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URGENT WARNING:
It seems that Louisville Metro Animal Services (LMAS) has entered the next phase in it's attack on local pet owners. It has recently been reported to us that LMAS has put together a "task force" to hunt down anyone who has puppies or kittens for sale or placement. When they find someone with puppies or kittens for sale or even free placement to a good home, they are confiscating the animals, and forcing the owners to pay HUGE fines (In excess of $300 per puppy / kitten). They are also confiscating the parent dogs and forcing the spay neuter of them as well. (And you thought this was a pit-bull law???) This is apparently how it goes down: A member of the Task Force contacts people who have advertised puppies or kittens in the Courier-Journal, or on websites (Like LouisvilleMojo.com, or craigslist.com, and possibly even the adoption pages here on Louisville-pets.com (and possibly other sites). This member, a Louisville Metro ACO, poses as a puppy buyer, and when granted access to the property in that guise, does an inspection. Then, immediately upon leaving the property, the ACO signals to the other members of the Task Force (which inexplicably include Louisville Metro Police Officers), who then arrive on the doorstep demanding entry and threatening to seize the animals. Up to this point, ACOs have been granted access and animals have been seized. Those animals are not returned to the owner without extortionate fines (well over $300 per animal), and penalties including spaying/neutering of the parents and vaccinations of the puppies regardless of age. We have confirmed that
these reports are true. We recommend all pet owners learn and
exercise their rights under the law. IF YOU FIND YOURSELF IN THIS SITUATION: DO NOT PANIC! Remain calm. Do not speak or act in an aggressive or threatening manner in any way. Be polite! Be sure to step outside of your door and close it behind you. (and lock it if you can) while you are speaking with them. REFUSE ENTRY to Police and ACOs alike UNTIL A SEARCH WARRANT IS PRODUCED. Remember, they are not above the law. Regardless of what they may tell you, they cannot enter your premises without a VALID warrant. Once you let them in, there is nothing you can do. If you let them in without a warrant, they can take your animals, and spay/neuter them before you have a chance to fight it. So do yourself and your animals a favor and don't let them in without a warrant. Even if they have regular police officers with them.. Regular police officers do not replace the need for a warrant! They will likely try to intimidate you. Don't fall for it. If they do show up with a warrant, we also suggest that you carefully read the warrant and that you make sure that it accurately describes your property, AND the probable cause upon which the warrant is based. Also, make sure that the warrant is signed by a judge. Warrants that are not signed by a judge are not worth the paper they are written on.
CONTACT AN ATTORNEY IMMEDIATELY AS SOON AS YOU SEE THE ACO! -
If you do not have an attorney, we know that attorney Pat King has a
known interest in animals and animal issues and may be available to
help. His contact information is listed below. But no matter what,
get an attorney. The person profiled in
the
WHAS11 story is considering filing a lawsuit under Section 1983
(Federal Civil Rights Act), which provides that attorney fees and
damages can be awarded to the plaintiff. Attorneys are also
considering naming the Mayor and LMAS Director individually. If you
have been targeted by LMAS,
please contact
us immediately. Regardless of your stance on breeders (professional, backyard, hobby, and puppy mills) this type of action by the government is a direct assault on the rights of the people (Specifically the right securing us from unwarranted search and seizures) After all, if they are willing to ignore this simple right for people that have puppies, then where does it end? What rights will be stripped away next? Where does it stop? One thing is for certain, the loss of rights and liberties for one person or one group, is only the beginning. If the government is allowed to get away with this.. You can bet there will be more.. Oh yeah, and in case you have not heard, the mayor was talking about having to lay off police and firemen the other day. Seems like the cities needs would be better served by keeping police and firemen on the job and firing the LMAS director. That alone would save $100,000/year. If you agree, 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.
Want to know some of the problems with this ordinance? Click here?
Below is a recent 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.
Since Louisville-Pets.com is a community based site, we will be posting articles and opinions submitted by local and national writers. So if you have written or would like to write an article and would like to have it posted on Louisville-Pets.com, let us know. If you are sponsoring or know of an upcoming pet or animal related event, let us know. Have an idea for the site you would like to see implemented? Let us know. Have a special product or service you would like to provide Louisville-Pets.com visitors with? Let us know.




