Panel approves bill to lessen cockfighting penalties

2003-02-19
By Ron Jenkins
Associated Press Writer

OKLAHOMA CITY - A state Senate committee on Wednesday approved a bill that would decrease the penalty for cockfighting from a felony to a misdemeanor.

The measure rewrites an initiative adopted by voters last November by a margin of 124,000 votes.

The bill now goes to the Senate floor, where its author, Sen. Frank Shurden, said its approval is not assured. "It will be a close vote," he said.

Officials with the Oklahoma Coalition Against Cockfighting were not immediately available for comment Wednesday night after the committee action.

The bill was approved on a show of hands in the Senate Appropriations Committee despite objections that it amounts to overriding the will of the people.

Shurden, D-Henryetta, pressed the bill after withdrawing his earlier plan to legalize cockfighting in the 57 counties that voted against the ban and its penalty provisions.

The vote on State Question 687 left cockfighting legal in only two states, Louisiana and New Mexico. Cockfighting is an ancient blood sport in which roosters are fitted with metal gaffs or knives, sometimes fighting to the death.

"It is wrong to make felons out of people for raising chickens," Shurden said.

The state question made it a felony to own or raise fowl for fighting.

Participating in cockfights also would be a misdemeanor under Shurden's bill. The penalty would be a $500 fine and up to a year in jail. Attending a cockfight would be a misdemeanor carrying a $200 fine.

Sen. Mark Snyder, R-Edmond, said the public knew what they voted on last November.

"The majority has spoken. We have a responsibility to the public to accept their will," Snyder said.

Shurden said rural Oklahoma had been victimized by a smear campaign by animal rights activists pushing the cockfighting ban.

He said the ban passed only because of a heavy vote for it in the metropolitan areas.

"They threw it down the throat of the people in these rural areas," said Sen. Jeff Rabon, D-Hugo.

Twenty-seven of the 31 committee members present raised their hands in favor of Shurden's bill, which now goes to the Senate floor for consideration. There was no recorded vote.

Source: http://www.oklahoman.com/cgi-bin/show_article?ID=988859&pic=none&TP=getarticle


 
Groups seek to strengthen anti-cockfighting law

02/20/2003

By PETER PRENGAMAN, Associated Press Writer

Animal rights groups are pushing legislation to crack down on Oregon's cockfighting.

They are hoping to get a boost from a new federal law that outlaws interstate transport of the birds.

Cockfighting has been illegal in Oregon since the 1970s. But animal rights activists say it's still widespread.

The groups are pushing for a law that would make cockfighting a felony instead of a misdemeanor. It would also make it a crime to raise the birds for fighting purposes or transport them to places where cockfighting is legal.

The same bill passed the House and then died in the Senate during the 2001 session.

The federal law was passed last year and will take effect this May. Though New Mexico and Louisiana still permit cockfighting, it will be illegal for the birds to be transported to those states.

(Copyright 2003 by The Associated Press. All Rights Reserved.)

Source: http://www.kgw.com/news-local/stories/kgw_0220_news_cock_fighting_law.c22c0e.html


 Bill against cockfighting resurrected

By Peter Prengaman, Associated Press Writer

SALEM - Animal rights groups are pushing legislation to crack down on Oregon's cockfighting aficionados, hoping to get a boost from a new federal law that outlaws interstate transport of the birds.

Cockfighting has been illegal in the state since the 1970s. But animal rights activists say it's still widespread, and often mixed with other illegal activities, such as gambling and drugs.

The groups are pushing for a law, HB2086, that would make cockfighting a felony instead of a misdemeanor. It also would make it a crime to raise the birds for fighting purposes or transport them to places where cockfighting is legal, such as Mexico and the Philippines.

The same bill passed the House and then died in the Senate during the 2001 session.

"With the passage of the federal law barring interstate transport, there is no logical reason to possess fighting birds," said Wayne Pacelle, senior vice president of the Humane Society. "The only thing they can do with these birds is engage in criminal conduct."

The federal law was passed last year and will take effect this May. Though New Mexico and Louisiana still permit cockfighting, it will be illegal for the birds to be transported to those states.

Breeders said they'll appeal the transport ban because it violates the North American Free Trade Agreement. They also described the proposal as overkill, and an infringement on their rights.

"This is people in condos who are making decisions for people in rural areas," said Larry Mathews, who represents the Oregon Gamefowl Breeders Association.

Mathews said many of the 450 breeders in Oregon raised the birds for non-fighting purposes, such as bird shows and food for Asian countries, where many people prefer rooster meat to chicken.

Though the law won't prohibit breeding, Mathews said the end result will be the same. That's because breeders won't want to risk a felony charge if the buyer ends up using the birds for cockfighting, he said.

Rep. Max Williams, a Tigard Republican who is chair of the Judiciary Committee, said the worries are unnecessary. He said a similar ban on raising dogs to fight hasn't stopped the breeding of pit bulls.

Williams' committee was expected to begin hearings on the bill Thursday.

Sen. Roger Beyer, who headed efforts to defeat the bill last session, said he's ready to fight it again.

"You can't tell the difference between a bird raised for cockfighting and (one raised) for a show," said the Molalla Republican. "This is a terribly gray area. You will force people out of the business of raising birds."

Source: http://www.theworldlink.com/articles/2003/02/20/news/news11.txt


Police probe counts 770 cockfights, massive bets

By LILA FUJIMOTO 

Staff Writer

WAILUKU — Police conducted surveillance of 770 cockfighting matches at three Maui locations during a nearly yearlong investigation that led to more than 30 arrests last month.

Thousands of dollars in bets were placed during the matches, with derby or team competitions providing first-place prizes of $80,000 to $100,000, said police Sgt. Sterling Kiyota of the Vice Gambling/Morals Unit.

He described the investigation called “Operation Down the Hatch” at a Maui County Police Commission meeting Wednesday.

Kiyota said police have arrested 32 of 35 Maui residents indicted in the investigation of organized crime schemes, on charges ranging from misdemeanor gambling to racketeering, a felony that carries a penalty of up to 10 years in prison and a $25,000 fine. Those arrested have been ordered not to attend or be involved in cockfighting or illegal gambling after they were released on bail while awaiting trial.

Police said the investigation and arrests dismantled two criminal organizations involved in illegal cockfighting and gambling.

The racketeering charges, which allege involvement in organized illegal activity, were brought based on evidence of felony gambling, Kiyota said. To bring a felony charge of first-degree promotion of gambling, police had to show that more than $1,000 in profits was received during a seven-day period.

Kiyota said police received information that the groups organizing the illegal gambling operations collected $100 as a share of each cockfight. “So if there were 11 or more fights, we had the felony,” he said.

He said those indicted for being involved in the organized criminal activity assumed various roles at the cockfights including referee, security guard, money handler, concession operator and weigher of birds.

Indictments in the cases cover the period from Feb. 11 to Dec. 15 last year.

Kiyota said the cockfighting matches observed as part of the police investigation included three major sites: 

— 423 matches at the old Maui High School campus at Hamakuapoko, where matches were held every Sunday. 

— 177 at Old Maui Block in Waikapu, where matches were held every Wednesday. 

— 170 at the Kahului end of the drag strip at Maui Raceway Park in Puunene, where matches were scheduled every Saturday.

Officers didn’t observe illegal drug transactions at the cockfights, “but there’s known drug people that attend,” Kiyota said.

Typically, 50 to several hundred people would attend the cockfights, with some observers wagering among themselves while those participating in the cockfights were making bets against each other, Kiyota said.

In a derby, which involves team competition during multiple matches, the top prizes would be $80,000 to $100,000, he said.

Vice Gambling/Morals Unit officers involved in the investigation also included Brian Abe, Stephen Orikasa and Edwin Arreola, who all have been promoted to sergeant.

Assistant Police Chief Gary Yabuta said the police crackdown on cockfighting has continued, noting 14 people were arrested on cockfighting charges last month.

The arrests included four made during two raids conducted on Jan. 18 at a dirt lot near a dumping area in Hana. About 100 people were attending the cockfights when officers dispersed the crowds and made arrests.

Source: http://www.maui.net/~mauinews/lnews4a.htm

 

 
HSUS Says................
 
 
New Mexico: Ban Cockfighting


Purpose: H.B. 559 would make New Mexico the 49th state to ban cockfighting.

Status: H.B. 559 is pending before the New Mexico House of Representatives.

Background: New Mexico is one of only two states where the cruel practice of cockfighting remains legal. In cockfights, roosters have razor sharp knives attached to their legs, are given adrenaline boosting drugs to heighten aggression, and are then placed in a pit to fight to the death. Even the birds that "win" often die from their deep stab wounds. Cockfighting is often associated with other criminal conduct, such as drug trafficking, illegal gambling, and violent crime.

What You Can Do: Cockfighters are already organizing letters and calls to their representatives. Please contact your state representative and state senator and urge them to support H.B. 559.

The Honorable ______________________
State Capitol
Santa Fe, NM 87501
Switchboard: 505-986-4300
Fax: 505-986-4610
 


 
HSUS Also Says................
...........It now appears, though there is no definitive confirmation at this time, that the initial outbreak of END originated with fighting birds........
 
But, You Don't Think Those Anonymous Experts That Provided That Statement Used In The Mainstream Media Could Have Been AR Planted For Their Own Political Agenda, Do You?
 
February 20, 2003

The Honorable Ann Veneman
Secretary of Agriculture
U.S. Department of Agriculture
1400 Independence Ave., SW
Washington, D.C. 20250

Dear Secretary Veneman:

The outbreak of Exotic Newcastle disease (END) in southern California is a tragic circumstance for all concerned. Federal and state authorities are killing millions of healthy birds as a means of containing the transmission of the highly infectious disease; USDA is using taxpayer dollars for on-the-ground containment activities and compensation of flock owners whose birds are ordered depopulated; and bird owners are faced with the loss of their animals and the economic and emotional disruption associated with the execution of these plans and on-going prevention. The Humane Society of the United States (HSUS) has learned that the U.S. Department of Agriculture has already spent in excess of $40 million on containment and compensation, and we have heard total cost estimates of $250 - $500 million before the disease runs its course.

It now appears, though there is no definitive confirmation at this time, that the initial outbreak of END originated with fighting birds. Indeed, this is no surprise to The HSUS. There is a national and international network of organized cockfighters. Professional fighters legally and illegally ship and transport fighting roosters as a matter of routine. Because there are 48 state laws against cockfighting and a federal law against animal fighting, there is no regulatory program for disease testing of fighting birds. It is an underground and criminal industry, and the policy-making trend is for legislators to adopt stronger laws to crack down on cockfighting, with 28 states now imposing felony-level penalties for illegal cockfighting. Thus, there can be no reasonable or justifiable rationale for initiating any routine testing programs for organized criminal enterprises.

As you know, last year’s Farm bill included a provision to close the loophole in Section 26 of the Animal Welfare Act that had allowed some interstate transport and exports of fighting birds, with an effective date of one year from the date of enactment. The Congress acted to strengthen Section 26 because of concerns about animal cruelty and other criminal activity associated with dogfighting and cockfighting. It now appears that there is an additional and very compelling argument for an interstate and export ban: halting the movement of fighting birds in order to prevent the spread of END.

The transportation of live birds for fighting poses a major risk of END transmission. As mentioned above, the birds are not tested, and any interstate movement, imports, or exports of fight cocks will be illegal as of May 2003. In addition to the risks associated with the point-to-point commercial movement of fighting birds, fight venues are particularly dangerous hot spots for the transmission of the disease. Cockfighters at a major “derby” may assemble from a dozen or more states to fight birds. An infected bird brought to a cockfight may pass on the disease to other birds, and gamecock owners may bring newly infected birds that survive the fights back to their home states.

The USDA has not properly enforced the current provisions of Section 26, though we are very heartened by recent discussions and collaboration with USDA’s Office of Inspector General. We are not aware of any federal enforcement cases against cockfighters for violations of the interstate prohibitions that have been in place since 1976. This is a particularly noteworthy failure given the widespread and well-known illegal commerce in fighting birds that routinely occurs and is sometimes even advertised in cockfighting magazines such as The Gamecock and The Feathered Warrior. On a number of occasions, The HSUS has alerted USDA to illegal animal fighting operations, and no enforcement activity ensued.

Now that the Congress has strengthened federal law, we hope that USDA will take an aggressive approach to enforcement when the new provisions take effect in May. The circumstances surrounding the outbreak of END in California, Arizona, and Nevada provide sufficient reason for a decisive USDA response. Cracking down on this industry and arresting these organized criminals may prevent future outbreaks of END and obviate the need for the expenditure of tens of millions of taxpayers’ hard-earned dollars on containment and compensation programs.

Congress has taken a much keener interest in illegal animal fighting ventures since 1999. In the 108th Congress, Senators John Ensign, Wayne Allard and Maria Cantwell and Representatives Rob Andrews and Roscoe Bartlett plan to introduce legislation to impose felony-level penalties for violations of Section 26 of the Animal Welfare Act and to ban any interstate movement of cockfighting implements. We hope that you and the USDA issue a forceful endorsement of this legislation. Your predecessor, former Secretary Dan Glickman, endorsed the strengthening of the federal law finally accomplished in 2002. It is time for the Bush Administration to endorse this long-overdue legislation.

The new legislation is needed because U.S. Attorneys are reluctant to initiate cases against illegal animal fighters if the severest penalty is a misdemeanor. Enhanced penalties are needed as a deterrent for cockfighters who may flout the law and for prosecutors who are deciding how to apportion their limited time and resources. Please let us know if you will endorse the Ensign-Allard-Cantwell and Bartlett-Andrews legislation.

Finally, The HSUS has learned from reliable sources that USDA has provided some cockfighters with compensation at extraordinarily high levels in the course of its depopulation work. We have heard that USDA has paid some individuals $1,000, even $1,500, per bird in some cases. If true, this is an outrageous waste of taxpayer dollars. While we recognize USDA’s interest in containing the disease and providing fair compensation to bird owners, there is no compelling rationale for compensating cockfighters at levels that exceed the commercial prices on the black market. More to the point, USDA should not be in the business of compensating individuals for birds that cannot be legally sold in the United States. Under current law, it is illegal for anyone in California to sell a bird for fighting purposes within the state or outside of the state. Please inform us of your internal policy on compensating gamecock owners if their birds have been ordered depopulated.

Thank you for your attention, and I look forward to hearing from you.

Sincerely,


Wayne Pacelle
Senior Vice President
Communications and Government Affairs
Source: http://pub113.ezboard.com/fthepitmasterfrm0.showMessageRange?topicID=2310.topic&start=41&stop=43