[ SHOWGSD-L ] Pivotal Florida ruling boosts pet owners' rights

From: Stormy Hope <stormy435@xxxxxxx>
To: The List <showgsd-l@xxxxxxxxxxxxx>
Date: Mon, 21 Jun 2010 07:22:26 -0700
For those of you who live in Florida, you should be aware that many of  
Florida's laws and ordinances are almost as anti-animal as  
California's.  The actual attack against stock owners started there.    
For those of you who live elsewhere, this is a VERY important court  
fight and strikes at what is happening all over the U.S. at this  
time.  Search and seizure is the basis of this law suit and the basis  
of many seizures taking place throughout the nation. More information  
at: http://capwiz.com/naiatrust/issues/alert/? 
alertid=15163516&queueid=[capwiz:queue_id]

Pivotal Florida ruling boosts pet owners' rights        
More Info


Almost a year and a half after NAIA Trust and two of its members sued  
Volusia County Florida over its new animal control ordinance, a  
federal judge has issued a key ruling permitting the case to go  
forward to trial.

The plaintiffs object to the licensing requirements of the county and  
assert that their rights to equal protection, due process and freedom  
from unreasonable searches are violated by the licensing requirements.

Plaintiffs have not made formal complete application for "hobby  
breeder" licenses because they allege they would be required to waive  
some of their federal and state constitutional rights in order to  
obtain such licenses, and they are not willing to do so.

The court found that, contrary to the county's arguments, because of  
the nature of the claims asserted by plaintiffs, plaintiffs have  
standing to pursue this case at this time. "... [A] denial of equal  
treatment is an actual injury even when the complainant is able to  
overcome the challenged barrier." Plaintiffs allege that they are  
being subjected to unequal treatment and that the county may not force  
them to waive their 4th Amendment rights as a condition of licensure.  
"...[T]he court finds that plaintiffs may pursue their claims even  
without having made a formal license application."

Patti Strand, National Director of NAIA Trust, said "This is what  
we've been waiting for and we feel very optimistic. Finally we can  
take the search and seizure issue, the mandatory spay/neuter issue,  
and all of our other concerns to trial.

Now the real fight begins. The goal is to stop the march of  
unconstitutional animal laws that empower the government and private  
groups to take our animals and sell them at a profit without just  
cause, or force us to perform life altering surgeries on our pets  
without due process. This is a battle that must be fought. The  
alternative is to allow our powerful opponents to prevail by  
outspending us and bleeding our resources while they usurp our  
constitutional rights.

Please join us in our fight and donate today.  We can not do it  
without your support.


For further information contact us at NAIA Trust

If you received this link from a friend, click here to sign up for our  
alerts and articles.
NAIA Trust
Strengthening the human-animal bond and safeguarding the rights of  
responsible animal owners

  

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[ SHOWGSD-L ] Pivotal Florida ruling boosts pet owners' rights

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