GOOD NEWS FOR ANIMAL OWNERS

Some good news, in addition to  the 3 biggest Animal Rights laws hitting the DUST in California!!

The CA legislature is definitely broken. But thanks to the avalanche of opposition from many groups and people, the Governor did finally VETO all three of the bills that we considered to be the worst. SB250 still remains for next session but it too will likely hit a snag.

EB shirt Seize

The United States Court of Appeals, 3rd Circuit, UNANIMOUSLY found that the Animal Enterprise Protection Act (AEPA) was used appropriately against the SHAC 7 defendants.  AETA 09 SHAC   SHAC 7 defendants got combined total jail time of 24 years.

Then we have the Boudreaux case out of Louisiana, which had resulted in acquittal on any dogfighting charges, and where every dog was killed almost immediately by the Lousiana SPCA (no doubt working under guidance by HSUS, which helped draft the awful anti cruelty laws there), which deems all dogs “alleged” of fighting to be killed immediately…..

Thanks to HSUS helping to drag the Boudreaux case out for 4 years, where the HSUS so-called expert was not even deemed an expert,  it was unlikely that a claim could be filed in Federal court, but the attorney has NOW filed a case in Louisiana District (State) Court. 

http://www.theadvertiser.com/article/20091015/NEWS01/910150325/Pit-bull-breeders-sue-SPCA

Two Youngsville men acquitted in 2008 of dogfighting charges are suing the Louisiana Society for the Prevention of Cruelty to Animals for euthanizing their pit bulls

Scott attorney Richard Dalton filed the lawsuit in 15th Judicial District Court on Wednesday on behalf of father and son Floyd Boudreaux and Guy Boudreaux.  

Also, on the issues of illegal search/seizure:  In the case in WA state, the Finch family got an order to have dogs in an outbuilding kennel all returned by the court, which ruled that the warrant used was stale. A video that was a year old was used as a foundation for probable cause. That warrant was void, but the rescue who took possession of the dogs has refused to return them, under the guidance of AR attorney A. Karp, who claims they have a lien on the animals.

It is believed that this case may have extremely important precedent in regard to seizure/forfeiture. Petdefense may be working on the case depending on how much help is needed.

For about 100 years, the Boudreaux family bred American pit bull terriers, creating an internationally known breed called the Eli bloodline and the Boudreaux bloodline, Dalton said.

On March 11, 2005, the men were arrested and 57 dogs were seized from their Youngsville home after a Louisiana State Police investigation into alleged dogfighting.

They stood trial in October 2008 and were acquitted of all charges.

According to state law, upon acquittal, all items confiscated from the Boudreauxs should be returned to them, Dalton said.

“But all the dogs are dead,” he said. “There’s no more Boudreaux/Eli breed. The mom and pop direct descendants that would not have been sold are dead. That’s 100 years of breeding that’s gone.”

According to Louisiana Revised Statute 14:102.6, the law enforcement officer making the arrest can lawfully take possession of suspected fighting dogs and “cause them to be humanely euthanized as soon as possible by a licensed veterinarian or a qualified technician.”

But the law further allows the owners to post a bond with the court “within 15 days after receiving notice of such seizure…”

The Boudreauxs were arrested on a Friday, Dalton said. They were in jail until Monday and were unable to post a bond on their dogs until then.

By then, the dogs were dead, euthanized by the SPCA with 24 hours of being seized in the police raid, he said.

In testimony during their trial, Trooper Jacob Dickinson, a state police investigator who headed the case, said the SPCA gave investigators no prior notice before euthanizing the dogs.

The Boudreauxs maintain that they bred the pit bulls as pets and show dogs, not for fighting. Family pets, including a champion pit bull owned by a grandson and a pregnant dog, were seized and euthanized, Dalton said.

SPCA CEO Ana Zorrilla could not be reached for comment.

================================================

AND………………………Nathan Winograd speaks out re H$U$ and VICK:

http://www.examiner.com/x-16635-SF-Animal-Shelters-Examiner~y2009m10d16-Wayne-pacelle-is-coming-to-town?#comments

Wayne pacelle is coming to town

October 16, 7:03 AMSF Animal Shelters ExaminerNathan Winograd
 


HSUS Spokesman Michael Vick is the most notorious animal abuser
of our time. HSUS CEO Wayne Pacelle is coming to San Francisco
to champion Vick and to defend his decision to oppose shelter reform
legislation to save the City’s neediest homeless animals being killed
in local shelters.

 Humane Society of the United States embraces the most notorious animal abuser of our time and fights a proposal to save San Francisco’s neediest animals, the head of HSUS is coming to the City to raise money for his Washington D.C.-based group.

Unfortunately, Pacelle has long been an apologist and enabler of shelter killing.

In the end, the real reason behind the “Town Hall meeting” might just have nothing to do with animals. This “town hall” format is often little more than a fundraising ploy which has been successfully used by other organizations to sap money from local donors and thus away from local rescue groups, and into the bank accounts of national organizations. And for HSUS, money doesn’t appear to be a means to the end of saving animals. It is the end in and of itself, the animals be damned.

The controversial head of the nation’s largest and wealthiest animal protection organization in the United States is coming to San Francisco for an October 28 “Town Hall” meeting. Wayne Pacelle, the CEO of the Humane Society of the United States, will discuss, among other things, his new spokesman: dog-killer Michael Vick, the most notorious animal abuser of our time.

Can anyone imagine the National Coalition Against Domestic Violence embracing wife killer O.J. Simpson as a spokesman? Can anyone imagine the National Organization to Prevent Sexual Abuse of Children embracing pedophile John Geoghan as a spokesman? Can anyone imagine the Rape, Abuse, and Incest National Network embracing rapist Josef Fritzl as a spokesman? It is unthinkable. And yet Wayne Pacelle is asking animal lovers in San Francisco to embrace our movement’s version of Simpson, Geoghan, and Fritzl as a spokesman. It is beyond obscene. It is unthinkable.

Pacelle says he will answer questions from San Francisco animal lovers about this and other topics.

I have a number of other questions for Pacelle. Why did he, through HSUS:

  1. Participate in the slaughter of some 150 dogs, including puppies, in Wilkes County, NC?
  2. Lobby to stop No Kill legislation in King County, WA?
  3. Support breed discriminatory legislation in Indianapolis, IN that would have led to the round up and killing of Pit Bulls?
  4. Tell USA Today and Newsweek that killing in shelters is acceptable and that No Kill was warehousing?
  5. Mislead the public about an epidemic of dog bites to convey the view that trying to save Pit Bulls was irresponsible and put children at risk?
  6. Tell the court to kill Vick’s victims even as he was asking people to give HSUS money so he could “care” for them?
  7. Leave New Orleans with tens of millions given to HSUS for the victims of Hurricane Katrina even while those animals were still suffering?
  8. Legitimize the slaughter of virtually every animal at Tangipahoa Parish animal control?
  9. Tell people not to adopt animals during the holidays, effectively accepting the deaths of 1,000,000 animals as the alternative?
  10. Tell the Randolph, IA community that HSUS does not have a problem killing stray cats?
  11. Claim that rescued dogs in Missouri should face a “pretty certain death”?

And especially important for San Francisco animal lovers, why is he opposing a No Kill San Francisco? Pacelle recently sent a letter to San Francisco’s Animal Control & Welfare Commission equating No Kill with hoarding and opposing shelter reform legislation that would save San Francisco’s neediest homeless animals.

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