(UPDATE) show dog neutered. Sperm held hostage

[josieposy]

UPDATE: Today the paper updated that they reached a confidential settlement.



www.startribune.com/champion-show-dog-s-neutering-frozen-sperm-at-stake-in-legal-fight/328590761/

Champion show dog's neutering, frozen sperm at stake in legal fight
By Chao Xiong Star Tribune SEPTEMBER 22, 2015 — 5:52AM
TEXT SIZE

With nearly six figures pumped into his care and training, Beau Lemon, a bichon frisé from Minnesota, rose through the dog show ranks to become the second best of his breed in the nation.

Beau, born Victoire Gerie’s No Lemon Gemstone, won best of show twice, among several other accolades. When he retired from the show ring in 2012 at age 3, he was expected to breed with females until he turned 10 in hopes he’d pass along his legacy.

But that was cut short, owners Mary and John Wangsness alleged in a lawsuit filed in Ramsey County, when Beau’s breeder had the then-4-year-old dog neutered in July 2013 without their knowledge.

“After hearing about the neutering, and I’m not overstating things at all, Mary literally cried and stayed in bed for three weeks,” said John Wangsness, whose wife never fully regained her enjoyment of life before she died this past March. “She never bounced back.”

The nasty legal dispute between Mary and John Wangsness and Beau’s breeder, Vickie Halstead, has played out in court for about a year. The Wangsnesses alleged in the suit that Halstead acted in “vengeance” by neutering Beau because they had tried to breed him twice to a female dog, Cha Cha, without obtaining Halstead’s approval, which was required in a sales contract. (Mary Wangsness had wanted a puppy from Beau.)

The suit seeks more than $50,000 in damages, but there’s more at stake — about eight vials of what’s believed to be Beau’s frozen semen, estimated to be worth $3,000 each.

The semen is allegedly being held under Halstead’s name at an Inver Grove Heights veterinary clinic. She allegedly has profited from two sales, but John Wangsness wants ownership of it. “Damn right, they’re mine,”he said.

Halstead’s attorney, Joseph Crosby, said at a recent hearing that there was “no factual basis” for the suit’s allegations. In his answer and counterclaim to the suit, Crosby wrote: “Defendant was required to rescue Beau from the Plaintiffs in order to bring him back to health.”

Crosby alleged that the Wangsnesses’ neglect of Beau caused dental disease, a low sperm count, impacted anal glands, and a matted and unhealthy coat.

Crosby didn’t specify how neutering Beau would address those issues, but said in his filing that it was “necessary” and that Beau would not have been bred because of his “deteriorated health condition.”

An affidavit of Halstead claimed that a sales contract with Mary Wangsness did not place any restrictions on Halstead’s decision to neuter Beau.

Regarding the frozen semen, Crosby said at the hearing, it belongs to Beau’s brother, Beau Jangles, and that the confusion is due to the similar names.

Halstead declined to comment on the case. Crosby wrote in his answer that she did not act out of vengeance.

Top dog

Halstead’s website lists Beau’s accomplishments: gold-level grand champion, winner of two all-breed best of shows, one of the top five bichons in the country in 2011 and 2012.

In the competitive world of dog showing, ownership of a dog — as well as decisions about its care and profits — are often contractually shared between the breeder and the owner. On top of that, the dog may live with a trainer and rarely see its owners while competing.

Beau lived with his trainer, Bill McFadden, in California, and returned to the Wangsnesses’ Twin Cities home upon his retirement.

John Wangsness said his wife had spotted Halstead’s bichons in a show at the St. Paul RiverCentre and had been impressed with the fluffy white dogs that, according to American Kennel Club standards, should stand under 12 inches tall.

Soon after, they bought Beau.

Court documents show that Mary Wangsness signed a sales contract with Halstead in 2009 to purchase Beau for $3,000. Beau, who turns 7 next month, was a little over 2 months old at the time.

Seeking vindication

Wangsness said his wife’s sudden interest in showing dogs was a natural extension of the years she spent riding thoroughbred horses competitively in hunter-jumper shows.

The couple, both doctors, also became friendly with Halstead.

“We considered it to be a friendship,” John Wangsness said. “We did things socially.”

That’s why, he said, they didn’t suspect anything was afoot when Halstead said in late June 2013 that she needed to obtain Beau to breed him.

“I don’t think, in their wildest dreams, they would have imagined this happening,” said the Wangsnesses’ attorney, Larry Leventhal.

Under Halstead’s guidance, the Wangsnesses invested about $94,000 to further Beau’s show career, Leventhal said. Although they treated Beau as a pet, they also expected to have the option of breeding him several times a year at a rate of $2,000 to $3,000 per breeding until he turned 10.

But making money off the dog isn’t the main issue, said John Wangsness. He said he wants justice for his wife, who never recovered from the pain of the situation. She had also suffered from a form of Parkinson’s disease.

“I would like some vindication for the emotional distress that happened to Mary as a result of [Beau’s neutering],” John Wangsness said.

Attorneys are scheduled to meet Tuesday to discuss a settlement agreement.

[ttt]

I'll just say that I do not get the appeal of dog beauty pageants, nor the people who spend hundreds of thousands of dollars on them.

[eclaires]

This is bizarre.

But bichons are awesome.

[eclaires]

Doesn't elle have fancy show dogs? She posts on ML but I'd be interested in her take on this.

[redheadbaker]

Sept 22, 2015 7:27:39 GMT -5 josieposy said:

“After hearing about the neutering, and I’m not overstating things at all, Mary literally cried and stayed in bed for three weeks,” said John Wangsness, whose wife never fully regained her enjoyment of life before she died this past March. “She never bounced back.”

[ttt]

Sept 22, 2015 7:27:39 GMT -5 josieposy said:

“After hearing about the neutering, and I’m not overstating things at all, Mary literally cried and stayed in bed for three weeks,” said John Wangsness, whose wife never fully regained her enjoyment of life before she died this past March. “She never bounced back.”

This seems.....excessive. 

[WanderingWinoZ]

Sept 22, 2015 8:12:43 GMT -5 ttt said:

Sept 22, 2015 7:27:39 GMT -5 josieposy said:

“After hearing about the neutering, and I’m not overstating things at all, Mary literally cried and stayed in bed for three weeks,” said John Wangsness, whose wife never fully regained her enjoyment of life before she died this past March. “She never bounced back.”

This seems.....excessive. 

yea, I don't get the "dog world" people either & I think you may suffer from some more severe & deeper issues if you are this invested in your dog's fertility.

It's not like the dog died.  Were you realy that excited about grand puppies?? lol...

[2curlydogs]

I'm a bitch and thinking that this couple wanted to use the profits from breeding this dog to help support the wife's medical issues.

[elleblue]

Usually, in situations like these, the breeder and owner(s) are co-owners of the dog. It makes me wonder what their co-ownership contract states in regards to breeding of the dog and who gets to make these decisions and profits from breeding said dog. Normally it's something both parties have to agree to, breeders tend to be pretty selective because you don't want too much inbreeding within the gene pool, so I can see how renting out Beau's services several times a year would not be ok with the breeder. 

Eta: something tells me Beau's owners did not realize how little control they actually have of Beau's breeding services. 

[katietornado]

Sept 22, 2015 8:42:45 GMT -5 2curlydogs said:

I'm a bitch and thinking that this couple wanted to use the profits from breeding this dog to help support the wife's medical issues.

My dog came from a greyhound farm where this is exactly the case :/

[elleblue]

Sept 22, 2015 17:55:14 GMT -5 mryrcn said:

I want to see the contract. My sister in law breeds briards. She's had people on a waiting list for years to get one of the puppies that her dog produces.

Yeah. Good, reputable breeders don't produce litters very often and maintain some control over who those puppies later breed with themselves and that happens only if they're turned into show dogs versus pets (required spaying/neutering).  Preservation of the breed and continued healthy genetics are imperative to reputable breeders. Which is why I am side-eyeing these people thinking they could breed Beau Willy nilly. That's not how it works. Or at least not when you get a show quality dog. Backyard breeders are obviously another story entirely. 

[EloiseWeenie]

Sept 22, 2015 8:12:43 GMT -5 ttt said:

Sept 22, 2015 7:27:39 GMT -5 josieposy said:

“After hearing about the neutering, and I’m not overstating things at all, Mary literally cried and stayed in bed for three weeks,” said John Wangsness, whose wife never fully regained her enjoyment of life before she died this past March. “She never bounced back.”

This seems.....excessive. 

I know someone who shows one of her dogs, and her and dog friends are nuts. I'll never forget the sentimental post she shared on FB when her dog first lifted his leg to pee. And there were like 45 comments from other crazy dog people. It's baffling. People were commenting about a dog lifting his leg to pee. I don't get it.

[ringstrue]

Sounds like that breeder took that dog in as a charity case and got it titles only to have his owners want to create lots n lots of puppies with him.

I haven't heard of breeders saving sperm and then neutering BUT it makes sense if there were health concerns. Also breeding animals naturally vs. artificial insemination can be long, difficult, and cause injuries, as well as be impractical if both parties are far away. I know in horses you basically just sell the sperm and the two animals don't usually meet up. I can see dog breeders doing the same in certain circumstances.

[elleblue]

Sept 22, 2015 18:36:34 GMT -5 ringstrue said:

Sounds like that breeder took that dog in as a charity case and got it titles only to have his owners want to create lots n lots of puppies with him.

I don't see where you got this impression? Did you read another article that gave this info?

The breeder is Vickie Halstead, and Beau Lemon was shown under the name Victoire Gerie's No Lemon Gemstone. The original breeder is the one who had him neutered. 

[Deleted]

Sept 22, 2015 7:50:38 GMT -5 eclaires said:

Doesn't elle have fancy show dogs? She posts on ML but I'd be interested in her take on this.

Breeder is in the right, no question.

As a general rule, the breeder almost always retains the right to make decisions about showing, neutering (or speying), and breeding, the dog. Even if the contract is silent on that industry practice is that it's the breeder's decision unless otherwise specified. The *only* exception is if the owners reasonably believe the breeder is overbreeding the dog - then they have the right to to intervene and have the dog altered. And vice versa- even in rare cases where the owner contracts for the right to control breeding (in which case the dog is sold at a higher price to become part of a new kennel and breeding program) the breeders still almost always retain the right to intervene if the dog is being maltreated, overbred, or bred to a dog who shouldn't reproduce. So regardless, the breeder is in the right here. By custom, probably by contract, and definitely by ethics- not breeding a dog is a money LOSER, so if one party doesn't want the dog bred, 90% of the time they are the ones with the more altruistic motives.

My supposition is that the owners were trying to make money breeding the dog to a bitch who wasn't finished (or at least pointed), or that genetic testing showed that either the dog or the bitch had health problems. After the owners tried it a second time, the breeder had no other option unless she wanted to be complicit in backyard breeding (which most breeders abhor as much as PETA does). I think most breeders would do the same, and all the owners are accomplishing is getting themselves blackballed by any reputable kennel.

Oh, and that woman who is having a hysterical fit is a jackass. And exactly why dog show people are viewed as crazies.

[eclaires]

Sept 22, 2015 23:52:54 GMT -5 elle said:

Sept 22, 2015 7:50:38 GMT -5 eclaires said:

Doesn't elle have fancy show dogs? She posts on ML but I'd be interested in her take on this.

Breeder is in the right, no question.

As a general rule, the breeder almost always retains the right to make decisions about showing, neutering (or speying), and breeding, the dog. Even if the contract is silent on that industry practice is that it's the breeder's decision unless otherwise specified. The *only* exception is if the owners reasonably believe the breeder is overbreeding the dog - then they have the right to to intervene and have the dog altered. And vice versa- even in rare cases where the owner contracts for the right to control breeding (in which case the dog is sold at a higher price to become part of a new kennel and breeding program) the breeders still almost always retain the right to intervene if the dog is being maltreated, overbred, or bred to a dog who shouldn't reproduce. So regardless, the breeder is in the right here. By custom, probably by contract, and definitely by ethics- not breeding a dog is a money LOSER, so if one party doesn't want the dog bred, 90% of the time they are the ones with the more altruistic motives.

My supposition is that the owners were trying to make money breeding the dog to a bitch who wasn't finished (or at least pointed), or that genetic testing showed that either the dog or the bitch had health problems. After the owners tried it a second time, the breeder had no other option unless she wanted to be complicit in backyard breeding (which most breeders abhor as much as PETA does). I think most breeders would do the same, and all the owners are accomplishing is getting themselves blackballed by any reputable kennel.

Oh, and that woman who is having a hysterical fit is a jackass. And exactly why dog show people are viewed as crazies.

This is what I figured was the case with breeders and their contracts. We have a bichon as a pet from a bichon breeder who had show quality dogs that were from a long line of show dogs, but we agreed to have our bichon spayed and never intended to show her so I didn't know much about the ins and outs of it.

Thanks for taking the time to respond!

[Alyssa]

"...owners Mary and John Wangsness alleged in a lawsuit filed in Ramsey County, when Beau’s breeder had the then-4-year-old dog neutered in July 2013 without their knowledge."


Sorry, I know absolutely nothing about showing dogs  but is it common to have one party in that owner/breeder relationship to spay or neuter a dog without the other party's knowledge?  You would think there would be some sort of communication about the other party's intent, right?

[mbcdefg]

Sept 22, 2015 7:27:39 GMT -5 josieposy said:

“After hearing about the neutering, and I’m not overstating things at all, Mary literally cried and stayed in bed for three weeks,” said John Wangsness, whose wife never fully regained her enjoyment of life before she died this past March. “She never bounced back.”