Dogged by animal officer, lawyer says castration case is a ‘monumental waste of resources’
POSTED JUN 25, 2015 06:15 AM CDT
A New Orleans lawyer is citing the Constitution and a “monumental waste of resources” in a motion seeking to toss a summons in a case targeting him for failing to renew a “certificate of intactness” for his dog.
Lawyer Arthur Lemann III labels the certificate a “scarlet letter” for dogs that aren’t spayed or neutered. Certificates must be purchased from the Louisiana Society for the Prevention of Cruelty to Animals. The New Orleans Times-Picayune posted his motion (PDF).
Lemann said his problems began after his Cairn Terrier, Kelso, got loose in January 2014 and was taken to the SPCA. Because Lemann couldn’t produce Kelso’s veterinary records on a weekend, the dog was held until a Monday. “Parenthetically,” Lemann wrote in a footnote, “it should be noted that the undersigned has been able to obtain the release of some of his clients with less difficulty than it took to spring Kelso.”
At the time, Lemann was given a choice of paying $50 to neuter Kelso or $75 for the certificate of intactness. He paid for the certificate, but didn’t know it had to be renewed until an SPCA agent showed up at his door in April 2015 and cited him for failing to renew the certificate and failing to have a current rabies tag,. Lemann got the new rabies tag and got both charges dismissed at a May 7 hearing.
The same SPCA agent showed up at Lemann’s home again in June, and Lemann “declined to answer the agent’s interrogation,” resulting in the summons.
Lemann sees an equal protection violation, because dog owners are treated differently than cat owners. “There is no rational basis to conclude that an intact dog poses any more of a public health threat to humans than does a horny tomcat,” Lemann writes.
Lemann argues there are other constitutional violations, including a ban on unreasonable searches and seizures because his dog can be apprehended for impoundment.
He also asserts that it’s up to the prosecutor to prove that Kelso has not been castrated, “and the defendant and Kelso ain’t talking.”
HMMM…well apparently Mr. Lemann has not read about animal control and SPCA and HSUS AR mantras, that intact dogs, according to to the AR fanatics, are purportedly more dangerous and more of a nuisance in general? That altering is considered the cure all to everything? That dogs running at large are considered in some jurisdictions, as a “dangerous” dog, for example in Paradise, California? That if an animal IS running at large, like a dog— and it happens once or more, that gives the right of the AC or equivalent to force alter your canine? That such altering when seized is not considered a taking? That altering cats won’t solve the cat number problem? It may lessen it but won’t solve it? That feral cats are nearly all running at large but there is no cat law for that?
We did not read the law applicable to Mr. Lemann’s case. But maybe we will contact him just for the hell of it. We distinctly recall, HSUS bought Louisiana a shelter and more after NOT being able to account for MILLIONS raised in Hurricane Katrina. NOTHING happened to HSUS. (In fact, HSUS has apparently taken over a lot of things there by the looks of this case………….?)
In fact, HSUS has always bragged about Katrina: quoted from HSUS site…
“In 2007, The HSUS donated $2 million toward Phase I of the Louisiana SPCA’s new facility. Those funds paired with privately donated dollars were instrumental in the construction efforts. More recently, with a $250,000 donation from The HSUS combined with privately donated dollars and $8 million from FEMA, the Louisiana SPCA is expecting Phase II to be completed in early 2015.
In the wake of Hurricane Katrina, it’s estimated that more than 15,000 animals were ultimately rescued and 3,000 reunited with their families. The number of animals that died in Hurricane Katrina is unknown, but it’s estimated to be in the tens of thousands. In that landscape of devastation, the Louisiana SPCA led the charge and continued the work to eliminate animal suffering.
NOTICE NOT ONE WORD ABOUT HOW MANY MILLIONS HSUS
RAISED RAIDED and where the MISSING MILLIONS AND MILLIONS WENT???????
6) HSUS raised $34 million in the wake of Hurricane Katrina, supposedly to help reunite lost pets with their owners. But comparatively little of that money was spent for its intended purpose. Louisiana’s Attorney General shuttered his 18-month-long investigation into where most of these millions went, shortly after HSUS announced its plan to contribute $600,000 toward the construction of an animal shelter on the grounds of a state prison. In 2009, Atlanta ABC affiliate WSB-TV reported that public disclosures of the disposition of the $34 million in Katrina-related donations added up to less than $7 million.