COLUMBUS – Ohio is one of the few states where cockfighting is not a felony crime, but state lawmakers might change that this year.
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“We’re saying something to the entire nation that Ohio will not stand for this,” said Rep. Heather Bishoff (D-Blacklick) a prime sponsor of a bill making the activity a felony, before the House approved it. She said it also will help deal with other criminal activity that follows cockfighting, such as drug trafficking.
Veterinarians and groups including the Ohio Farm Bureau and the Ohio Poultry Association support the bill.
The offenses of engaging in cockfighting or other instances of pitting one animal against another would remain a fourth-degree misdemeanor, punishable by a maximum $250 and 30 days in jail. The penalty would be raised to an unclassified felony with a $10,000 fine if a person is found to be employed in cockfighting, betting on results, paying for admission to an event, possessing devices used to enhance an animal’s fighting ability or allowing a minor to be present at the event.
“Since cockfighters seek out locations with the weakest penalties to set up their criminal operations, Ohio runs the risk of becoming the continued place of refuge for this crime,” said Corey Roscoe, state director for the Humane Society of the United States.
Roscoe said two cockfighting pits in southern Ohio have been known nationally as “major circuit” pits, and cockfighting organizers view Ohio’s “anemic penalties” as a cost of doing business.
In 2014, a raid of a cockfight in Fulton County confiscated 72 roosters and led to charges against 52 people, only nine of whom were from Ohio. Most were fined $250.
Rep. Barbara Sears (R-Sylvania) the other prime bill sponsor, said reports of cockfighting also have recently cropped up in the Youngstown area.
The nature of putting two animals against each other and outfitting them with knives or other devices is disturbing, but investigating cockfighting can be labor-intensive and costly, Mike Weinman, lobbyist for the Fraternal Order of Police of Ohio, told legislators.
“Current law-enforcement budgets are stretched to the point that dedicating investigative resources to pursue a low-level misdemeanor is fiscally difficult,” Weinman said in support of making the crime a felony.
But the Ohio Prosecuting Attorneys Association argued that while some penalty increase is probably justified, the offense should remain a misdemeanor.
“We can’t make every offense a felony,” John Murphy, the association’s executive director, wrote to legislators. “Prosecution of a felony is more complex and expensive than prosecuting a misdemeanor. So the process is more drawn out and more expensive, but we get little or nothing in return.”
As an unclassified felony, the offense would include no jail time. If higher fines are the goal, Murphy said, the bill should make the crime a first-degree misdemeanor with a $10,000 fine.
Rep. Nino Vitale (R-Urbana) said a felony will linger with a young adult who makes a bad decision, hindering future pursuit of employment and the ability to own a gun.
“While I’m totally against this horrible use of animal cruelty, I’m also for acknowledging that people can make mistakes and should not be punished for life,” he said, arguing that the offense should be a first-degree misdemeanor.
The bill passed 85-7 and now goes to the Senate.
Meanwhile, the House also voted unanimously Wednesday in favor of a business-backed bill that would double the current $3,000 cap on awards in Ohio small-claims court. The cap has not changed in nearly 20 years.
With a cap so low, advocates have argued that it’s not worth it for businesses to hire lawyers to collect certain amounts owed. Businesses hope that a higher cap will allow them to better use the small-claims venue, which offers lower attorney and filing fees while allowing for quicker decisions.