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IMPORTANT INFORMATION FOR LOUISVILLE
PET OWNERS
Louisville Metro Animal Services (LMAS) has an Anti-Puppy Task Force in place. As ridiculous as it sounds, it is anything but funny when an innocent pet owner attempts to sell one or more puppies and finds him/herself the target of a sting operation. LMAS is misapplying the current animal control ordinance, telling people they must have a Class A Kennel license (commercial breeders license, for those whose primary purpose is breeding/selling dogs) in order to sell or even give away puppies. This is incorrect, and we believe that it will not stand up in court. Many people who have already been targeted have found their animals confiscated, puppies exposed to the filthy conditions at LMAS’ shelter, nursing females spayed against the advice of their veterinarian, and thousands of dollars in fines & fees required to rescue their animals from the clutches of Dr. Giles Meloche. Contrary to rumor, the people targeted have included those who had an accidental litter and show dog owners who bred a litter to continue their line. NO ONE IS IMMUNE. Here’s what you can do to avoid the same situation:
§
If you have a puppy
to sell, and you receive an inquiry from an interested buyer,
§ Insist that you meet the potential buyer OUTSIDE of Jefferson County. You do not want to find yourself the target of a sting inside LMAS’ jurisdiction. Ask the potential buyer if he/she will want to see your kennel license. If the answer is yes, END ALL COMMUNICATION WITH THIS PERSON—HE/SHE IS LIKELY A LMAS PLANT. § DO NOT allow anyone to come to your home to see puppies/kittens unless you are personally there. Babysitters, kennel help, your kids or spouse, or anyone who is at your home can grant permission for authorities to search so make sure they dont. § If you do allow a potential buyer to come to your home, and you find yourself confronted by LMAS, DO NOT PANIC. Follow the steps below: o Step outside your home, closing & locking the door behind you. Neither LMAS nor the police may enter your home without a warrant or your permission. Insist on a warrant, even if they threaten you with arrest for refusing entry. Such an arrest would very likely be a civil rights violation---which removes sovereign immunity from all involved, leaving them personally liable for their actions. o NEVER speak to LMAS from an open doorway! o Write down the names of all police and animal control officers involved, including badge numbers. Get vehicle numbers as well. o Contact your attorney immediately. If you do not have an attorney, or are not confident that your attorney is well-informed on animal issues, we recommend Pat King (585-5763, 730 W. Market St.), or John Fowler(500-0094) o You do not have to answer any questions if you are not comfortable doing so. o If LMAS leaves to get a warrant, call your friends to come and remove your dogs from the premises. Use the time to make sure your kennel area & home are clean and that there is nothing in sight that can be used against you. o When LMAS returns, insist on seeing and reading the warrant. The warrant is not valid without a judge’s signature! DO NOT SIGN ANYTHING—not a citation, not a warrant, not an agreement—even if they try to tell you that things will go much better for you if you do. They will lie. o DO NOT allow LMAS to seize anything not specified in the warrant, or to go in areas not covered in the warrant.
Whatever else you do, remember to stay calm, be polite, and do not physically resist a police officer. If they barge into your home without permission, try to get a camera and record everything they do. If you can’t get a camera, write down a detailed description of the raid as soon as you can. Get officers names & badge numbers. Entry by authorities without permission, a warrant or probable cause is ILLEGAL, and you can file a civil rights lawsuit against all those involved both in their official capacity and as individuals.
Below, is more generalized advice about what to do when animal control comes to your door. WHAT
TO DO WHEN ANIMAL CONTROL COMES KNOCKING
1. Remain
silent. Answer no questions until you have consulted with a lawyer.
4. Don't allow strangers into your home until
you have screened them. Be sure to contact the mayor and let him know you want a stop put to this NOW. Call, or write or email the mayor and let him know that this cannot and will not be tolerated. |
Louisville's
Animal Ordinance
Louisville's controversial Dog ordinance is currently being
challenged in Federal court. This has been a long process and there has been no
real updates. However, we will be monitoring the situation and will post updates
as more information becomes available. The lawsuit is also very expensive, yet
if won, could potentially have an effect on all such bad pets laws in the U.S.
by setting a precedence.
If you would like to read the
actual final ordinance click part 1 or part 2 below
(Adobe Acrobat Reader is required)
Below is an article by John Yates of the American
Sporting Dog Alliance. They have been working hard to defend sportsmen and
pet owners a like from the same horrible types of laws that was recently
password in Louisville. Please take a moment to read through the article
below and learn how the HSUS tricks lawmakers into writing really bad laws.
HSUS Lies To Congress, Public About New `PUPS' Legislation Would Call Out
Feds On Many Non-Breeding Kennels
by JOHN YATES
American Sporting Dog Alliance
WASHINGTON, DC – The Humane Society of the United States is pushing new
federal legislation that the radical animal rights
group claims is aimed at stopping large dog breeding kennels that skirt the
law. According to HSUS, the legislation targets
only kennels that sell more than 50 puppies a year. The bill's sponsors,
Senator Richard Durbin (D-IL) and Rep. Sam Farr
(D-CA), repeat those claims. They are lying through their teeth, an American
Sporting Dog Alliance analysis of the actual
legislation shows. In fact, the legislation targets almost every
boarding, day care, training and handling kennel in America,
along with many hunt clubs and hunting plantations. It also impacts many
serious hobbyists, who have a lot of dogs even though they only raise a
couple of litters of puppies a year, our analysis shows Rep. Farr is the
prime sponsor of H.R. 6949,
and Sen. Durbin is the sponsor of its companion bill in the Senate, S. 3519.
The formal name of this legislation is the "Puppy
Uniform Protection Statute," or "PUPS." It also has been nicknamed "Baby's
Bill," after a rescued dog from a commercial
kennel that is touring the country with its owner, Chicagoan Jana Kohl. Kohl
is on an HSUS-sponsored campaign against
"puppy mills," and has visited several states. Her recent book includes a
photo of presidential candidate Barrack Obama, and
his reported commitment to clamp down on "puppy mills." The legislation is
an amendment to the federal Animal Welfare Act, which requires federal
licensure of commercial kennels (called "dealers") who sell puppies
wholesale to brokers or pet
stores. This law does not regulate people who sell dogs and puppies directly
to the consumer.
HSUS calls this a "loophole," and has been pushing for many years to include
kennels that sell directly to the buyer. Previous
attempts, such as the Pet Animal Welfare Act and Sen. Durbin's attempted
amendment to the 2008 Farm Bill, have failed.
The PUPS legislation is the latest attempt by HSUS.
Here is how HSUS describes the legislation: "The Humane Society of the
United States and Humane Society Legislative Fund
commend federal lawmakers for introducing bills that will crack down on
abusive "puppy mills" in the United States — where
breeding dogs are often stacked in wire cages for years to produce litter
after litter. The legislation will close a loophole in
the Animal Welfare Act that currently allows large, commercial breeders who
sell puppies online and directly to the public to
escape licensing and regulation."
Here is the HSUS description of who will be affected: "All dog breeders who
sell more than 50 puppies per year directly to the
public will be federally licensed and inspected…The bill will not affect
small breeders and hobby breeders who sell fewer
than 50 dogs per year directly to the public, but is crafted to cover only
the largest commercial breeding facilities."
Press releases by Sen. Durbin, Rep. Farr and other members of Congress echo
those claims.
Here is what the legislation actually says, in sections defining a dealer
and who is exempt from licensure as a dealer.
A person or kennel owner who "does not breed or raise more than 50
dogs for use as pets during any one-year period" and
who sells dogs or puppies "directly to the public for use as a pet" is
exempt from licensure and regulation as a dealer. Any
dog is defined by the Act as a pet, regardless of its use or purpose. Thus,
a person who meets that definition does not
require a federal license.
The words "breed or raise" are an obvious and deliberate attempt to snare
many kennel and dog owners in federal
regulations, including many kennels that do not breed at all. The language
is very ambiguous and could be interpreted to
include virtually anyone who has a lot of dogs.
The term "raise" is not defined in the legislation, but is generally
interpreted to mean a person who keeps, cares for, houses
or owns a dog or dogs.
Most professional trainers and handlers of field trial, show, obedience or
performance dogs would have more than 50 dogs in
their kennels over the course of a year. In fact, many trainers and handlers
who employ helpers would have more than 50
dogs at any given time, and most do not breed at all.
A boarding kennel, dog daycare service, hound hunt club, hunting plantation
or circus could be included under a definition
that they "raise" more than 50 dogs per year. Even many private field
trialers and show dog people would have more than
50 dogs a year in their kennels, as they often keep most of the puppies they
produce to evaluate. For field trial dogs, for
example, it often takes two or three years of working with a young dog to
determine if it is worthy to use for competition or
breeding.
A favorite tactic of HSUS is to deliberately use ambiguity in model
legislation in order to entrap as many kennels and dogs in
the law as possible, going far beyond the stated purpose. If HSUS and its
elected cronies had wanted to be honest, the
legislation simply would say that it excludes anyone who sells fewer than 50
puppies a year.
It is obvious that truth is not their highest priority. The HSUS propaganda
mill for this legislation continues to attack
people who use the Internet to sell dogs or puppies. It attempts to link
Internet sales with sick puppies and shoddy "puppy
mills." In fact, almost all of America's finest kennels in every breed have
a presence on the Internet. Most have websites,
and many run online advertisements to sell individual dogs and litters of
puppies. If anything, a good case could be made
that it is almost impossible to buy a high quality puppy from a kennel that
does not make use of the Internet. The Internet
simply is a reality of modern life, and a reported 80-percent of American
households use it. This smear campaign is simply
another attempt by HSUS to tar dog breeders with the broadest possible
brush. At best, it shows complete ignorance of the
real world of dogs. At worst, it shows a vicious attempt to defame honest
and conscientious people who raise dogs.
HSUS is not an animal welfare organization. It has nothing to do with local
humane societies. Instead, it is a political action
and lobbying arm of the radical animal rights movement that continually
pushes for tighter restrictions on animal ownership,
with each piece of legislation making a step toward its ultimate goal, which
is the total elimination of animal ownership in
America.
Another section of the legislation requires all dogs kept in federally
licensed kennels an hour of exercise a day, divided into
at least two separate periods. Dogs would be removed from their primary
enclosures and allowed to walk for these exercise
periods. The final section of the legislation specifically allows states to
adopt more stringent standards. While a member of
the California Assembly, Farr also authored legislation to severely regulate
dog breeding. Co-sponsors of PUPS in the Senate
are Sen. Dianne Feinstein [D-CA], Sen. Claire McCaskill [D-MO], and Sen. Ron
Wyden [D-OR]. House co-sponsors are Reps.
Judy Biggert (IL), Lois Capps (CA), Terry Everett (AL), Barney Frank (MA),
Elton Gallegly (CA), Jim Gerlach (PA),
Patrick Kennedy (RI), Mark Steven Kirk (IL), Daniel Lipinski (IL), Betty
McCollum (MN), Thaddeus McCotter (MI), James
McGovern (MA), Dennis Moore (KS), James Moran (VA), Patrick J. Murphy (PA),
Jerrold Nadler (NY) and Janice Schakowsky
(IL).
The American Sporting Dog Alliance is urging all dog and kennel owners to
immediately contact their congressman and
senator and ask them to vigorously oppose this legislation.
Here is a link for contact information for senators:
http://www.senate.
Here is a link to contact information for the House of Representatives:
http://www.house.gov/house/MemberWWW.shtml
The American Sporting Dog Alliance represents owners, breeders and
professionals who work with breeds of dogs that are
used for hunting. We welcome people who work with other breeds, too, as
legislative issues affect all of us. We are a
grassroots movement working to protect the rights of dog owners, and to
assure that the traditional relationships between
dogs and humans maintains its rightful place in American society and life.
The American Sporting Dog Alliance also needs
your help so that we can continue to work to protect the rights of dog
owners. Your membership, participation and support
are truly essential to the success of our mission. We are funded solely by
the donations of our members, and maintain strict independence.
Please visit us on the web at
http://www.americansportingdogalliance.org Our email is
asda@csonline.
directions to join by mail or online are found at the bottom left of each
page.
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