MSN LOS ANGELES Update Preliminary Injunction 10/2/08 Hearing

Subject: UPDATE ON LAWSUIT AGAINST CITY OF LOS ANGELES
Date:
 PRELIMINARY INJUNCTION HEARING SET FOR OCTOBER 2 2008


 Petdefense Note: winning the PI would mean there is good chance for success in the case. Losing it could mean the court may not be inclined to consider the irreparable harm to the animals that are involuntarily altered at 4 months of age.  It is PD’s opinion that because the sterilization of animals is permanent, the detrimental health effects would be possibly avoided ONLY by buying a breeder’s license, even if one was not intending to breed the animal. That presupposes  in order to maintain the health of an animal, it becomes necessary to pay for a permit to breed the animal. Or put another way, in order for the city to have “pets altered by 4 months old”, every single pet owner who wishes to NOT alter their pet must pay MORE in fees. There is no “intact” licensing fee, there is only the option for a breeder permit according to the lawsuit.  [I did not download the preliminary injunction documents because it was over 200 pages.]  While I do think there is a showing of irreparable harm to the Plaintiffs, there is a method of avoidance (buying the permit) but the question is—should they have to buy the permit? In general, irreparable harm justifying an injunction is that which cannot be adequately compensated in damages, or for which damages cannot be compensable in money. There are many other factors considered in a PI,  but without irreparable harm, an injunction cannot lie.
 

Concerned Dog Owners of CaliforniaSeptember 11, 2008
UPDATE ON LAWSUIT AGAINST
CITY OF LOS ANGELES
               

 
 
 

 

On September 9th, 2008, the law firm of Roberti Jensen filed a Motion for Preliminary Injunction on behalf of Concerned Dog Owners of California.  The request asks the Court to prohibit the City of Los Angeles and Los Angeles Animal Services from engaging in or performing the following acts:           

1.      Enforcing any and all provisions of Los Angeles City Ordinance No. 179615;
2.      Enforcing any and all provisions of Los Angeles City Municipal Code Section 53.15.2(b);
3.      Mandating the spay/neuter of any and all owned dogs and cats within Los Angeles City;
 Punishing by fine, misdemeanor, or penalty, any Los Angeles City resident or person within Los Angeles City for not complying with Los Angeles City Ordinance No. 179615 and/or Los Angeles Municipal Code Section 53.15.2(b).
As we all know, it will take some time for this lawsuit to move through the Courts.  If the City is permitted to require the sterilization of puppies and kittens during that time, that action is irreversible.  So when the Courts find for CDOC and rule that constitutional rights are being abridged, the health of many of the dogs will be negatively affected with results that cannot be undone. A hearing has been scheduled for October 2nd.
As a part of its discovery, the City of Los Angeles has asked for a great deal of personal information on the individual plaintiffs.  It remains to be seen if the plan is to direct harassing and inappropriate attempts at compliance toward those specific people who stepped forward to oppose this Ordinance. 
As you know, the people who promulgated and pushed this ordinance are on the move around the country to get other cites to adopt this ordinance.  Animal Services Director Ed Boks has bragged that he looks forward to taking this to the rest of the country.  Chicago was a recent stop and your city could be next.  Now that AB1634 has been defeated, we anticipate a strategy aimed at local communities.

CDOC and all the individual plaintiffs believe that we have to stop laws to be promulgated which abridge our constitutional rights and are clearly detrimental to the health and well-being of our dogs.  For years we have kept quiet.  That time is over.  We need to speak up, we need to stand up for our rights and we need to vote appropriately.
If you would like a copy of the filing, please send your email address and dog affiliation information to info@….
 
 
 
 
 
 

 

 

SUPPORT CDOC-ACTION WHILE YOU DO YOUR HOLIDAY DOG AND SUPPLY SHOPPING
In bringing this action against the City of Los Angeles, CDOC knew it was taking on a huge responsibility, that would require a great deal of time and money.  But dog lovers from all over the country assured us we would have their moral and financial support.  To date, we have raised approximately $100,000 and we need to raise that amount again. 

One of the easy ways that individuals can help us is to purchase their dog supplies and Christmas gifts through Moe Toys at www.moetoys.com.  The company has offered to sell any of their merchandise at 25% off to help CDOC-Action fund this effort.  CDOC has asked them to pass 10% of that savings along to you and to give the remaining 15% of CDOC-ACTION. 

When you order your dog or cat supplies, please use the promotional code CDOC to ensure you get your savings and we get the donation.  This offer will be good from September 10, 2008 through October 5, 2008. 

We know this is the time you are buying for the holidays.  Make this the time you pick up a couple extra soft crates, replenish your supply of beds, and get lots of toys for those good dogs. 

We also encourage you to make a donation at www.cdocaction.org.  There are thousands of us.  If 2000 people make a $50 donation, we will meet our goal. 

Please forward this bulletin to your Clubs and everyone you know so we can get the whole country shopping and helping!  Thank you.

PLEASE FORWARD

___________________________________________________  __________________


Although Officers and Directors of CDOC are not compensated, our organization has significant expenses for representation in Sacramento, public relations statewide as well as printing and related costs.We hope you will help us continue to make a difference by donating to CDOC or CDOC ACTION.  CDOC ACTION funds the challenge
to the City of Los Angeles ordinance requiring
sterilization of owned four month old puppies.
           

 

 

 

 

 

 

 

 
 
 
 
Safe Unsubscribe

This email was sent to brat.zinsmaster@sbcglobal.net by update@cdoca.org.

 

 

 

 

 

 

 

 
Concerned Dog Owners of California | 22647 Ventura Boulevard | Woodland Hills | CA | 91364

Leave a comment