[ SHOWGSD-L ] Re: Update Discussed L.A.City Legal challenge
- From: Stormy435@xxxxxxx
- To: showgsd-l@xxxxxxxxxxxxx
- Date: Wed, 19 Mar 2008 21:31:38 EDT
Please be aware of those to whom you might crosspost this...however,
crossposting is permitted.
March 21, 2008
Dear Responsible Pet Owner,
As we indicated in our February appeal, we retained Greenberg Traurig, LLP to
represent us in CaRPOC's pursuit of a possible legal challenge to the
mandatory spay/neuter ordinance recently enacted by the City of Los Angeles.
The
decision to retain Greenberg Traurig was based on the fact that the firm has a
successful history of involvement in dog and other animal-related legislation
and was actively involved in the fight against AB1634 last year. Greenberg
Traurig have 25 years experience influencing government. During that time,
they
have represented pharmaceutical companies, consumer product manufacturers plus
other for profit and non-profit entities in connection with animal
legislation and regulation. Their experience goes far beyond animal issues,
including
more than 25 years of holding government accountable. They have successfully
invalidated both statutes and regulations when government has overreached its
authority or otherwise infringed on legally protected rights.
The first task for Greenberg Traurig was to do a comprehensive legal
analysis, research, and recommendation regarding a possible course of action in
Los
Angeles. We received a copy of their preliminary findings and recommendation
late last week. We will make available a summary of the analysis after we've
had a chance to study it in detail. They are also writing an addendum to their
initial analysis, which will also be synopsized after we receive it from them.
Unfortunately, based on Greenberg Traurig's research and analysis, they do
not think we have a "winnable" case at this time. They recommend against going
forward with a lawsuit out of concern that a loss could establish a
detrimental legal precedent to possible suits elsewhere. This is especially
important
in light of the American Canine Foundation v. Sun, November 27, 2007 case
http://www.websupp.org/data/NDCA/3:06-cv-04713-87-NDCA.pdf, which upheld the
Los
Angeles County mandatory spay/neuter/microchip ordinance and which has
already set a poor precedent. If we proceed with a weak case and lose, it will
create another judicial opinion upholding essentially the same language as the
L.A. County ordinance. That would reinforce a dangerous precedent, because AR
extremists and legislators would herald the ordinance as a model law that had
already passed legal scrutiny. However, CaRPOC may consider pursuing a legal
challenge in future if the law in unequally enforced, possibly creating an
appropriate test case.
Since CaRPOC currently will not proceed with a legal challenge to the City of
Los Angelesâ?? ordinance at this time, contributors have the option of
requesting a refund of their donations. However, we hope that you will
consider
leaving your contribution with us as CaRPOC has already expended $15,000 to
retain
Greenberg Traurig to do their initial analysis and render an opinion. We
appreciate your support and assistance in helping to defray these costs.
Florence Blecher, President
Stormy Hope, Vice President
Peri Norman, Secretary/Treasurer
**************
Create a Home Theater Like
the Pros. Watch the video on AOL Home.
(http://home.aol.com/diy/home-improvement-eric-stromer?video=15?ncid=aolhom00030000000001)
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