[ SHOWGSD-L ] Defeating Mandatory Spay and Neuter
- From: <murfamx4@xxxxxxxxxxx>
- To: showgsd-l@xxxxxxxxxxxxx
- Date: Tue, 4 Sep 2007 7:32:58 -0700
I am not a Lawyer and no I don't play one on TV. I do however work for a
Mid size law firm in the State of Missouri. When this problem arose in
Jefferson County MO. I wanted to make a difference. I talked to a couple of
the Partners in the firm who were happy to help me. I told them that I didn't
want to go in and WHINE "this isn't fair" But more over I wanted to go in and
rock their world and make them afraid to pass these things. We won the open
ended breed restriction out right but had to settle to a compromise on the spay
and neuter. The first time an animal is found running loose it is returned to
the owner after proof of vaccinations/micro chip or tattoo is provided. If the
same animal is found loose again it is considered a habitual offender and is
subject to spay and neutering. (court filings can still get it back in tact)
Since then I have spoken before a few county councils that were debating the
Spay/ Neuter and Open ended breed restriction controversy. We have had
success not by going in and Whining "ITS NOT FAIR" but by going in and quoting
the US Bill of Rights. The Bill of rights in Article 7, Amendment 5 state the
following:
No person shall be held to answer for a capital, or otherwise infamous crime,
unless on a presentment or indictment of a grand jury, except in cases arising
in the land or naval forces, or in the militia, when in actual service in time
of war or public danger; nor shall any person be subject for the same offense
to be twice put in jeopardy of life or limb; nor shall be compelled in any
criminal case to be a witness against himself, nor be deprived of life,
liberty, or property, without due process of law; nor shall private property be
taken for public use, without just compensation.
We claim that these animals are our property and we can not be made to
destroy their value by spaying or neutering them without due process of law.
The animal control departments are not willing to go through the expense nor
the bad publicity of a long drawn out court battle over every spaying and
neutering of an animal.
We also quoted the State of Missouri Statutes that also has a statement in
it that calls for the Rights Of the People to acquire property and use property
for any lawful purpose.
I know that several other States have similar Laws and can be used against
the spay and neuter. These also work well for the Open ended breed restriction
laws that are popping up all over the country. Banning our property when they
have not been accused of or convicted of a crime is also taking our property
without DUE PROCESS.
I have seen several emails on the list concerning Animal bills in CA and TX
and I would be willing to bet that QUOTING THE US CONSTITUTION will work much
more efficiently than whining. We have the law on our side USE it.
Glenn
Shaden Shepherds
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