[ SHOWGSD-L ] Re: Louisville KC court case
- From: "Kathy Tank" <rbuffdogs@xxxxxxxxx>
- To: Stormy435@xxxxxxx, showgsd-l@xxxxxxxxxxxxx
- Date: Thu, 7 Feb 2008 13:51:21 -0800
Hmmm...I wonder how unconstitutionality would apply to the mandatory s/n and
microchipping bills being forced through by the AR idiots. Would this not
apply? Someone telling you you must have a surgical procedure perfomed on
your animal...plus a microchip that has been proven to cause cancer by Sloan
Kettering?
Curious
Kathy
On 06/02/2008, Stormy435@xxxxxxx <Stormy435@xxxxxxx> wrote:
> For the rest of the article, email privately or go to the link
> Storm
>
> http://leoweekly.com/?q=node/6237
>
> Dogged challenge
>
> By Cary Stemle
>
>
> A year ago, foes of the new dangerous dog ordinance filed suit on
> constitutional grounds. The case may be decided soon
>
>
> In late 2005, after dogs had recently killed two people in Louisville, the
> call to action was predictably amplified. The Metro already had a law that
> specifically described what constitutes a dangerous dog ? "any dog, which
> when
> approached, in an aggressive manner commits a severe attack on any person"
> ? but
> in the heat of the moment, some interested parties found existing measures
> inadequate. They wanted a better way of rooting out potential knucklehead
> dog
> owners and preventing such horrific incidents.
>
> There's a funny thing about laws, though. The Constitution tends to frown
> on
> open-ended measures that grant arbitrary power based on unspecified
> guidelines. That is, it is not cool when a person in charge is authorized
> to make
> decisions on a "because I said so" basis.
> To some interested observers, that is precisely where things currently
> stand
> in Louisville, after a long and arduous Metro Council process that
> culminated
> with the passage of a sprawling new dog ordinance in late 2006, with
> subsequent revisions approved late last year.
>
> Several groups, including the Louisville Kennel Club, filed suit in March
> 2007, alleging among many things that the law is too vague and that it
> allows for
> illegal searches and seizures. Little transpired with the suit, which was
> moved from state to federal court, as a council subcommittee worked on
> revisions
> throughout 2007.
>
> After new changes were approved by the full council, the plaintiffs kept
> the
> suit alive and filed a motion for summary judgment last month. That motion
> asks Federal Circuit Judge Charles Simpson to rule in favor of the
> plaintiffs,
> asserting that major parts of the ordinance are unconstitutional and that
> the
> entire ordinance is, therefore, fatally flawed.
> The County Attorney's office was to respond by Monday, but it has been
> granted an extension until Feb. 20.
>
>
>
>
>
>
>
> "You may never know what results come from your action.
> But if you do nothing, there will be no result."
> Mahatma Gandhi
> Stormy Hope
> *~~*~~*~~*~~*~~*~~*~~*~~*~~*~~*
> Dog's love is different, it requires no return
> www.FairhopeGSD.www
>
>
>
>
> **************
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>
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> 48)
>
>
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ALL PERSONS ARE ON NOTICE THAT THE FORWARDING, REPRODUCTION OR USE IN ANY
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