The two men have been friends for years and Mr. Rosenthal is described by Mr. Page as having a “creative legal mind” with a deep understanding of the law and how to apply it. Mr Page points out that endangered species and farm animals often receive the most legal attention and, to some extent, the sympathy of the public.
However, Mr Page points out that he and Mr Rosenthal occupy an unpopular place in animal law: “Who do you think a pit bull wants to represent that has bitten someone?” Mr. Rosenthal has a knack for allowing judges – many of whom like to dismiss dog lawsuits as frivolous – to consider the details of the case with what Mr Page calls “enthralling conversations” that can last for hours.
While some animal rights activists view Mr. Rosenthal as an ally, he is aware that he has made enemies along the way. He says local government officials, law enforcement officers and opposing lawyers hate him. But it’s part of the job, says Mr. Page. “We are hated,” he said. “We are Darth Vader.”
Both Mr. Rosenthal and Mr. Page expressed mistrust of law enforcement. “Suddenly it got to a point where when a cop shoots a dog, their first description of the dog, regardless of what the dog is, is that it was a pit bull,” said Mr. Rosenthal. (The United States Department of Justice) estimates that police officers kill 10,000 pets each year.) Historically, animal controllers, once called “dog catchers,” have generally held low-paid, low-ranking positions. Mr. Rosenthal may be willing to make a comparison with Darth Vader, but he has an even lower regard for the modern dog catcher. “Let’s get serious,” he said. “No one becomes an animal protection officer for the glory or the money or the large amount of respect.”
But the work has evolved and now animal inspectors, often considered part of law enforcement, have significant influence over what happens when a dog bite is reported. They are often the primary defense witnesses when a murder warrant is issued for a dog. “We want animal controllers to actually be trained in dog behavior so that they understand why and when dogs fight,” Mr Page said.
“There are documented cases where it is the smaller dog that initiates the attack,” said Mr. Rosenthal. “You can’t expect a dog to have a proportional response.” He describes an incident in which a greyhound killed a lap dog that had jumped from its owner’s arms and ran towards the greyhound, barking. He was able to prove that the smaller dog triggered the interaction, citing: case from Illinois who says the court should look at provocation from the dog’s point of view and use a “reasonable dog standard.” The case was dropped.