Dawson vs. Fernando came to the Portland office as a Whole of Body case.
Mr. Dawson of Hazel Dell, Washington, owns a Boston terrier named “Skootie” (see Attachment A). Mr. Fernando, also of Hazel Dell, claimed that Skootie was “driving him absolutely mad with her incessant barking” (see Attachment B).
The Portland Office of Constitutional Enforcement received this complain earlier, and we referred Mr. Fernando to several local mediators operating in the Portland-Vancouver area. Mr. Dawson agreed to mediation. Mr. Fernando, however, claimed the mediators he talked to were too expensive to employ (see Attachment B). Mr. Fernando then repeatedly called the Portland Office for assistance.
In the Portland Office, a robust and unnecessary game of rock-paper-scissors ensued, in which I lost. Thus, the next morning I drove to Hazel Dell and waited in the neighborhood for the sun to come up, after a call to County Safety so they would not harass me in my morning barking stakeout.
I observed several interesting things on this fine spring morning (see Attachment C):
- Mr. Fernando lives in a well-kept house in a nice suburban neighborhood, driving a modern Toyota
- His wife, Ms. Lashmir, wore expensive clothing and drove away in a year-old Ford Mustang convertible (top down, hair in a scrunchy)
- Her car had a Starport of Portland parking barcode on it. Doing a quick goog search, Ms. Lashmir is the Second in Command of Accounting at SoP
At 07:15, the front door to Mr. Dawson’s residence opened and Skootie immediately ran out. The door closed, and I observed (see Attachment D):
- Skooite barks at many things. Birds, a jogger, a squirrel, the lamppost, a cat and an evil chew toy which refused to play with her
- Skootie ran, unhindered, to a neighbor’s yard (not Mr. Fernando), and took an enthusiastic morning poop in a flowerbed
- She then, with her back legs, tossed flowers and dirt willy-nilly, doing nothing to cover said poop but looking enormously pleased with herself
- After running around the neighborhood for fifteen minutes, Skootie then sat by the front door of the Dawson residence
- She whined repeatedly, looking forlorn and finally barked for five minutes until the door opened
Simialar activity occurred both in the afternoon and at night.
I repeated the Great Skootie Stakeout of Year 2 for an additional three days. I observed familiar behavior from Skootie on all the days, and did not observe at any time Mr. Dawson or Ms. Lashmir walking the Boston on a leash.
It is my judgment that Mr. Dawson is indeed in violation of the Whole of Body clause. His neglect of Skootie the dog causes inappropriate behavior that is disruptive to the neighborhood. On day three the barking was actually getting on my nerves.
I have seized Skootie to have her put down as menace animal. I handed my autopistol to Mr. Fernando, and told him he was in the right to do so and that was my Judgment. He refused.
Skootie is now orphaned through no fault of her own. For his failure to render Judgment as directed, I seized 10,000 credits from Mr. Fernando to pay for the upkeep of Skootie throughout her Boston life.
This is my Judgment, rendered with one Question. The Question is as follows:
Officer Gina: Oh my God, is that the dog? She is soooo cute! Look at that little face. I could just kiss that little face! What are you going to do with her?
Officer Scott: She’s my dog now. I’ve signed us both up for doggie training.
G: Give me the dog.
S: What? No. This is my dog.
G: You live in a high-rise apartment.
S: There is a very nice park by my building.
G: I live on five acres.
S: Gina, she’s not a big dog. Are you, Skootie? Who’s the little dog? Who is?
G: Scott, you are not a dog person.
S: I am too! Well, I could become one.
G: I Question your ability to properly give Skootie the squirrel chasing she deserves. Look at her. She is sad.
S: She’s a Boston! She looks sad even when she is happy! And are you Questioning my Judgment in this case?
G: Yes, I am.
S: Well, I will call a jury.
G: You wouldn’t dare.
S: Look, I have my PDA, I’m calling it right now.
G: I’ll give you visiting privileges.
S: Not good… um, like what?
G: Occasional weekends, no less than 1, no more than 3, a month. I will also let you walk Skootie when I have her here in the Office.
S: I want it in writing. And I want dinner when I come over. I also want the Judgment monetary seizure to go into a separate account, not your personal account.
S: How about the occasional breakfast?
G: Do I need to put that in the agreement too?
S: Only if you say yes.
Office of Constitution Enforcement
May 17, 2
(from Landmark OCE Judgments of Mr. Scott, Tokyo University Press, 29)