COBLESKILL/ESPERANCE- “If this family was forced to rehome their dog, it could set precedent for a slippery slope of other farms.” Lori Davis took to social media and news outlets to advocate for her Empty Pockets Ranch customers, Jonathon & Rebecca Olson.
The Olsons detailed they were summoned to appear at Charleston Town Court in Montgomery County after their neighbor repeatedly contacted law enforcement and dog warden, Rick Rickard, with allegations of nuisance barking and complaints about their dog outside in cold weather.
Their second court date was scheduled for February 12th, but it got thrown out on a technicality on February 4th. Their good news came with a warning from Judge Jacqueline Lamphear according to Rebecca Olson, “The judge did tell me it could be picked back up again, but for now it has been thrown out.”
Of the first appearance, Rebecca said, “My husband was strongly encouraged to plead guilty and pay a $50 fine, with additional fines for any future complaints or a potential 15-day jail sentence for failure to pay. He entered a plea of not guilty. The court informed us that the dog warden, Rick Rickard, would be representing both the Town and the complainant. The judge also stated that she has ruled against livestock guardian dogs in prior cases in this township and expressed surprise that my husband chose to proceed to trial. We were further informed that recordings of our dog and our property had been made without our knowledge or consent and that these recordings would be used as evidence to support a claim of habitual barking without just cause. Our attorney has advised us that, based on the court’s position and prior rulings, the outcome may not be favorable.”
Rebecca Olsen is still seeking guidance regarding their rights and protections for livestock owners using working guardian dogs and shared her and Jonathon's story. Davis (professional breeder/trainer/farmer with extensive experience in raising, training, and managing livestock guardian dogs) has also provided education in hopes to bring awareness, “to the broader issue of working livestock guardian dogs and how they are misunderstood in residential and agricultural overlap areas,” as stated by Olson.
The Olsons run a small-scale homestead of goats in Charleston (with an Esperance mailing address), that is located in an agricultural district and just outside the formally designated Right to Farm boundary with the posted sign just several hundred feet from their home. Great Pyrenees, Almanzo, joined their family to work as their livestock guardian dog (LGD). Olson listed bears and coyotes having been documented on their property, and said Almanzo’s job is to protect the goats from these predators.
Olson depicted, “We have lived at this location without incident until a new neighbor moved in across the road (from NJ) and began filing complaints regarding Almanzo’s intermittent nighttime barking. We have made efforts to reduce the barking when possible; however, as a livestock guardian dog, barking is an instinctive and necessary part of his role.”
In a letter Davis wrote to the judge that was provided at their 1st proceedings, she noted the critical purposes an LGD’s bark serves, “Warning and Deterrence: The bark acts as a first line of defense, warning potential predators such as coyotes, foxes, raccoons, or stray dogs that the property is guarded. In most cases, this vocal warning is sufficient to prevent an encounter, keeping both the livestock and the predator safe. Communication: Livestock guardian dogs communicate both with their owners and other animals through vocalization. A nighttime bark can signal that the dog has perceived movement, an unfamiliar scent, or a potential intrusion. Protective Instinct: LGDs are instinctively attuned to threats. Their heightened senses allow them to detect disturbances well before humans are aware of them. Their reaction—barking—is a demonstration of their vigilance, not aggression or nuisance behavior. It’s important to note that working LGDs are not meant to be silent watchdogs. The use of their voice is an integral component of what makes them effective guardians. Restricting their ability to perform their natural protective role not only undermines their training and purpose but can also compromise the safety of the livestock under their care. In my professional opinion, Jonathan’s dog is behaving as expected for a livestock guardian. Efforts to mitigate excessive barking can sometimes be explored through adjustments in fencing, lighting, or positioning of the animals, but complete silence from a working LGD is unrealistic and counterproductive to the function for which they are bred.”
Davis expressed her professional opinion and importance of education through an hour and a half of being harassed by the neighbor in the case against the Olsons that Davis alleged took place after the 2nd court date was dropped.
David also believes that as this area changes, more and more of these situations could pop up, making it all the more important for those moving to agricultural areas to know that, “Livestock guardian dogs are bred and trained for a very specific function: to live among and protect livestock from potential predators. Unlike typical pet dogs, LGDs are working animals whose primary role is to deter threats through their presence, vocalization, and territorial awareness. Barking—particularly during nighttime hours—is an essential and natural part of their job.”