During a sidewalk hit-run on the Upper East Side during Memorial Day weekend, a small dog was killed by an e-bike. However, the dog’s distraught owner claims she is unable to obtain justice for the dog due to a legal gap in the state.
Sarah Grant, a local, was out with a dog walker when she was hit on the sidewalk by an e-bike rider on East 96th Street near Third Avenue in Manhattan shortly before 6 p.m. that Sunday. Grant had rescued Fennel, an 18-month-old shih tzu-poodle mix, in December, according to her owner.
Grant recalled the time her dog walker hurried Fennel back to her apartment complex nearby, saying, “She was not very responsive.” She was hardly moving when her eyes rolled back into her head. It was simply devastating.
After suffering a severe skull fracture and traumatic brain injury, Fennel was put to death a few hours later.
According to Grant, when she tried to submit the incident to the NYPD as a crime, she was informed that she couldn’t since dogs are solely regarded as property under the law and the occurrence wasn’t a criminal problem.
“I pushed back. If dogs are property, then this is a property crime,” Grant stated. “And they [still] said, ‘No, you cannot submit a report.’”
She claimed that she was informed that the only person who could report the incident was her dog walker, who was also hurt.
According to an NYPD representative, Grant is still able to report the e-bike driver who fled the site of the collision as well as the police accident.
“This is a wake-up call for me,” Grant stated. “I’ve always had pets, and it’s an oversight that there is no legal recourse.
“Setting a car on fire is considered to be a worse felony than setting a dog on fire.”
Assemblywoman Linda Rosenthal (D-Manhattan) has previously submitted a state bill addressing the legal issue in January. The measure aims to change these animals’ “property” status to “sentient beings” and prove that they are capable of becoming victims of criminal activity. Since its introduction, the bill has stayed in committee.
Merriam-Webster defines a “sentient being” as “one who perceives or responds to sensations of whatever kind—sight, hearing, touch, taste, or smell.”
Together with other local agencies, the Mayor’s Office of Animal Welfare stated that it is investigating the situation.
“We are heartbroken to hear about Fennel and are in touch with her family,” a rep for the office stated.
Grant is advocating for increased enforcement to ensure pedestrian safety on Gotham’s sidewalks, where it is unlawful for anybody over the age of 12 to ride a bike, in addition to supporting Rosenthal’s plan to categorize animals as “sentient beings” under the law.
“Whether that’s for humans or pets, it needs to be a bigger priority,” Grant stated of the issue. “An e-bike at that speed is deadly. I think people need to have a license and prove they have an understanding of traffic law in order to drive them.”
“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,” a rep for the NYPD stated.
Fennel’s death is “incredibly sad” and “infuriating,” but not surprising, according to Janet Schroeder, director and co-founder of the NYC E-Vehicle Safety Alliance, which has advocated for e-bike registration and licensing, who spoke to The Post.
“The fact that the e-biker fled is also expected,” she stated. “The rider flees the crash scene the majority of the time and therefore the rider can’t be held accountable because they can’t be identified.”
Read Also: Upper West Side dog attack leaves little dog severely injured, owner demands justice
The proposed Priscilla’s Law, a “common-sense solution” that requires license plates on e-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 behavior,” is another reason why city legislators must pass it, according to Schroeder, given Fennel’s tragic death.
According to the alliance, only four riders survived the 104 e-bike-related collisions that Schroeder’s team documented, and the NYPD only documented six of those incidents.
“This is a public-health crisis, and there is blood on the hands of any legislator who continues to do nothing but talk,” Schroeder continued.
Fennel’s untimely death occurred only a few weeks after two pitbulls on the Upper West Side mauled a chihuahua puppy named Penny, causing public indignation over the way the state and city handle crimes involving animals.
Police rarely intervene unless a human is injured or a human owner commits crimes against canines because dogs are considered property under state law. According to animal advocates, Penny has not yet received justice.
