Attempt to Repeal Basil's Law

This was a blog post I was hoping I wouldn’t have to make. The story starts with losing my Basil three years ago. When I first joined my Corgi—I was one of the first 500 members—I blogged about losing Basil. Basil was my first Corgi and my best friend. On the day before Thanksgiving three years ago I took my two Corgis, Basil and Lizzie, our elderly black lab Golden retriever, Tess and our Leonberger, Rudy for a walk. It was a beautiful day. We live in the country and we walk off leash on a seldom used gravel road near our home. We were on our way back home Basil would run up to check in for a little pat and then scamper up and down the road ditch sniffing for rabbits and anything else that needed a quick chase. It didn’t take long to notice that Basil was absent. I called for him and called as I continued to walk home. I back tracked and found him. Dead in a trap set by a local trapper. I can’t even begin to describe how devastated I was. I still can’t talk about it without crying. I assumed it was illegal to trap in the road ditch, but I was wrong. I couldn’t believe it. The trapper was charged with baiting a trap and using a trap too large. He paid his fine and wrote a pathetic apology note—directed by the game warden. I started to think about how inappropriate it was to legally set traps in the ditch. The game warden agreed. Other hunters are prohibited from hunting in the right-of-way. As a landowner I can’t use the ditch or right of way that is essentially my property for personal use. I can’t graze my horses or hay the road ditch, but at that time…a trapper could set a trap, kill an animal and make a profit off the hide. Not only is that wrong, but, the right of way is for the public use and convenience. When I walk on the road, we always go down in the ditch to get away from cars. The girls would play in the water in the road ditch catching frogs and snakes. My children used to ride their horses in the ditch rather than on the road thinking it was safer. What could happen if one of the horses had stepped in a trap? It scares me to think about it. Think about county workers who mow and manage utilities in the road ditch. It was a bit of a process, but in the following legislative session I (with help from others)was able to have an amendment attached to a bill that made it illegal to trap in the right of way. They called it Basil’s law. The main state newspaper carried his story. Each year since then, one senator has introduced a repeal of the law. Working with the county officials and other interested lobby groups we have been able to defeat the repeal each year. Each year I have to re-live the terrible story and listen to this senator say over and over again “it was just a dog” and have him treat me as if I was a crazy dog lady. Kinda tough since I am also a lobbyist and I need to maintain my credibility, but the issue is important to me and I will work against him for as long as it takes. Ironically this same senator looks to me for support on other issues and for contributions to his election fund. It is important to note that the law only makes it illegal to trap in right of way it doesn’t seek to get rid of trapping, just doesn’t allow it where it is not appropriate or safe. Ditch running is a quick/easy way for trappers to kill furbearing animals so a number of trappers want this repealed as well. If you are from Nebraska please contact your senator and let them know that repealing the ban is not right and that LB 5 should not advance. If you are not in Nebraska check your own state trapping laws. Most states don’t allow it, but if yours does it may be time for a change. Thanks for letting me share this.

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Comment by Kristen on January 27, 2009 at 1:45pm
Larry Hudkins did testify and so did his wife. She was the sponsor of my amendment two years ago. I am seriously worried that they will advance the repeal. I am waiting for a call back from the Committee Counsel to see if the bill was discussed and voted on by the committee in exec session. I would appreciate any calls and letters to committee members and other senators. My local Conservation Officer is also not in favor of trapping in the road ditches. Thanks Theresa!
Comment by Theresa on January 27, 2009 at 1:08pm
What about the county commissioner who stepped into a trap? I have been quizzing my G&P and trapper friends and are not for trapping the road ditches. I will email the members of the Natural Resource committee this afternoon and ask my friend to do the same. . . perhaps we can get enough members to see that this is not something that should be done.
Comment by Kristen on January 26, 2009 at 7:35pm
Well the hearing on the repeal of Basil's law was last Thursday. Trapper after Trapper testified as to how unfair it was to ban trapping in the right-of-way because one dog died. It was hard to listen too. I did testify at the hearing an managed to maintain my composure as well. I offered compromise language and hope that the committee will make the right decision. My gut tells me that we may lose the fight this year...I won't give up.
Comment by Wendt Worth Corgi's on January 17, 2009 at 11:52pm
Excellent! Well not good for him or that it happened but will be definitely help your fight. Now imagine if this was a child. How devastating. Good luck.
Comment by Kristen on January 17, 2009 at 9:32pm
The hearing for the repeal of Basil's law is Thursday. It is interesting in Friday's paper (Lincoln Journal Star) there was a story about a county commissioner that stepped ina trap in their road ditch. He had to use a crowbar to get it off. The ironic thing is that it is the husband to the senator that passed Basil's law. He will be testifying at the hearing on Thursday. I hope it makes a difference. We have a battle to keep the ban in place, but I'll do what I can. Thanks to everyone for your support. I know you all will be with me on Thursday!--Kristen
Comment by Lucy's & Emma's Mom on January 13, 2009 at 10:50pm
Reading this breaks my heart. I live in South Dakota and I know I heard about something like this happening in the newpaper in the last year or so to someones dog...(the owners thought it ran away but then the found it in a trap)...I hope they pass the amendment.
Comment by Nicola Porter on January 13, 2009 at 6:08am
I just don't know what to say. You bring up excellent points and I can't believe that the people that want to repeal don't listen. It would seem trapping in ditches is one tiny part of the whole thing and why is it such a big deal to repeal the law. I am truly sorry for your loss, I cannot imagine what it must have been like. Why the heck would you trap in a ditch, it's right of way. GRRRR
Comment by John Wolff on January 13, 2009 at 3:45am
Thank you for sharing your painful story and for your activism. Our dog was caught in a leghold trap when I was boy; my uncle saved it but was badly bitten by the panicked dog.

A couple of suggestions:
Ask this legislator to ask his hunting constituents, in person, if their retrievers, pointers, trackers are "just dogs".
What about requiring the posting of warnings signs near traps?

I grew up hunting. It took me a long time to recognize that we were just killing for sport. Some members of my family still do this, including trapping. Not a lesson I'd choose to teach my kids ("It's just an animal, it's OK to kill it, just for fun, the whole bloody universe was made just for us, it's ours to do with as we please...").

Although I believe there are circumstances wherein hunting for needed food and population management is unobjectionable, once you learn to empathize with the animal, you cross a major line and this teaches you a great deal and you can never kill unnecessarily again. Our kinship with the other animals -- a big lesson from Biology.
Comment by Lauren + Winston on January 13, 2009 at 2:29am
PS if anything bad happens let me know, I'll write that jerk of a senator a nasty letter and make him go crying to his mommy. He'll need his diaper changed :|
Comment by Geri & Sidney on January 13, 2009 at 1:16am
Kristen, I am SO sorry. What a horrible thing to happen to Basil. Amen to what Lauren said! Keep fighting the good fight and I pray you will prevail.

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