“Only 2 weeks ago, I would have scoffed at someone making that statement above. I would have blown it off as paranoia. Then a respected breeder in my area had all her rabbits forcibly taken from her.” http://www.raising-rabbits.com/responsible-animal-owners-defense-trust.html
“The groups and individuals involved in “rescuing” these rabbits broke at least five state laws, and have had absolutely no regard for the rights of the breeder. How is it that these groups were allowed to be the judge, jury, and executioner before ever stepping into a courtroom? It appears from the actions of these groups that as an animal owner, they believe you have NO rights.”
- They would not allow the breeder to take her own pictures to document what was happening
- They have refused to allow either her attorney or her own veterinarian access to the rabbits
- They extorted her into signing over her rabbits to them by charging her over $800 per day for a minimum of 30 days to care for the rabbits
- She was informed that she had 10 days to rescind the decision to sign the rabbits over, but 7 days later when she changed her mind they denied her the right
- Without even being convicted of anything, she has lost all her rabbits to the HRS.
- The rabbits are already being spayed and neutered. The goal of the HRS is to ensure that none of the rabbits goes to a breeder.
- Some of the rabbits taken belonged to local 4-H members. It appears that these kids may get their rabbits back after they are spayed/neutered.
“Which one of us is next? While I have never personally seen this breeder’s barn, I have talked to several individuals who have. I am convinced that if they can take her rabbits, they can take anyone’s rabbits they target.Remember, the agenda of the HR$ is to eliminate the rabbit breeder completely, and it appears they will do anything to accomplish their goal.”
“I know that while we all want to lock our barns and hide our rabbits, it is time we stand together and let our voices be heard over the roar of the propaganda and actions of the people and organizations that want to see rabbits as only house pets and not the amazingly versatile animal that they truly are.”
“This breeder is standing up against these people and fighting not only for herself, but for us.”
DAMN STRAIGHT FOLKS—
THIS IS WHAT WE MEAN… We don’t fight back, we LOSE.
And this is from a RABBIT group site!!
http://www.youtube.com/watch?v=QJUiSjSw0Gc&feature=related (H$U$ truth video)
If any humane group, AC or other such AR group tells you they are seizing your animals, you should either already have a prepaid legal plan like Legal Shield (formerly Prepaid Legal) or similar plan, which you can pay a small amt. per month, OR have 24hr access to call an attorney you know. This is imperative because once you utter anything they can use against you, once you make a deal and they don’t follow through, once you let them inside your house, your barn, etc, it’s over.
In California, which has preseizure forfeiture, it is near impossible to avoid paying storage fees. So the key is NOT to get caught where they can seize your animals, and if they try, they usually need a warrant. We have seen seizures where they don’t follow the code, which actually is better because then the entire seizure might fall out, but that often depends how they saw the animals in the first place. Usually they haven’t seen them but get complaints from neighbors, ARs, or people that don’t like you. For example, the Open Fields Doctrine may allow seizure if they can see your animals, even if they are trespassing outside from the neighbors yard. However it would depend on the expectation of privacy (and take too much space to discuss here.)
While we don’t know the whole story, we would just comment as if this happened in CA…if we assume this person was not required to register with APHIS, that’s fine. We then look at excessive charges, oral promise to rescind, no criminal charges, altering all animals, and animals belonging to “others.”
In CA, the storage fees are high, and if you are actually cited and had the animals seized, retaining ownership will cost a fortune. If you received the mandatory notice/hearing as per the code, fine. Still high. If you didn’t receive the mandated hearing, call an attorney immediately. Usually an oral promise to rescind may create some detrimental reliance which is an affirmative defense. Can’t tell if that happened here. Cannot tell if the promise was made with actual authority. No criminal charges were made because apparently it looks like they agreed not to do so, because the person worked a deal by giving away the animals. Alteration of the animals is a property interest/due process question that would arise, and cannot tell if there was notice (that altering would occur if animals surrendered.) Seizure of the property belonging to others brings up an intervenor question. The other owners (if in CA) could file a motion to intervene since they likely did not give permission to give away their animals. IF the person was supposed to register with APHIS and didn’t, as we know the fines can be high, as shown by the H$U$ attorney now working for APHIS.
All other groups with animals that have not stood up against California SB 917 should be ashamed of themselves. NO guts–NO glory.