LA Mandatory S/N Lawsuit Update - 3-21-08

 

Dana Johnson Legislative Director

Becca Riggs Deputy Legislative Director

Michelle Kramer Deputy Legislative Director for Website Development


 Ban the Deed not the Breed Magnets and Donations.  Support our cause and speak your mind or donate. More...


Paws4Laws is a nationwide project to help you communicate with your local legislators about anti-canine legislation


Breed Specific Legislation is Like Racial Profiling

BSL punishes dogs for being a certain breed rather than their deeds.  It is designed to place restrictions on owning specific breeds of dogs. The most common kind of breed specific legislation completely bans all dogs of a certain breed. This means that all dogs of the banned breed must be removed from the area or euthanized.  More...


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The DPCA Legislative Committee Welcomes You!

DPCA Legislative Committee Mission

Our mission is to become the leading voice for educating the public, as well as civic, community and political leaders, about the importance of reasonable laws and regulations that promote responsible animal ownership and preserve the human-animal bond; particularly where the welfare of the Doberman Pinscher is concerned.  To accomplish our mission we are committed to:

(1)  Educating the public as well as civic, community and political leaders and providing resources and information about the historic importance of the Doberman Pinscher in the United States and the crucial role that working dogs play today;

(2) Support reasonable and humane animal welfare laws that promote the right to own dogs and encourage responsible ownership practices;

(3) Oppose legislative efforts that would restrict the rights of responsible dog owners;

(4)   Actively create societal and legislative awareness that dogs must not to be discriminated against based upon their breed.


Paws4Laws

The American Rottweiler Club has launched a nationwide project to help you communicate with your local legislators about anti-canine legislation. Issues include proposals concerning: mandatory spay and neuter, guardianship, ear/tail docking, breed-specific legislation, and home insurance. These proposals have the potential to negatively impact your life as a dog owner, exhibitor, competitor, or pet owner. More...


Los Angeles Mandatory Sterilization Ordinance

The City of Los Angeles passed a Mandatory Sterilization Ordinance on February 12th. This ordinance will have an unfavorable impact on hobby breeders and pet owners alike.

Similar legislation was passed in Louisville, KY over a year ago and a coalition of dog/cat owners, kennel clubs, and concerned citizens have challenged that Ordinance in federal court. Their expenses so far have exceeded $100.000.00. Their effort has been funded by donations from not only locals but clubs and individuals all over the country.

Seeing the progress and hopefully successful effort in Louisville, some of us in California have decided to mount a similar effort against the City of Los Angeles. This is not a “new group” like PetPAC, NAIA, CA Federation of Dog Clubs, CDOC, or other groups who combined efforts to fight and stall AB1634 (the erroneously named CA Healthy Pets Act) in the 2007 legislative session. This effort is mounted by knowledgeable individuals who are incorporated as a 501c4 in the State of California.

CaRPOC was formed to be "project oriented" and compliment the other hard working groups.  The prospect of a lawsuit against Los Angeles was their first "project".

CALIFORNIA
RESPONSIBLE
PET
OWNERS’
COALITION



March 21, 2008

Dear Responsible Pet Owner,

As we indicated in our February appeal, we retained Greenberg Traurig, LLP to represent us in CaRPOC's pursuit of a possible legal challenge to the mandatory spay/neuter ordinance recently enacted by the City of Los Angeles. The decision to retain Greenberg Traurig was based on the fact that the firm has a successful history of involvement in dog and other animal-related legislation and was actively involved in the fight against AB1634 last year. Greenberg Traurig have 25 years experience influencing government. During that time, they have represented pharmaceutical companies, consumer product manufacturers plus other for profit and non-profit entities in connection with animal legislation and regulation. Their experience goes far beyond animal issues, including more than 25 years of holding government accountable. They have successfully invalidated both statutes and regulations when government has overreached its authority or otherwise infringed on legally protected rights.

The first task for Greenberg Traurig was to do a comprehensive legal analysis, research, and recommendation regarding a possible course of action in Los Angeles. We received a copy of their preliminary findings and recommendation late last week. We will make available a summary of the analysis after we've had a chance to study it in detail. They are also writing an addendum to their initial analysis, which will also be synopsized after we receive it from them.

Unfortunately, based on Greenberg Traurig's research and analysis, they do not think we have a "winnable" case at this time. They recommend against going forward with a lawsuit out of concern that a loss could establish a detrimental legal precedent to possible suits elsewhere. This is especially important in light of the American Canine Foundation v. Sun, November 27, 2007 case http://www.websupp.org/data/NDCA/3:06-cv-04713-87-NDCA.pdf, which upheld the Los Angeles County mandatory spay/neuter/microchip ordinance and which has already set a poor precedent. If we proceed with a weak case and lose, it will create another judicial opinion upholding essentially the same language as the L.A. County ordinance. That would reinforce a dangerous precedent, because Animal Rights extremists and legislators would herald the ordinance as a model law that had already passed legal scrutiny. However, CaRPOC may consider pursuing a legal challenge in the future if the law is unequally enforced, which could possibly create an appropriate test case.

Since CaRPOC currently will not proceed with a legal challenge to the City of Los Angeles’ ordinance at this time, contributors have the option of requesting a refund of their donations. However, we hope that you will consider leaving your contribution with us as CaRPOC has already expended a great deal of money to retain Greenberg Traurig to do their initial analysis and render an opinion. We appreciate your support and assistance in helping to defray these costs.

Florence Blecher, President
Stormy Hope, Vice President
Peri Norman, Secretary/Treasurer

CARPOC - 11301 OLYMPIC BOULEVARD., SUITE #121-596, LOS ANGELES, CA 90064