[ SHOWGSD-L ] ALERT: OR Measure 53
- From: "Ginger Cleary" <cleary1414@xxxxxxxxxxx>
- To: "Showgsd-L@Freelists. Org" <showgsd-l@xxxxxxxxxxxxx>
- Date: Mon, 5 May 2008 01:54:12 -0400
*** Permission to cross post ***
Measure 53 is on the ballot in Oregon to allow authorities to confiscate
personal property used in crimes, monetary proceeds gained through
crime, etc without having to wait for the convictions to come through.
On the surface, this seems like it's a good way to get back at the meth
heads and drug dealers. Apparently the legal Beagles of the AR movement
saw their opportunity to include companion animals in this measure as
well though, and if this measure passes, could present significant risks
for anyone who owns companion animals, and breeders in particular.
The entire Oregon Voters' Pamphlet is available online at:
http://www.oregonvotes.org/may202008/guide/pdf_books.html
I think the most helpful information is in the "Measurement 53
Arguments" section. It's important to understand that the arguments
included in the manual come from individuals or groups that were willing
to pay $500 for their inclusion.
Here is the "Argument in Favor" of Measure 53:
Argument in Favor
Ballot Measure 53 is a much needed correction
Eight years ago, Oregonians passed the Property Protection
Act (PPA), amending the Oregon Constitution to prohibit property
forfeitures before a defendant’s conviction. The PPA was
intended to apply in drug cases. However, due to its overly
broad wording, the PPA adversely affected the safety and wellbeing
of Oregon’s most vulnerable animals—those seized from
an abuser. Under current law, just like a car or couch, animals
are considered mere property and the PPA, applies to all property
(not just the drug houses or the cars used to transport the
drugs), meaning that Oregon’s pre-conviction forfeiture statute
applicable in animal cruelty cases was inadvertently
compromised by the PPA.
Why is forfeiture so important in animal abuse cases?
Before the PPA, Oregon law allowed humane societies that
cared for abused animals seized in criminal investigations to
petition the court and transfer ownership of the animals—if the
defendant didn’t post a cost-of-care bond, then the court could
order the animals forfeited to the humane society. This preconviction
forfeiture process meant that seized animals did not
have to be held indefinitely while the underlying criminal case
moved through the system (a processes that takes close to a
year to complete—longer if an appeal is taken). Rather, animals
could be placed in loving homes to live out the balance of their
natural lives within weeks after having been rescued.
The fix is Ballot Measure 53
Ballot Measure 53 ensures that Oregon’s animals will not languish
in the “system” and that humane care providers do not
have to hold the animals for months (if not years) while the
criminal case drags on and on. Rather, the animals can be
adopted into loving homes—a just result in light of what these
animals had to endure before they were seized from the hands
of their abusers.
Don’t leave the safety of Oregon’s animals up to chance. Vote
Yes on Ballot Measure 53.
(This information furnished by Scott A. Heiser, Animal Legal Defense
Fund.)
This space purchased for $500 in accordance with ORS 251.255.
The printing of this argument does not constitute an endorsement by
the State of Oregon, nor does the state warrant the accuracy or truth of
any statement made in the argument.
--------------------------
Please note the affiliation of Mr. Heiser who is in favor of this
measure being passed. "ALDF was founded in 1979 by attorneys active in
shaping the emerging field of animal law."
Here is a link to an article he wrote in February:
http://www.aldf.org/blog/index.php?id=68
I believe the last sentence in this article pretty much sums up my concerns.
On the surface, this measure sounds like a good idea.... give the
police the power to confiscate money, guns, drugs, etc., and oh by the
way, find loving homes for neglected animals without having to wait for
due process. Few people are going to find any harm in this measure
unless they understand the mentality of those who managed to slide in
the animal connection.
The problem with Measure 53 is that animal shelters and rescues
nationwide have become infiltrated with animal rights activists
associated with organizations whose agendas are not really to protect
animals, but to eliminate the rights of pet owners to have companion
pets or working dogs or horses at all. These groups are actively working
to have mandatory spay and neuter laws passed in a number of states and
communities, and once again we are fighting AB 1634 in California again,
after the hard work of many fanciers managed to get it tabled last year.
The quickest way to prevent pet ownership after all is to make it
impossible for any more puppies or kittens to be born. If they cannot
pass MSN laws, the next logical step is to simply find ways to take
animals away from their legal owners without due process.
If there was any reasonable assurance that this sort of forfeiture law
would only be used in situations where animals were being neglected and
were at risk, it might be worth supporting, but given the political
tactics I've seen in the AR movement to date, and seeing how the humane
movement has been hijacked by the animal rights extremists, I am
personally concerned that this will become a means for ARs to target
even conscientious pet owners and breeders and gain control of their
animals, whether those animals need "rescuing" or not... but by the time
the situation is ever sorted out, the animals will be neutered and long
gone.
I'll be voting NO.
Cheers,
Sue
*****************
Ginger Cleary
"... more harm and misery have been caused by men determined to use coercion
to stamp out a moral evil than by men intent on doing evil."-- Fredrich v
Hayek
My Ebay site <http://stores.ebay.com/The-Crafty-K9_W0QQssPageNameZl2QQtZkm>
My Cafepress store <http://www.cafepress.com/thecraftyk9>
Rome, GA http://www.rihadin.com/
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