 4, Manatee County Animal Services took Padi into custody for a dangerous dog investigation after the incident at Pet Clinic, 714 60th St. Ct. E., Bradenton, when the veterinary clinic owner's dog bit a child's left ear, according to the incident report.

A hearing officer has until the end of July to determine whether the facts of what happened fit the Florida Dangerous Dog Law, which states a dog involved in a dangerous attack causing severe injury should be immediately confiscated by an "animal control authority" and "destroyed in an expeditious and humane manner." The statute defines severe injury as "any physical injury that results in broken bones, multiple bites or disfiguring lacerations requiring sutures or reconstructive surgery."

Many of the people who spoke the county's interpretation of the statute should change. Bradenton attorney Charlie Britt, who has defended similar cases before, said Manatee County is "doing a strict interpretation of the statute."

"You don't need to change the law," he said. "There is case law interpreting that statute that you don't need to rewrite the law. The case law and statute also says you as a county commission dictates what county policy should be."

Paul Gartenberg, who owns Pet Clinic and Padi, said there are two issues with the case.

"The micro issue is Padi," he said.

"The macro issue is I suspect most of these people here and you commissioners have dogs. If the dog bites somebody and requires one stitch, Mr. (Assistant County Attorney Robert) Eschenfelder interprets that as requiring euthanasia. That's it."

The Padi investigation comes more than a year after two dogs, Buck and Bill, were put down for biting a 13-year-old boy three times. The two Australian shepherds were seized by Manatee County Animal Services shortly after the attack Dec. 24, 2012.

Lee County resident Belen Brisco, a certified animal cruelty officer, said counties nationally are watching Manatee County.

"It pains me with what is happening in Manatee County," Brisco said. "Commissioners, you are our policymakers. ... You have the ability to make a change in Padi's life."

Administrator Lori Gurley said the Free Padi Facebook page has gotten almost 12,000 likes in 11 days.

"Every country in the world is watching the case," she said. "You are being watched, Manatee County. Do the right thing."

Baugh said if they could bring the case to the county commission: "I would assure you we would and it wouldn't be happening, but we can't. We don't have the authority over the courts."

Baugh asked the public to work with commissioners instead of against them.

"We are asking you work with us and help us," Baugh said. "Please contact the governor. Contact our legislators. We can't change the courts and the statutes. We don't make them. We can only enforce them by state law. ... I am hoping we can get this changed as quickly as possible."

Commission Chairwoman Betsy Benac said they have to research what is being done elsewhere in the state.

"We must be missing something," she said. "I know I am not alone in that feeling. I think changing the law is a good start. Somehow, we've got to change it."

Claire Aronson, Manatee County reporter, can be reached at 941-745-7024 or at caronson@bradenton.com. Follow her on Twitter @Claire_Aronson.

This story was originally published July 29, 2015 at 12:00 AM with the headline "Crowd pleads with Manatee County Commission to free Padi the dog."