Registered: Jul 2003
Location: Texas
Posts: 4324

From: donnaherzig@hotmail.com[/email]
To: donnaherzig@hotmail.com
Subject: FW: LKC
Date: Fri, 2 Oct 2009 23:55:16 -0400

------------------------------
From: [email]donnaherzig@hotmail.com
Subject: FW: LKC
Date: Fri, 2 Oct 2009 23:52:59 -0400

This is a great decision. Judge Simpson found that the determination between altered and unaltered dogs is without merit and therefore the requirement of inspection of enclosures for unaltered dogs is unconstitutional, He additionally found that dogs are personal property and the requirement of a seizure bond where you must post a bond upon a showing of probable cause and if you cannot post the bond your animals become the property of the state, city etc. is unconstitutional and a finding of guilt must occur before a court can take your property. The
judge issued an injunction prohibiting the city from enforcing these provisions. With respect to the Fourth Amendment issue the Court dismissed it because the city agreed with us. However, the Court spent a lot of time discussing the Fourth Amendment and stated that notwithstanding the ordinance seeming to allow for seizure without a warrant for tethering violations, for some cruelty issues and for any violation of the ordinance
(a provision used by Meloche to seize animals for violations of his alleged Class A requirements) the Court reasoned that no ordinance provision nullifies a warrant requirement so as to those seizures LMAS must obtain a warrant prior to seizure. Moreover, while the Court did not strike down many of the definitions, it could have just left it at that. Instead the Court went point by point and clarified the statute as to what was permissible and what wasn't . Notwithstanding the story in the "Courageless
Journal"- I am not sure that they read the same opinion, we had a major victory on the issues that matter on a national basis. Please read it a few times, it gets better with age. While Judge Simpson did not deal with the state issue, the veterinary issue which was the most important one, was addressed by a change in the state law which makes veterinary records confidential and does not permit release of them unless a court order issued
or the owner gives consent in writing. Since we prevailed on our Sec. 1983 issues, Jon will file next week for attorney's fees which are mandatory under the statute. We are hopeful that we will receive a substantial reimbursement.
Donna Herzig

__________________
SKY
___________________
Author of the novel "Follow Jennifer"

Report this post to a moderator | IP: Logged