"What if the fish were two feet long and in a 100 gallon tank? What if that tank sprang a leak?" Justice Olsen counters. "Just because Tootsie, specifically, is unlikely to cause a problem doesn't mean that fish generally couldn't."

• That's why it's important to allow for judicial discretion - so judges can allow for differences between types of pets.
• Right. We need a rule that's simple to follow and simple to enforce.