An electric bicycle was responsible for the death of a little dog that was killed following a hit-and-run accident on the Upper East Side over the Memorial Day weekend. On the other hand, the dog’s heartbroken owner asserts that she is unable to achieve justice for the dog since there is a significant legal gap in the state.
On that particular Sunday, just before six o’clock in the evening, a local resident named Sarah Grant was out walking her dog when she was struck on the sidewalk by an e-bike rider on East 96th Street near Third Avenue in Manhattan. There was a Shih Tzu-Poodle mix named Fennel who was 18 months old when she was rescued by Grant in December, according to her owner.
Grant recalled the moment when her dog walker hustled Fennel back to her apartment complex in the vicinity, stating, “She was not very responsive.” When she finally rolled her eyes back into her head, she had barely moved at all. To put it simply, it was devastating.
A few hours later, Fennel was put to death after suffering a severe skull fracture and traumatic brain injury. He had been in trauma for a long time.
According to Grant, when she attempted to report the incident to the New York Police Department as a criminal offence, she was informed that she was unable to do so since, according to the law, dogs are only considered to be property, therefore the incident in question did not constitute a criminal offence.
“I resisted the urge. If dogs are considered property, then this is a crime against property, according to Grant. Even after that, they continued to say, “No, you are unable to submit a report.”
It was explained to her that the only person who could report the occurrence was her dog walker, who was also injured. She stated that she was notified of this information.
It has been stated by a spokesman of the New York Police Department that Grant is still able to report both the police accident and the driver of the e-bike who fled the scene of the collision.
Grant remarked, “This is a wake-up call for me,” and he meant it. It is a serious oversight that there is no legal action available to me because I have always owned dogs.
The act of putting an automobile on fire is seen to be a more serious criminal offence than the act of setting a dog on fire.
In January, Assemblywoman Linda Rosenthal, who represents Manhattan and is a Democrat, had previously introduced a state measure that addressed the legal issue. It is the purpose of this measure to demonstrate that these animals are capable of becoming victims of criminal behaviour and to shift their status from that of “property” to that of “sentient beings.” The legislation has remained in committee ever since it was first introduced.
Merriam-Webster defines a “sentient being” as “one who perceives or responds to sensations of whatever kind—sight, hearing, touch, taste, or smell.” This definition applies to all living things.
The Mayor’s Office of Animal Welfare has announced that it is conducting an investigation into the present circumstance, in conjunction with other municipal agencies.
According to a representative of the office, “We are heartbroken to hear about Fennel and are in contact with her family on this tragic news.”
In addition to supporting Rosenthal’s plan to classify animals as “sentient beings” under the law, Grant is lobbying for stronger enforcement to protect pedestrian safety on Gotham’s sidewalks, where it is illegal for anybody over the age of 12 to ride a bike. This is in addition to the fact that Grant is supporting Rosenthal’s plan to classify animals as pets.
“Whether that’s for humans or pets, it needs to be a bigger priority,” Grant said in reference to the matter. This is a dangerous speed for an electric bicycle. In my opinion, in order for people to be able to drive, they should be required to get a licence and demonstrate that they are aware of the rules of the road.
According to a representative of the additional York Police Department, “This incident is exactly why Police Commissioner Tisch issued new enforcement and guidance on 14 high-traffic, high-volume e-bike corridors throughout the city to protect all New Yorkers from reckless e-bikes.”
In an interview with The Post, Janet Schroeder, director and co-founder of the New York City E-Vehicle Safety Alliance, which has lobbied for e-bike registration and licensing, stated that the murder of Fennel is “incredibly sad” and “infuriating,” but that it is not surprising.
“The fact that the e-biker fled is also something that came as no surprise,” she said. The majority of the cases, the rider runs away from the scene of the accident; hence, the rider cannot be held liable because they are unable to be identified by observation.
The proposed Priscilla’s Law, which is a “common-sense solution” that mandates the installation of license plates on electric vehicles “so that egregious riding can be identified by enforcement cameras and riders held accountable to following the basic rules of the road which will change egregious riding behaviour,” is another reason why city legislators are required to pass it, according to Schroeder, in light of the tragic death of Fennel.
Only four riders were able to escape the 104 e-bike-related collisions that were documented by Schroeder’s team, while the New York Police Department only documented six of those events. This information comes from the alliance.
Schroeder continued by saying, “This is a public-health crisis, and there is blood on the hands of any legislator who continues to do nothing but talk about it.”
The premature death of Fennel came only a few weeks after two pit dogs on the Upper West Side mauled a chihuahua puppy named Penny. This incident caused public outrage regarding the manner in which the state and city address crimes involving animals.
Due to the fact that dogs are considered property under state law, the police only step in when a human being is hurt or when a human owner commits crimes against a dog for the purpose of protecting it. Those who care for the welfare of animals claim that Penny has not yet been given justice.
