Everybody - this ruling is truly historic, and a huge win for
us! Please take the time to read this post. Thank you to those
fanciers in Kentucky that pursued this.
Mary K.
--- In cfa-list@xxxxxxxxxxxxxxx <mailto:cfa-list%40yahoogroups.com>
<mailto:cfa-list%40yahoogroups.com <mailto:cfa-list%2540yahoogroups.com>>,
Brian Amble <brianamble@...> wrote:
>
>
> U.S. District court in Kentucky has ruled against a
basic tenant of the
> Animal Rights agenda. The historic challenge against
Louisville Law
> _http://www.thedogpl <http://www.thedogpl/> ace.org/PROJECTS
<http://ace.org/PROJECTS> /State/V1- 1-14-NPP-
Louisville- Law.asp_
> (http://www.thedogpl <http://www.thedogpl/> ace.org/PROJECTS
<http://ace.org/PROJECTS> /State/V1- 1-14-NPP-
Louisville- Law.asp)
> wins rights for all pet owners.
>
> Compiled by Barbara Andrews C TheDogPress
_http://www.thedogpr <http://www.thedogpr/> ess.com/_ <http://ess.com/_>
> (http://www.thedogpr <http://www.thedogpr/> ess.com/
<http://ess.com/>) 10|20|09 - Barbara
Haines, Louisville
Kennel
> Club, has been waiting for this decision for almost a
year. The December
> 2007 suit by the LKC was joined by veterinarians and
concerned pet
owners.
> The Federal ruling sets a precedent with far-reaching
implications,
and sets
> the stage for class-action lawsuits nationwide; anywhere
similar
ordinances
> have been enacted and Constitutional rights of pet
owners have been
> violated.
>
> Highlights of the FEDERAL ruling:
>
> * Pets are personal property, under the Constitution.
Due process,
search
> and seizure, i.e. all protections provided by
Constitution apply to
pets.
> The ruling reaffirms you are the OWNER of your pets, not
a "guardian"
as in
> the state having the right to take you pet away as can
be done with your
> child!
>
> * Requirements for housing and care cannot be
legislatively mandated as
> different for intact dogs vs. altered dogs.
>
> * Seizure bond is illegal and unconstitutional because
it constitutes
> unlawful taking of personal property. If, after a search
warrant is
obtained, a
> person is arrested and their dogs are seized, their dogs
must be held
AS IS
> (cannot be sterilized while held, cannot be sold,
transferred to
anyone or
> euthanized) unless the owner is found guilty after
trial. If they arrest
> you for commission of a crime involving your automobile,
they can
impound
> your car but if you are found innocent, it must be
returned to you in
the
> same condition in which it was seized. You are not
charged storage fees.
> The same applies to your dogs. You do NOT pay for their
care,
until/unless
> found guilty of the charges.
>
> This is major relief for pet owners as just the thought
of their dogs
being
> euthanized or sold, and then being assessed thousands of
dollars for
> boarding and/or hysterectomy and castration has held
owners in abject
fear.
>
> The plaintiffs prevailed on virtually every essential
violation of the
> Federal Civil Rights act asserted. As regards a
provision that allows
the city
> to take away dog licenses for state or federal crimes
not even
related to
> animals, U.S. District Judge Charles Simpson stated in
his ruling, "This
> section is more problematic than those discussed above,
because it
appears to
> allow the director (of Metro Animal Services) to impose
a civil
punishment
> for any reason at all, leaving citizens unaware of what
actions
> might constitute grounds for license revocation."
>
> No longer can LMAS (Louisville Metropolitan Animal
Services) inspect
your
> property and decide if you can own an unaltered dog. No
longer can
> Louisville authorities require a seizure bond where
failure to post
it makes you
>
> forfeit your animals without a finding of guilt.
>
> There is a case currently in Kenton County where 10
years ago, a woman's
> beagles were confiscated on a nuisance issue and
recently they came
back and
> asserted cruelty. When she could not post the seizure
bond, they said
the
> animals became their property and they euthanized all of
them
including 10
> year olds. They then dismissed the cruelty charges. This
case is in
Federal
> Court in Northern Kentucky on a challenge to the seizure
bond and a
> violation of her civil rights. This decision by Judge
Simpson holds
that the
> conversion of her animals without a finding of guilt
violates her due
process
> rights.
>
> This type of thing is happening all over the county and
this decision
will
> have a huge impact. While the search and seizure issue
was dismissed
> because the city agreed with us, the Judge went on and
discussed
violations of
> the Fourth Amendment and clearly indicated that the
provision in the
> Ordinance which allegedly permits seizure for any
violation of this
chapter (a
> provision used by LMAS to seize puppies because of an
alleged
violation of the
> Class A Kennel License), requires a warrant for seizure.
>
> Info courtesy of AnimalConcerns. org
_http://www.animalco <http://www.animalco/> ncerns.org/
<http://ncerns.org/> _
> (http://www.animalco <http://www.animalco/> ncerns.org/
<http://ncerns.org/>) , edited by BJ Andrews
>
> How Animal Rights influence local government revealed in
Man Bites Dog
> _http://www.thedogpl <http://www.thedogpl/> ace.org/PROJECTS
<http://ace.org/PROJECTS> /BBR/V1-1-
NPP-05-Man-
Bites-Dog. asp_
> (http://www.thedogpl <http://www.thedogpl/> ace.org/PROJECTS
<http://ace.org/PROJECTS> /BBR/V1-1-
NPP-05-Man-
Bites-Dog. asp)
>
> _http://www.thedogpr <http://www.thedogpr/> ess.com/Columns/
<http://ess.com/Columns/> Editorials/ 09102-ED-
Animal-Rights-
> Terror
> ists-Lose-Appeal_ bj.asp_
> (http://www.thedogpr <http://www.thedogpr/> ess.com/Columns/
<http://ess.com/Columns/> Editorials/ 09102-ED-
Animal-Rights-
> Terrorists- Lose-Appeal_ bj.asp) AR Terrorists Lose
>
> Appeal A landmark Federal Court
> ruling in Kentucky.
>
> AR Terrorism
> _http://www.thedogpl <http://www.thedogpl/> ace.org/PROJECTS
<http://ace.org/PROJECTS> /Federal/
Animal-Enterpris
e-Terrorism_
> KSnider.asp_
>
> (http://www.thedogpl <http://www.thedogpl/> ace.org/PROJECTS
<http://ace.org/PROJECTS> /Federal/
Animal-Enterpris
e-Terrorism_
> KSnider.asp) first-person account of armed break in,
>
> federal suit, FBI, etc.
>
> _http://www.thedogpr <http://www.thedogpr/> ess.com/SideEffe
<http://ess.com/SideEffe> cts/09111- Breeders-
Damaged_McCricka
> rd.as <http://rd.as/>
> p_
> (http://www.thedogpr <http://www.thedogpr/> ess.com/SideEffe
<http://ess.com/SideEffe> cts/09111- Breeders-
Damaged_McCricka
> rd.asp) Breeders Damaged by Animal Rightist Groups Actions
>
> And summing it up, this from the AKC: American Kennel
Club - Tuesday,
> October 06, 2009 - Late Friday, United States District
Court Judge
Charles R.
> Simpson, III, of the Western District of Kentucky issued
his decision
in the
> case of the Louisville Kennel Club, Inc. v.
Louisville/Jefferso n County
> Metro Government. A significant victory
> for the Louisville Kennel Club, the judge's decision
features two key
> rulings that may also prove to be of great importance
for dog owners
> nationwide.
>
> First, Judge Simpson held that there was no rational
basis why owners of
> unaltered dogs should be treated differently than the
owners of
altered dogs.
> This declared the part of the ordinance that required
owners of
unaltered
> dogs to get the Director's written approval for those
dogs' enclosures
> (owners of altered dogs did not have such a requirement)
as an
unconstitutional
> violation of Equal Protection and Substantive Due Process.
>
> Reiterating another court's earlier decision that
recognized that
dogs are
> personal property, the judge further held Louisville's
seizure bond
> requirement as an unconstitutional violation of
procedural due
process rules.
> This
>
> requirement, which required anyone accused of animal
cruelty to post
bond
> for the care of their seized animals, would have
resulted in the
forfeiture
> of animals if they were not able to pay for the bond
regardless of
whether
> or not they were later determined to be innocent.
>
> "We congratulate the Louisville Kennel Club and their
co-plaintiffs on
> their leadership in opposing the Louisville ordinance,"
said Dennis
Sprung,
> President and CEO of the American Kennel Club. "We are
confident that
this
> decision will encourage communities to consider the
interests of
responsible
> dog breeders and owners when making changes to their
animal ordinances."
>
> For more information, contact AKC's Government Relations
Department:
(919)
> 816-3720, go to the website, or e-mail _doglaw@akc. org_
> (mailto:doglaw@ <mailto:doglaw@>...)
>
>
> [Non-text portions of this message have been removed]
>
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