Registered: Jul 2003
Location: Texas
Posts: 4324

-----Original Message-----
From: Geraldine Clarke <geraldine101010@yahoo.com>
To: VCNM <VCNM_Animal_Control_Forum@yahoogroups.com>; Mepetlaw <MEPetLaw@yahoogroups.com>; CAdogHunters <californiadoghunters@yahoogroups.com>; dems4pets <dems4pets@yahoogroups.com>; pet-law@yahoogroups.com; spdbs <spdbs@yahoogroups.com>; CAPLA <CAPLA@yahoogroups.com>; Arizona <AAAVA@yahoogroups.com>
Sent: Sat, Oct 3, 2009 3:51 pm
Subject: [petlaw] Fw: [CA-animal-legislation] Fwd: LKC Lawsuit


Permission to crosspost

A major victory!! This is a Federal ruling so it sets a precedent for the entire country against draconian animal legislation. The Bill of Rights lives! (Although I'm sure HSUS's attorneys are going over the ruling with a fine tooth comb right now to prepare a lawsuit for the Supreme Court.)

Doing the happy dance,

Geraldine

---Permission to cross-post.'''
I'm on the phone with Barbara Haines, Louisville Kennel Club. We've been
waiting for this decision for almost a year, but it was worth the wait.

This ruling by a federal judge (an esteemed Constitutional scholar) is a
profound victory.

This precedent has far-reaching implications, and sets the stage for
class-action lawsuits nationwide - anywhere similar ordinances have been
enacted, a
nd Constitutional rights of pet owners have been violated

Highlights of the FEDERAL ruling:

1. Pets are personal property, under the Constitution. Due process, search
and seizure, etc.. (all protections provided by Constitution) apply to pets.
You are the OWNER of your pets (not the "guardian.")
2. Requirements for housing, treatment, etc.. cannot be mandated by
legislation to be different for intact dogs (vs. altered dogs.).
3. Seizure bond is FLAT-OUT illegal and unconstitutional. This practice
constitutes unlawful taking of personal property. If, after search warrant
is obtained, a person is arrested and their dogs are seized, their dogs
must be held AS IS (cannot be sterilized while held, cannot be sold,
"transferred" or euthanized) unless the owner is found guilty after trial.
Meantime, owner DOES NOT have to pay a dime for their care, until/unless
they are found guilty of the charges

Tina Perriguey

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Author of the novel "Follow Jennifer"

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Registered: Jan 2006
Location: bronaugh,MO
Posts: 2595

Well SOB, they finaly got it right for once.

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GRNTCH GRCH ROBINSONS ENGLISH LOOSER

RIP Loose

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Registered: Jul 2006
Location: Turtle Mountains, ND
Posts: 1023

That is a great outcome. Kudos to all involved in getting it right.

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Registered: Oct 2006
Location: sandhills
Posts: 657

Not only the bill of rights,some common since still lives.Good news.

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Registered: May 2004
Location: Kentucky Wildcat Country
Posts: 4600

BTT

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Perry Metcalf.. Go Big Blue !

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