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Federal Judge Rules on the Lawsuit against Louisville Metro.



Judge tells father to get rid of his dogs if he ever wants to see his dogs again.



HSUS Exposed - Story got buried quickly

A video produced by an Atlanta news crew exposed the HSUS by showing how little money they actually give to help animals. That video was taken down within 24 hours. The HSUS has apparently managed to hunt that video down and block it t every turn. Click here to read the story.
 

 

 

Links:

 




 

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,
DO NOT
tell the buyer where you live, where the puppies were born, or any other information that could be used by LMAS to track you. If you do not know the buyer personally, DO NOT allow them to come to your home, and DO NOT meet them anywhere inside Jefferson County to show them either parent dogs or puppies.

         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
by George J. Eigenhauser Jr.
(He is an attorney at law licensed in the State of California since 1979 and practices in the areas of civil litigation and estate planning)

ANTI-DOG ENFORCEMENT - What Every Dog Owner Needs to Know
Dog owners and ethical breeders are increasingly being targeted. Disgruntled neighbors may retaliate against dog owners and may other reasons drive complaints, and anti-dog enforcement action, which many times may be conducted illegally.
The following text outlines methods of inquiry and enforcement which may be used by local officials in attempts to enforce ordinances in your community and suggested techniques of response. These techniques are entirely legal and based upon the rights of citizens as stated by the U.S. Constitution.
No breeder wants to have Animal Control come knocking on the door...but if they do, it will help if you know what your options are.

Remember, Animal Control is law enforcement. They are bound by the same Constitution as any other government agency. To protect yourself, you need to know your rights. These vary slightly one jurisdiction to another, but some general principles apply. One rule applies everywhere: never physically resist an officer.

When Animal Control is At Your Door:
1. Do not let them in, no matter how much they ask. Animal Control generally cannot enter your home without a warrant, or your permission. While regular police can enter in emergency situations when human life is at risk (i.e. they hear gunshots and a scream inside), there are few, if any, situations in which Animal Control can enter your home without a warrant. Simply tell them they may not come in.
 

2. If you let them in, anything they find in "plain sight" can be used against you. In some circumstances Animal Control officers, unable to find a legitimate reason to make an arrest, have reported building or zoning violations. This may include caging you attached to a wall without a building permit, that extra outlet in the puppy room, having more pets than allowed by zoning, even extension cords in violation of fire codes! No matter how clean your kennel, if they want to find a violation, they will.
3. Do not talk to them from an open doorway. Step outside an close (and lock if possible) the door behind you. This is necessary because:
     
A) Anything they see through the open door is "plain sight" and may be the basis for an arrest, or probable cause for a search warrant.

     
B) If they make an arrest or even feel threatened they are usually permitted to search for weapons in your immediate area. Do you keep a baseball bat inside the door for your protection? Even if you don't, once they step inside to look, they are in your home and may continue to search.

     
C) It is hard not to be intimidated by someone in authority. Some animal control is even done by local police, who carry guns. It is easy for them to get "in your face", causing you to back up into the home. Once you go in, it will be interpreted as an invitation to follow.


4. If they claim to have a warrant, demand to see it. In general, a search warrant must be signed by a judge. A warrant to search your home for dogs does not include an inventory of your jewelry box. A warrant to search your kennel in the garage or in the barn does not include a search of your home.

 
5. In some locations dog owners may have obtained special "breeder permits" that stipulate that Animal Control has your permission to enter at any time. If you have signed such a permit they still cannot enter against your wishes, since you can revoke the permission at any time. However, if you refuse permission it may allow them to cancel your breeder permit, so you have to weigh the consequences.


6. Warning - anyone in lawful possession of the premises may be able to give permission for a search. Make sure your roommate, babysitter, dog-sitter, housekeeper and other know that they should not let animal control into your home or on your property (i.e. backyard, garage, etc.).
 

How to Handle Questions:
1. Don’t answer any questions beyond identifying yourself for the officer. Anything you say to the officer in your defense cannot be used in court (hearsay). Anything you say that is harmful to you will be used in court (confessions are not considered hearsay). You cannot win, except by remaining silent.
2
. Be polite but firm. Do not argue, bad-mouth, curse, threaten or try to intimidate the officer.


3. Do not lie to an officer, ever. However, it is NOT a lie to exercise your right to remain silent.


4. Keep your hands in plain sight. People have been shot by police when common objects, such as a wallet, were mistaken for a gun.


5. Do not touch the officer in any way. Do not physically resist an officer, no matter how unlawful his or her actions.


6. Don't try to tell your side of the story, it cannot help.


7. Do not threaten the officer that you plan to file a complaint for their actions.


8. If the questioning persists, demand to speak to a lawyer first. Repeat as necessary.


Gathering the Facts
:

1. Get the name and badge number of each officer involved. If he/she does not volunteer this information, ask.
2. Ask the name of the agency they represent. Different agencies have different enforcement responsibilities.
3. Ask why they are there. Request the factual basis of the complaint and the identity of the complainant.
4. If they have other people with them (Humane Society, press, etc.) get the names and organizations for all present.
5. Note the names (and addresses) of any witnesses to the encounter.
6. If you are physically injured by an officer, you should take photographs of the injuries immediately, but do not forego proper medical treatment first.
7. Write down all of the information, as well as the date and time of the incident immediately, while details are fresh in your mind.
8. If you rights are violated, file a complaint with the appropriate body.

If You Are Arrested:

1. Remain silent. Answer no questions until you have consulted with a lawyer.

2. Don't "explain" anything. You will have time for explanations after you have talked to a lawyer.


3. Within a reasonable time they must allow you to make a phone call to get a lawyer or arrange bail. They are not allowed to listen to your phone call to your attorney, but they may "monitor" the rooms for "your protection". Do not say anything you do not want them to overhear; save that until after you are out on bail.


Telephone Inquiries or Threats:

You may receive telephone inquiries concerning the number of dogs you own and whether any dogs or puppies are for sale. Other questions may also be asked.

Your response should be to inquire "Are you interested in a puppy?". If the answer is "yes", ask that person for his/her name, address and phone number. Suggest that you or a responsible breeder will contact that person at a more convenient time for you.
If the answer is friendly and genuinely inquisitive, invite the person to look at your puppies.
If the question asked is "What is the price of each puppy?", simply say that puppies of this type are being sold for between "X" and "Y" dollars. Never say that you are selling them.
If the question asked is "Are these your puppies?", you should ask, "Why do you want to know?".
If you conversation indicates that the person is representing the county clerk's office or allegedly representing an official body, ask the caller for:

-Full name, title and phone number
-Agency's full name and full address
-Their supervisor's full name and phone number
-Nature of the inquiry (what it is about)
-Why the inquiry is being made
-How your name and phone number were obtained
-Ask that all future questions from that agency be submitted in writing

Preventative Measures:
1. Always keep you kennel clean and take good care of your animals.

2. Consider a P.O. Box or other address for business cards and advertisements. Keep descriptions of your location general (i.e. Southern California, rather than the name of the city where you live). The internet can provide anonymity for initial contacts. You can even buy a "remote prefix" to get a number from a nearby community forwarded to your phone or to a voice mail. Avoid local newspaper classifieds, they are often monitored.


3. Screen any potential puppy buyers carefully. Always be alert that they may be Animal Control or even Animal Rights working under cover.

 

4. Don't allow strangers into your home until you have screened them.

5. Be fair and honest in all of your dealings, and be on good terms with your neighbors. Most animal control contacts are complaint-driven. Some complaints may arise as harassment by people with unrelated grievances against you. It may be a disgruntled dog buyer or a cranky neighbor who doesn't like you parking in front of his house.


6. Anything about you that can be observed in "plain sight" from the street or sidewalk can become probable cause for a warrant. Even areas on your property open to visitors can be dangerous. Be aware of which areas of your home are visible from the outside and plan accordingly.


7. If you are confronted by Animal Control and turn them away, assume they will be back. Use the time available to make sure everything is clean and presentable. If you are over the limit on the number of pets, find friends who can provide temporary shelter for your dogs.

Whatever you do, stay calm and keep your wits about you.
Just say "no", no matter what threats or promises of leniency they make.
When in doubt, say nothing and speak to a lawyer afterwards.


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.

Office of Mayor Jerry Abramson
Metro Hall / 4th Floor
527 W. Jefferson St.
Louisville, KY 40202
(502) 574-2003


 

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)

Ordinance in Full (2.3 Mb)

Ordinance Part 1 (1.1Mb)

Ordinance Part 2 (1.2MB)


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.gov/general/contact_information/senators_cfm.cfm

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.net. Complete
directions to join by mail or online are found at the bottom left of each page.

 


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