So...
I get this email from a friend who is inquiring about a dog. It seems that her roommate abuses this dog on a regular basis, kicking and hitting it for minor or non-existant infractions. (A kick is apparently earned for 'being under foot.') She wants to know what to do.
Clearly, there is not enough evidence of animal cruelty to bring it to the attention of Animal Control. (Meaning no emergency vet visits, obvious trauma or neglect, etc. I volunteer with a shelter and know how hard it is for Animal Control to do anything even when evidence exists )
My favorite option was to whack the roommate every time the roommate hit the dog. Too bad that's illegal, even in Texas.
What would you suggest?

well, it's my understanding that animal control still investigates abuse claims, right? Perhaps that would scare the roommate straight. Most likely though, she needs to be informed by her friend that it is WRONG to do what she's doing to the dog...and that she will not allow it.

Usually, though, this sort of stuff only makes the person doing the abuse stop when there are people around and then give the dog double when alone.

I don't know what the taping laws are in Texas, but you could install a video camera (ostensibly for "security"). People, even when they know there's a camera, will forget about it. Then she'll have proof.

If all else fails, the dog could always "escape" one day...

Why is the roommate afraid to remove the dog from this environment? I suspect that she would not stay long where she, and not the dog, was in a similar situation.

Well, you have to be careful...in most states, a dog is considered property which means that if you take it, it's considered theft. If she wants to remove the dog, she needs to make sure she doesn't wind up in jail. Hence the video footage.

It's interesting that since a dog is considered property, often times the punishment for "stealing" someone else' dog is more severe than for the owner who is beating it, or even kills it.

I would take the chance. If she can prove I took the dog, I can prove she beat it. On the other hand, if she visibly removes the dog, then offense is the best defense - get to the authorities first. But if she can't figure out what to do by now, I doubt that she will do anything, and that's a shame. Kinda makes her an accessory...

That's a tough one but not impossible. It's hard to tell just what type of relationship these two "roommates" have from your post and my answer might change upon hearing it defined, i.e. long-time friends, just met last month and co-habitate, boyfriend and girlfriend, etc.

Having said that, she may try appealing to her/him using empathy:

"I can't help but wonder if you are under a lot of stress. Is there anything I can do to help you? From my perspective it seems you are taking whatever frustrations you have out on the dog. How would you feel if someone were intimidating, kicking or striking someone in your family? You'd probably wish for it to stop, wouldn't you? If your life currently is making it difficult for you to see what you're doing is wrong, please re-home him/her."

If empathy isn't possible (it is very possible the dog kicker literally CANNOT empathize) making this tactic useless, then she probably has little choice but to explain that it is impossible for her to idly sit by while the dog gets hit/kicked/intimidated and demand that it stops. Again, without knowing the type of relationship, it's hard to know what the most effective tactic would be.

That being said, I hope she does something.

I agree with Jan - the roommate who sees these atrocities IS an accessory. Can't BELIEVE she has done nothing about this. Nothing??? Not even tried to contact the SPCA??? I'm not talking about the city's Animal Control, who never seem to be able or willing to do anything about anything. Here's a url to give her for the SPCA in Texas, she can remain anonymous if she doesn't have the courage to confront her roommate: http://www.spca.org/site/Survey?ACTION_REQUIRED=URI_ACTION_USER_REQUESTS&SURVEY_ID=1460

They will investigate - she can even call them instead of going online. Even if it takes several calls to SPCA to come out and investigate several times, tell her to do it. But for her to stand by and do nothing is a crime. Sorry I'm being harsh, but I'm actually being kind compared to what I want to say.

Get that dog out of there, whatever it takes!!!

Most states consider a journal/diary/log as evidence as long as there are regular entries.

Start today and make a note of what the dog did, what was done to it, and when it happened. Depending on the roomie's personality asking them to read the journal may give them reason to reconsider their treatment of the dog. Showing the journal to the local animal shelter/breed rescue may cause them to agree to accept the dog. Tell the roomie you found this on the street and when you looked at it you were shocked, ask their opinion.

Does anyone else know about this behavior? Next time you two are out with friends ask them to tell about this man they saw in the park who was kicking, smacking, berating his dog and how mean he looked and how sorry they felt for the dog. Perhaps your roomie won't want to be like the man in the story.

OTOH confronting the roomie may well lead to one of you moving out.

One thing I haven't seen mentioned is that cruelty often only STARTS with animals. If this person gets so angry when the dog is "underfoot" that he/she kicks it, what will this person do if they have children and the child gets "underfoot"? Don't for one minute think this person will treat their child any differently than they have been treating their dog.

Sounds like the roommate has anger issues. I agree 100% with removing the dog, but that will not solve the problem as this person will eventually get another dog or worse, procreate.

Is there any talking to this person? People like this need counselling, though they rarely admit it. Most don't get help until they are jailed and forced to take anger management as part of re-integration.

Sorry I can't help more. I feel for the poor dog. Hopefully a foster home or another adoptive home can be found.

Thanks for all of the suggestions. I emailed my friend a link to this site so she can see her options.
She and her roomie do not get along at all. Apparently her roomie has poor judgement and poorer manners so my friend is jumping ship. If there is any talking to the person, my friend is probably not the one who will be doing it.
I will keep y'all updated. I, too, hope there is a way to end the abuse.