TX-RPOA E-News
>From RPOA Texas Outreach and
Responsible Pet Owners Alliance
"Animal welfare, not animal 'rights'
and, yes, there is a difference."
Permission granted to crosspost.
June 21, 2010
Message below from our friends at National Animal Interest Alliance.
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Pivotal Florida ruling boosts pet owners' rights
http://tinyurl.com/2ec3xotor
http://capwiz.com/naiatrust/utr/1/DBGXMTHXVY/FZXHMTIJLX/5384974841Almost 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.
