We obtained first hand information from attorney C. Chan, Esq., representing pet store owner Salinas, that co-counsel K. Schlesinger issued a legal warning letter publicly, after the ARs stated on Facebook that they intended to use the premises of San Diego Puppy (the store) to have a “victory” celebration– after claiming to have shut down the store. The “Facebook” page info can be seen at end of this post. The attorneys expect to call a press conference in near future re the legal status of the case.
The fact of the matter is that owner Mr. Salinas, purposely was forced to move his inventory of puppies due to threats of potential harm to his pups, from those who believe it is is criminal to sell commercial kennel dog pups……. so these pups were moved to avoid potential harm to the animals. The pet store owner+employees have not been cited by the city of San Diego, and have been the victims of criminal harassment, stalking, obscenity, illegal and criminal phone calls, emails, web misrepresentation, and far more. All of which has been verified and documented.
Attorney Chan, who is expected to argue for injunctive relief, has suggested that this link to the Obama care case be read:http://www.supremecourt.gov/opinions/11pdf/11-393c3a2.pdf since one of the key Justices goes over the Commerce Clause in great detail. [If you are a reader of PetDefense we often mention the Commerce Clause]
Attorney Chan also stated that the protester groups have never operated legally by using the tactics that are being used, and that the groups are way out of bounds from even a criminal v civil aspect. Physical threats are not new for Ms. Chan, who was in the Sacramento Federal Courthouse in the fall of 2011, when Beth DeCaprio attempted, in the court hallway, to lunge forward at the attorney and at least 3 men had to stop DeCaprio, including the Federal security guards. DeCaprio is the CEO of The Grace Foundation who is still trying to sue Timothy Ryan the bank attorney over the horses that Grace has continued to keep, despite a court order to give them up. The Federal security guards have never forgotten the incident and even this year, 2013, have been put on notice that the horse case may be coming back to bankruptcy or Federal Court. The security guards will be ready in advance. One of us actually witnessed the altercation.
In addition, attorney Ms. Chan has informed us that she is being retained to challenge a Free Speech case out of Trinity County where the 3 minutes normally allotted before government hearing (such as a city council) by a member of the public, was not only stopped, but screaming was used to force the speaker out of the room, thus not allowing free speech, and chilling the rights of the subsequent speakers as well. The speaker was escorted out of the room by a bailiff or deputy so the speaker could be silenced. A lawsuit is planned in Federal Court.
This was sent to us indicating the ARs posted it on their Facebook page, and the legal warning was posted 11/2/13. NOTICE in the picture– that the “OPEN” sign of the store is ON, meaning, ARs did this purposely when the store was open for business, on a business day? There can be no stronger evidence or proof that the ARs do what they want, when they want, and how they want– the San Diego police are useless.
San Diego Puppy, 5825 Mission Gorge Rd., just off the I-8.
We have just been notified — it is OFFICIAL! San Diego Puppy is no longer selling puppies! When we first started, 6 years ago, there were many stores selling puppy mill pups. NOW, there are NONE! Join us for a VICTORY celebration, with a victory parade and a vegan potluck! As always, kids and dogs are welcome. CONGRATULATIONS< San Diego! We did it!
- San Diego Animal Defense Team created the event.
Posted by San Diego Puppy November 2, 2013
FOR IMMEDIATE DISTRIBUTION
OPEN LETTER/NOTICE TO “SAN DIEGO ANIMAL DEFENSE TEAM”, ET AL.
TO: ALL PLANNING OR INTENDING TO PARTICIPATE IN THE ALLEGED “VICTORY CELEBRATION” AND “VICTORY PARADE” AT SAN DIEGO PUPPY ON NOVEMBER 3, 2013:
PLEASE TAKE NOTICE that the location for the announced “victory celebration” and “parade” is private property. There is no right to use private property of this type for a purpose other than that which is intended by the owners and stakeholders.
YOU ARE HEREBY advised that the publicized “celebration” and “parade” is neither sanctioned nor permitted. There is no “free speech” right in a private celebration, or any political or other use. See, e.g., Albertson’s, Inc. v. Young, 107 Cal. App. 4th 106 (Cal. App. 3d Dist. 2003). Under no circumstances has the property located at 5825 Mission Gorge Rd., San Diego, California been deemed a public forum. Rather, it is a “modest retail establishment” as set forth supra. Property does not lose its private character merely because the public is generally invited to use it for designated purposes. Id. at 120. Thus, any of the announced activities constitute an illegal trespass.
PLEASE TAKE FURTHER NOTICE that any person participating in the announced activities on the private property known as 5825 Mission Gorge Rd., San Diego, California, will be subject to all criminal and/or civil penalties, including but not limited to arrest and civil suit. The actions constitute, at a minimum, nuisance, harassment, interference with contract and defamation. Suit may result in, inter alia, damages, punitive damages, costs of suit and attorney’s fees. If such a suit becomes necessary due to any individual or group’s participation despite this notice, please take notice that suit any civil action will be vigorously litigated.
If you have any questions or would like to discuss this matter, please contact: SCHLESINGER CONRAD LAW FIRM
Tel: (619) 274-80XX
Come on over and celebrate the San Diego Animal Defense Team wiping puppy stores out of San Diego!!!! Bring a vegan snack or potluck dish to share. We have some signs, but if you want to make your own, all it needs to say is VICTORY!!!ASK YOURSELF—- HOW COULD A STORE OPERATE AND GETCUSTOMERS WHEN THIS NONSENSE IS GOING ON?
NOTICE THE SIGN: “EVERY DOG BRED MEANS A SHELTER DOG DEAD.”