...........If you have information or comments related to this story, e-mail news@wbrz.com........
 
 
Humane Society launches anti-cockfighting campaign

The Humane Society kicked off a statewide campaign today aimed at making cockfighting illegal in Louisiana.

Louisiana and New Mexico are the only states in the United States where cockfighting is legal.

Supporters of the practice claim it is a part of the cultural landscape in Louisiana, but those against cockfighting believe it to be cruel and inhumane.

"It is an embarrassment that our state is one of only two states that still has this practice," said State Rep. Karen Carter, a Democrat from New Orleans.

Carter has filed a bill that would ban the fights along with the possession, transportation and breeding of the birds. The bill would also ban equipment some roosters wear during the fights.

"They're strapped to the legs, razor sharp on this edge and also pointed, said Kathryn Destreza of the SPCA, describing a cockfighting accessory known as blades.

A spokesman for the Humane Society said recent polls show 80 percent of Louisianans would like to see cockfighting banned.

Supporters of the practice argue the issue is being stirred up by what they call a group of anti-hunting advocates out of Washington. State Rep. Troy Hebert from Jeanerette said he does not believe the sport is cruel and claims the proposed ban is nothing less than an assault on the culture of Acadiana.

"What's going to be next, stop putting live crawfish in boiling water? Stop people from duck hunting and deer hunting? Where does the effort stop?" Hebert said. "I certainly will be one with many others who will fight this bill."

The proposed law would carry with it penalties of jail time and up to a $10,000 fine. Supporters of cockfighting say the practice is a $200 million a year business in Louisiana.

As reported on April 7 on WBRZ's 6 p.m. telecast. If you have information or comments related to this story, e-mail news@wbrz.com.

 
 
Source: http://www.2theadvocate.com/stories/040704/new_anticock001.shtml

Courtesy: S.D..

 

......."There's a lot more illegal acts going on Bourbon Street than there is in Acadiana,".......

 

Anti-cockfighting campaign begins in Louisiana

05:01 PM CDT on Wednesday, April 7, 2004

Associated Press

BATON ROUGE, La. – State Rep. Karen Carter joined animal welfare activists Wednesday to launch a campaign against cockfighting in Louisiana – one of two states were it remains legal – but they face staunch opposition from Acadiana lawmakers.

"It is a definite assault on our culture," Rep. Troy Hebert, D-Jeanerette, said Wednesday. He had just watched a news conference on the Capitol steps by Carter, D-New Orleans, and representatives of the Humane Society of the United States.

Cockfighting paraphernalia, including the small, razor sharp knives and gaffs often strapped to fighting cocks' legs before a bout, were on display.

Carter and Wayne Pacelle, a vice president of the Humane Society, repeatedly called cockfighting "inhumane and barbaric." And Carter rejected arguments that it is an aspect of state culture as positive as Creole or Cajun cuisine.

Louisiana and New Mexico are the only states that still allow cockfighting and national sentiment against it is taking its toll. The latest blow came with passage of a federal law making it illegal to ship game cocks across state lines or to other countries for fighting purposes – eroding cockfighting proponents' arguments that the sport is an economic boon to the state.

"Louisiana should not be known as the last bastion of cockfighting, but, unfortunately, it is," Carter said.

Wednesday's news conference came a day after the Humane Society released a poll showing strong support for outlawing cockfighting in Louisiana. Pacelle said supporters of Carter's bill would launch a publicity campaign, including some paid media, to encourage voters to urge lawmaker support of the bill. He did not have a cost estimate for the campaign.

Gov. Kathleen Blanco has not taken a position on the bill. Carter said she has not talked to Blanco about the issue.

Her bill marks the first serious effort to outlaw cockfighting in Louisiana since a 1997 attempt failed in the Legislature. Hebert made it clear that there remains strong political support in his region for cockfighters. He expressed resentment that a lawmaker from New Orleans would try to outlaw cockfights, saying that city "ought to clean up its own act."

"There's a lot more illegal acts going on Bourbon Street than there is in Acadiana," he said. He said cockfights in Acadiana are respectable family affairs and that the birds raised for fighting are well cared for.

 
 

 
.......You blatantly attack our industry … [but] it is the commercial poultry industry that has threatened the livelihood of other birds .........
 
 

Chicken lobby: Curb cockfights
Breeders cry fowl, counter claims of poultry industry

 

The National Chicken Council (NCC), the main lobbying voice for the chicken industry, last week endorsed legislation to curb cockfighting, a practice that the group said is both inhumane and contributes to the spread of avian diseases infecting commercial flocks

“We are concerned that the nationwide traffic in game birds creates a continuing hazard for the dissemination of animal diseases,” NCC President George Watts wrote March 30 to Rep. Bob Goodlatte (R-Va.), chairman of the House Agriculture Committee. The panel has not yet considered a proposed anti-cockfighting bill. “On the basis of both humane treatment of animals and protection of the health of the commercial flock, we urge you to support [anti-cockfighting legislation] in the current session of Congress.”

The NCC, which represents chicken giants Tyson Foods and Perdue, becomes the first nationwide agriculture group to join animal-rights advocates, law enforcement organizations and veterinary groups in calling for stricter penalties on cockfighting, which is banned in all states save Louisiana and New Mexico but continues to flourish elsewhere under lax enforcement.

A group of bird breeders, the United Gamefowl Breeders Association (UGBA), shot back at the NCC yesterday with a letter countering the assertion that game birds spread avian disease.

“You blatantly attack our industry … [but] it is the commercial poultry industry that has threatened the livelihood of other birds by transporting poultry that can release airborne pathogens (e.g. feathers being released) through the open-side transportation methods used on U.S. highways,” wrote UGBA President Larry T. Mathews.

Mathews also expressed regret that the NCC would side with animal-rights activists.
UGBA members have “withstood countless assaults over the years by such groups as
PETA and the Humane Society of the United States. These same groups have viciously attacked your member companies as well for their alleged inhumane treatment of animals. We fail to see why you would support such animal rights groups that still to this day attack your way of doing business,” wrote Mathews.

The Humane Society, meanwhile, welcomed the NCC’s endorsement of anti-cockfighting legislation. “You have the law enforcement community, the humane community, the veterinary community and now the poultry industry all backing the legislation and the only people opposing it are illegal cock- and dogfighters,” said Wayne Pacelle, a senior vice president at the Humane Society.

Sen. John Ensign (R-Nev.), a veterinarian who has called animal fighting “barbaric” and “sickening,” proposed a bill last spring with Sens. Wayne Allard (R-Colo.) and Maria Cantwell (D-Wash.) that targets interstate commerce in fighting animals. The legislation would make it a felony, punishable by up to two years in prison, to transport game birds or fighting dogs across state lines.

Law enforcement officials have said they would be unlikely to step up enforcement of anti-cockfighting laws while the crime remains a misdemeanor.

Ensign’s bill also would ban interstate commerce in cockfighting implements, such as the knives and gaffs that are typically attached to a bird’s legs to make the fight bloodier.

Identical legislation (H.R. 1532) was introduced in the House by Reps. Roscoe Bartlett (R-Md.) and Rob Andrews (D-N.J.).

Although neither bill has received committee consideration, both have widespread support. As of yesterday, the House bill had 196 co-sponsors and the Senate 51.

The chicken-industry letter comes on the heels of an outbreak earlier this year of bird flu centered in Delaware, where tens of thousands of birds were slaughtered to halt the spread of the disease.

Although gamecocks were not implicated in that outbreak, they were a factor in the spread of exotic Newcastle disease, a respiratory ailment, in flocks in California in 2002 and 2003, according to the Department of Food and Agriculture of the State of California.

“Healthcare in the game-bird world is obviously rudimentary,” wrote the NCC’s Watts.

UGBA’s Mathews took issue with this finding as well. “At no time has the USDA ever held a game-fowl breeder responsible for causing this outbreak,” he wrote.

Lawmakers and animal-rights advocates have been pushing for harsher cockfighting penalties for several years.

Ensign succeeded last fall in attaching his bill as an amendment to the Senate version of President Bush’s Healthy Forests Initiative (S. 1902), but the provision was removed during conference with the House.

An earlier anti-cockfighting measure passed as part of the House and Senate versions of the 2002 farm bill. It placed a ban on interstate commerce and international export of fighting animals and made the offense a felony. The felony provision, however, was dropped in conference.

Proponents of these measures point to the power of the cockfighting lobby, primarily UGBA, as an impediment to passing significant anti-cockfighting bills.

According to federal lobbying records, UGBA is represented on the Hill by former Democratic Rep. Bill K. Brewster (Okla.) and former Hill staffer Shane Doucet — both of lobbying firm Capitol Hill Consulting Group.

Doucet is a former legislative aide to Rep. Chris John (D-La.) and the son of former Louisiana state appeals court judge Ned Doucet, who is one of three Democratic candidates running to succeed John in the state’s 7th Congressional District. John is running to replace retiring Sen. John Breaux (D).

John has been a proponent of cockfighting, calling it a “cultural, family-type thing that has been practiced in our state for many years.”

 
Source:  http://www.hillnews.com/business/040704_chicken.aspx
 

Courtesy: S.D..


 

IN THE UNITED STATES DISTRICT COURT

WESTERN DISTRICT OF ARKANSAS

FORT SMITH DIVISION

ANNA M. SLAVIN PLAINTIFF

VS CIV NO. 03-2091

UNITED STATES OF AMERICA DEFENDANT

 

 

MEMORANDUM IN SUPPORT OF PLAINTIFF'S REPLY AND OBJECTION TO

MAGISTRATE JUDGE'S REPORT AND RECOMMENDATION

 

Plaintiff Anna M. Slavin, who business is that of raising gamecocks, acknowledges her

challenge of the constitutionality of amendments to the Animal Welfare Act contained within the

Farm Security & Rural Investment Act of 2002 as violative of the Commerce Clause and the Fifth

Amendment. The amendments make it illegal for any person to knowingly sell, buy, transport,

deliver, or receive for purpose of transportation in interstate or foreign commerce any animal for

the purpose of having the animal participate in an animal fighting venture. 7 U.S.C. 2156(b). The

penalty for a violation is $15,000 and one year in prison. 7 U.S.C. 2156(e).

Plaintiff further acknowledges that possession and raising of gamecock chickens is not

illegal in Arkansas, but should she choose to take some of her fowl (products) to New Mexico, a

state that holds boundaries for legal cockfighting tournaments, and as a breeder, enter a

tournament at a legal testing facility, the fear of potential prosecution if questioned while going

through the State of Texas, would be imminent. This would, in effect, hold true to every

gamefowl breeder across the United States, crossing within one state to another, wondering

which state will enforce 7 USC 2156 in its entirety or in partial. As pointed out in the

Magistrate's Report, Congress did not intend to prohibit cockfighting in those states where it is

currently legal or to affect the ownership of live birds for food or show purposes; rather only the

ban of interstate movement of live birds for fighting purposes was prohibited.

Plaintiff would state that gamecock chickens are also known and called fighting chickens.

The Defendant is prohibiting a specie of chicken from being taken across state lines that

Defendant has perceived to represent animal cruelty which thereby affects interstate commerce

and puts fear of prosecution across the United States to other individuals who also raise and

possess gamecock chickens. Plaintiff contends that she has indeed, "personally suffered some

actual or threatened injury as a result of the putatively illegal conduct of the defendant." Plaintiff

recognizes Congress' power to regulate the channels of interstate commerce, to regulate or

protect the instrumentalities of interstate commerce or people or things involved in interstate

commerce, and to regulate conduct that has a substantial effect on interstate commerce, however,

the regulation of a specific specie of chickens crossing from one state to another, for whatever

purposes, should be that states' rights issue and not that of Congress.

Plaintiff's rights under the due process clause, is not the "taking" of her property, per se,

but in reality, the "not taking" of her property by her customers, due to the vagueness and broad

structure of 7 USC 2156 in its entirety with respect to the ownership and possession of

gamecocks and who or how will this federal law be enforced. Reduced movement of inventory

because of the specie of chicken being raised means less income for the Plaintiff. Not to mention

facilities being unused at her place of business which normally holds her inventory. For the

Defendant to insinuate that the Plaintiff's loss of income as being self inflicted is absurd. Not only

is the Plaintiff an object of the government's action, but so are her products and possibly her

customers. The gamefowl chicken has been unjustly targeted by the special interests groups that

Plaintiff made mention of in her Amended Complaint, as she believes that Congress has more

important issues to deal with, or this particular legislation wouldn't of landed on the

"miscellaneous" page of the Farm Security and Rural Investment Act of 2002, with the majority

of the votes unaware of its presence tucked neatly away in a smokescreen created by special

interest groups, claiming that they can "speak for the animals".

Based on the above stated reasons, the Plaintiff would respectfully request that this

Court review the material facts in this matter, and their consequences to law abiding citizens and

reconsider her Recommendation.

Respectfully Submitted

 

 

Anna M. Slavin,

P.O. Box 717

Huntington, AR 72940

479/806-0768



 

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