Sunday, February 28, 2010

Kentucky: HSUS Introduces Unconstitutional Forfeiture Bond Bill

On February 26, HSUS (Humane Society of the United States) --no doubt aided by their KY state director, Pam Rogers--introduced the animal "forfeiture/seizure bond" bill:  formally known as Kentucky HB 517.

A Little History Lesson Is In Order Here...

For those readers that are unaware, Pam Rogers was a author of the infamous Louisville, KY, animal control ordinance.  The very ordinance that the Louisville Kennel Club (and various other individuals) filed a federal lawsuit against, and were successful in several key areas.  For the complete ruling issued by Judge Charles R. Simpson (U.S. District Court), please click here.

One of the unconstitutional findings (relative to the "seizure/forfeiture bond") by the Honorable Judge Simpson was that:
Section 91.101 of the Louisville/Jefferson County Metro Government code of Ordinances is declared unconstitutional insofar as it threatens to deprive pet owners of their property rights without a finding of guilt...Metro is hereby enjoined from enforcing 91.101 in the manner just described.
Forfeiture/Seizure Bonds Are Unconstitutional

You would think that HSUS got the message from Judge Simpson's ruling, but apparently not. (Too much tofu and not enough meat protein, perhaps?)

This bill is a cleverly worded state version of that portion of the Louisville/Jefferson County ordinance.  It is still just as bad, and still seeks to deprive owners of their Constitutional Due Process Rights.  That is, no state (or person or anyone) can deprive you of your property without an actual finding of GUILT.

This bill seeks to give "ownership" of animals to third parties PRIOR to a finding of guilt of the accused.  It also seeks to force those accused in crimes relating to animal cruelty to post a bond.   It does not matter whether or not someone can afford to post this type of bond, the bottom line is that no one has the right to give "ownership" of YOUR PROPERTY to someone else!

What about after the trial, and a person is found innocent?  This bill does not make it clear that the animals will be returned to the owner; nor does it spell out--with certainty-- that any monies paid will be returned to the rightful owner.  It is part of our American judicial system that society bears the brunt (costs) associated with finding a person guilty or innocent.  Cases involving those accused with crimes against animals should be treated no differently. 

The very concept of a "forfeiture" or "seizure" bond greatly undermines the idea that a person is presumed innocent until proven guilty in a court of law; depriving someone (or attempting to deprive someone) of their personal property by their ability (or inability) to cough up huge sums of cash flat-out crushes the 14th Amendment.

Our judicial system is not perfect; however, we are afforded certain protections under the U.S. Constitution.  More and more, the animal rights industry (namely the Humane Society of the United States) would have us to believe that animal owners are somehow different; that we are not entitled to those same protections against warrantless searches and seizures, the right to due process, the right to be presumed innocent until proven guilty, the right to a fair and speedy trial, etc.

Kentucky HB 517 Seeks to Grant Police Powers to HSUS "Agents"

If that statement doesn't scare the crap out of you, then I don't know what will.

Those of us that closely montior the anti-animal owner/breeder legislative climate across the U.S. have seen one too many cases of the HSUS using their phony badges and phony legal "authority" to "raid" breeders/animal owners.

In case any of you missed the memo, HSUS is NOT a governmental authority on anything; they have no police powers.  Their "agents" are nothing more than individuals playing dress-up; much like we all did as kids.  Except when HSUS agents play cops and robbers, the result is dead animals and individuals deprived of their due process rights!

Recently, a South Dakota dog breeder was "raided" illegally (judge threw the search warrant out) by a local "rescue" group, aided by HSUS agents playing dress-up.  In addition to the judge throwing out the warrant, and this fiasco costing untold thousands of dollars to the community---dogs are dead as a result. 

And, who could forget the "S.W.A.T Team style" raid (complete with Blackhawk helicopters!) on Louisiana "pit bull" breeder, Floyd Boudreaux?  Another case of all dogs dead, due process rights thrown out the window, and THOUSANDS of dollars wasted.  The outcome?  The judge threw out the case.

But, hey, it's all good to HSUS, right?  These highly publicized cases garnered them untold amounts in donations, their phony agents got to dress up like "real-live cops" complete with guns-a-blazin', over-inflated egos got blown up some more.  So what that these owners were denied their rights and helpless animals ended up dead, right? 


Call or write to the Chairman of the House Agriculture and Small Business Committee, Representative Tom McKee.  Then call 1-800-372-7181 and leave a message for YOUR state Rep. to OPPOSE KY HB 517 in its entirety.  It is also a good idea to email them as well!

Join our page on Facebook, "Stop KY HB517: Bad for Animal Owners, Animals, And The State!"

Once you join our page, please "share" the link with your Facebook friends by posting the link on your own profile page.

It will take all of us working together to keep KY HSUS-free!

Thursday, February 18, 2010

PLEASE HELP: We Must Stop These Phonies!

Dear True Friends of Animals,

I write this to you today with the greatest of urgency!  In case you are unaware, there is a huge scam currently underway in the United States. 

The Humane Society of the United States calls itself the world's "largest animal protection organization" and claims to "help rescue thousands of animals in need every year".  WHAT A CROCK!

Do not be fooled by their "wolf in sheep's clothing" leader, Wayne Pacelle; and do not think for one minute that your "$19 a month" donation will make it close to helping dogs and cats in need.  In fact, according to the H$U$ 2008 tax return, less than 1/2 of ONE PERCENT actually goes to the direct care of animals!

A donation to this extremist animal rights organization (cleverly disguised as animal welfare) will go toward such worthy causes as:

  • Legislation to cripple animal agriculture and make the food that we eat more expensive
  • Legislation to incrementally take away YOUR RIGHTS to own and breed dogs and cats
  • Legislation to take away YOUR RIGHTS to hunt and trap
  • Lobbying state and local officials for forfeiture and/or seizure bond laws in animal abuse cases (before anyone has been convicted of anything!)
And the list goes on and on!

So, dear friends, what can you do to help stop this atrocity???  It is very simple!
  • Write your U.S. Congressman and urge him/her to contact the IRS Fraud Division and request that this phony "animal welfare" group be investigated
  • Write the IRS Fraud Division yourself and request such an investigation
  • Write letters to the editor of your local paper to alert members of your community that if they donate to the H$U$, less than 1/2 of ONE PERCENT of their money will go to actually helping animals in need in shelters
  • Start a blog, and in the blog title or header include the phrase, "Join The Crusade Against HSUS"; search engines like Google love blogs.  The more blogs we link together, the higher up in rankings our message will be!
Most importantly:  Friends don't let friends donate to the Humane Society of the United States!

From one true animal lover to another, thank you for your prompt attention to this very grave matter.

And, your animals will thank you too; they depend on US, not a multi-million dollar phony "animal protection organization".

The Endangered Owner,
blogger/animal lover/purebred dog owner, exhibitor and breeder

Thursday, February 11, 2010

Johnson City,TN Proposed MSN Will Violate Due Process Rights of Dog Owners

The Johnson City, TN, Commissioners will have the second reading of a proposed mandatory spay/neuter ordinance on Thursday, February 18.  The ordinance, which is being proposed by shelter director, Debbie Dobbs, seeks to make criminals out of dog owners who fail to have their pets spayed or neutered or who fail to "apply for" an intact animal permit from the shelter.

Here Comes That Pesky United States Constitution Again...

It appears that the city leaders need a refresher course in civics.  According to the 14th Amendment to the United States Constitution:

"No State shall make or enforce any law which shall abridge the privileges or immunities of citizens of the United States; nor shall any State deprive any person of life, liberty, or property, without due process of law; nor deny to any person within its jurisdiction the equal protection of the laws."

So, let's break this down as to how it applies to Johnson City:
  • The City would exceed its authority by attempting to regulate the ownership or possession of property (dogs) a violation of the 14th Amendment - with no rational basis
  • The City would violate the 14th Amendment by predicating equal rights of animal ownership upon compliance with the unequal requirements of mandatory spay or neuter.
Not Without A Warrant, Mr Animal Control Officer!

Dobbs has stated that this proposed ordinance would be "complaint driven" and that "no one is going to go door-to-door" looking at your dog's reproductive parts (or lack thereof).

So, here is how this proposal would play out:  Let's just say that Mr Animal Control Officer gets a call from your neighbor that your pooch is barking incessantly and is interferring with trying to watch the latest episode of "American Idol" because they can't tell if that's the performer or a howling dog next door....

Mr Animal Control Officer comes to your door and knocks and says he has received a complaint that your dog is driving the neighbor crazy.  "I'm sorry, Mr Officer, but there's this squirrel that doesn't understand that "Fluffy's" dog food is off limits to him.  I'll make arrangements to feed "Fluffy" inside away from the squirrel."

"Ok", says Mr Officer, "but, by the way, I need to inspect fluffy and make sure he doesn't have his testicles, so I'm gonna take a quick peek at him in your yard."

OH!  I don't even think so, buddy.  Not without a search warrant you don't. 

I think we all see the obvious constitutional violations with this proposed ordinance.  Not to mention the fact that your dog's reproductive status is NONE OF THE GOVERNMENT'S BUSINESS.

Volumes of Opposition Letters Are Needed

Here is where you can help--no matter where you are from, or what breed or mix of dog you have--the folks in Johnson City, TN, need our help.  Write, email, fax or call and let the city commissioners know that mandatory spay/neuter has failed in every city in the United States where it has been implemented. 

Let them know that mandatory spay/neuter laws kills more innocent animals and that such laws interfere with YOUR rights as property owners.  Further, the costs associated with such draconian laws hurt local governments coffers.

Click here for all of the contact info for the Johnson City, TN, City Commissioners.

Oh, And One Final Thought....

For all of you dog owners out there that think that this ordinance "isn't that bad" or "isn't that big of a deal", consider this:  This is a classic "camel sticking its nose under the tent".  Dobbs has already stated that the "fee" can be raised in the future. 

And, to the individual that stated on a breed list recently that (in so many words) since this doesn't pertain to a specific breed, there really isn't a need to oppose....I personally thank my lucky stars that you have zero power of authority. Period.

Happy letter writing, ya'll.