Cockfighters as
victims
When federal lawmakers banned the shipment of
fighting roosters across state lines, they were trying to prevent the
mistreatment of animals. But to hear the United Gamefowl Breeders Association
tell it, the law violates the rights of humans.
The association, which is taking on the Animal
Welfare Act adopted by Congress in 2002, filed suit in federal court in
Lafayette last year. The lawsuit charges that a ban on interstate shipping of
roosters violates the rights of people in Louisiana and New Mexico, the two
states where the blood sport is still legal.
The suit also charges
that the ban discriminates against people whose culture includes cockfighting:
Cajuns, Hispanics, Filipinos and Japanese people, according to the plaintiffs.
But simply claiming the mantle of victimhood doesn't
make it true, and it's good to see that the federal government is disputing
these baseless charges.
In a brief filed last week in federal court in
Lafayette, U.S. attorneys contend that Congress has the right to regulate
interstate commerce, which is what shipping birds across state lines is.
That pretty much dismantles the discrimination
argument. People in Louisiana and New Mexico can still engage in cockfighting in
any role they choose: spectator, breeder, fight operator -- you name it. And
anyone who thinks cockfighting is a grand cultural tradition can continue to
practice it in places where it's legal to do so.
But the law does keep cockfighters from dodging
prosecution in states where it is illegal by claiming that they are raising
roosters to ship to Louisiana or New Mexico. That ruse has nothing to do with
cultural pride or states' rights. It's an attempt to flout the law, plain and
simple, and states that have passed laws outlawing this bloody pastime shouldn't
have to put up with it.
Maybe the cockfighting industry in Louisiana and New
Mexico will wither away and die without the influx of roosters and money from
other states. The breeders association claims in its suit that Louisiana will
lose $206 million in business because of the ban. But that's not discrimination;
it's just tough luck.
All but two states have deemed cockfighting a
barbaric relic of the past -- most did so 100 years ago -- without any
intervention or influence from the federal government. That's happening because
cockfighting is a bad thing, not because of heavy-handed government
interference. In fact, the most recent states to ban it, Arizona and Oklahoma,
did so through ballot initiatives in 1998 and 2002, respectively.
It would be a shame if this lawsuit generated
misplaced sympathy for the cockfighting industry or convinced Louisianians that
keeping it is a matter of cultural pride.
Louisiana has a rich culture that we can and should
preserve and celebrate. But legalized cockfighting is an embarrassment to this
state, because it gives us a backward, unsavory image.
We'd be far better off without it.
One More Nail In
The Coffin Of Animal Use?
And......
A
Foot Hold For Federal And State Governments To Create More
Victims?
......."pain",.............."a state of physical or mental lack of
well-being or physical or mental uneasiness that ranges from mild discomfort or
dull distress to acute often unbearable agony."
.........
Washington v. Zawistowski
Washington Court of Appeals
___ P.3d ____, 2004 WL
57281
January 13, 2004
Summary of Opinion
The defendants Zawistowski were convicted of two counts of
animal cruelty for the conditions to two horses in their possession. A lower court set aside those
convictions on the ground there was insufficient evidence the horses suffered
physical pain, as required by the cruelty to animals statute. In this opinion, the Court of Appeals
disagrees with that decision and re-instates the two convictions. As to one horse, failure of dental care
once a year could have resulted in physical pain. As to both horses, malnutrition resulted
in hunger, which could be a form of physical pain.
Text of Opinion
The State
appeals the superior court's order reversing Vernon and Katonya Zawistowski's
convictions for second degree animal cruelty. The State asserts that sufficient
evidence existed that two underweight and malnourished horses felt pain due to
the Zawistoskis' failure to provide necessary food. We agree and reverse the
superior court. The Zawistowskis' convictions for second degree animal cruelty,
two each, are reinstated...........
............The superior court's ground
for reversal was, instead, insufficient evidence that Princess Tarzana and
Silver suffered pain. As "pain" is not defined by the statute, we must give it
its ordinary, dictionary meaning. State
v. Edwards, 84 Wn.App. 5, 10, 924 P.2d 397 (1996), review denied, 131 Wn.2d 1016 (1997).
WEBSTER'S THIRD NEW INTERNATIONAL DICTIONARY 1621 (1969) defines "pain", in
pertinent part, as "a state of physical or mental lack of well-being or physical
or mental uneasiness that ranges from mild discomfort or dull distress to acute
often unbearable agony." WEBSTER'S II NEW COLLEGE DICTIONARY 539 (1999) defines
"hunger" as "[t]he discomfort, weakness, or pain caused by a lack of
food.".............
Could It Be Getting Easier To Just Kill The
Fowl, Depriving The Victims Of Their Property And Then Fining
Them, Without Even Having To Prove Guilt?
Could We Call This
Tyranny Over The Mind Of Man?
Alleged
cockfighting ring leaders avoid time behind bars
(Allegan County, January 28, 2004, 6:53 p.m.) An Allegan County father and
son will not go to jail after running an alleged cockfighting ring.
Instead, they face a $3,700 fine.
Fifty-five year old Pedro Mendoza and his 24-year-old son Jerardo are both
charged with possessing fighting animals.
Officials confiscated more than 160 birds after raiding a Clyde Township barn
the weekend after Christmas.
|
Migratory birds could spread bird flu in RP, warns
DA |
|
The Philippine Star
|
|
If you see a wild bird, don't touch it. Don't even go
near it because it may have bird flu.
Despite their geographic
isolation and strict poultry quarantines, migrating birds could still
spread avian influenza to the Philippines, an official from the Department
of Agriculture (DA) said yesterday.
"Don't feed them, don't go
near them, don't touch them," DA quarantine chief Romel Avila said in a
telephone interview. "We really don't know if these migratory birds come
from bird flu-infected countries, but the best thing to do is to prevent
people from going near them."
Traditionally, migratory birds in
the Philippines come from Alaska, Siberia and China. They spend winter in
the Philippines or pass through the islands on their way to points south.
China, the world's most populous nation, became the 10th Asian
nation to be hit by bird flu after officials acknowledged that at least
one duck was infected with the disease. They also opened an investigation
into suspected cases of other dead poultry.
Besides migratory
birds, Avila said people should steer clear of pet birds from other
countries as well.
"We already advised all travelers not to bring
in any pet birds and, at the same time, not visit any aviary or poultry
farms anywhere in Asia," he added.
The Department of Environment
and Natural Resources (DENR), meanwhile, ordered the surveillance of all
migratory bird "stopover" areas in the country.
In a statement,
the DENR said that while the bird flu risk factor among wild birds is very
low, these birds are still suspected of being carriers of the virus.
DENR said the Philippines is a significant part of the East Asia
Flyway, where migratory birds make stopovers during their migrations north
and south. Some of the places where migratory birds stop over include the
Manila Bay coastal area, Olango Island in Cebu, Candaba swamp in Pampanga,
Batanes Island, Buguey in Cagayan Valley and the coastal wetlands of
Mindanao.
DENR Secretary Elisea Gozun said her department's
Protected Areas and Wildlife Bureau (PAWB) has been ordered to ban the
entry of all pet or caged birds from countries where bird flu has been
recorded.
The DENR has also been tasked with conducting
surveillance of areas where migratory birds congregate. The public is
asked to report any observed high incidence of wild bird mortality to the
DENR office nearest them.
On Tuesday, cock breeders pushed for a
temporary ban on imported game birds coming from Asian countries hit by
bird flu to protect one of the Philippines' most popular pastimes -
cockfighting.
The Luzon Game Cock Breeders Association said it
asked veterinary officials to impose the ban and take other steps to
protect the cockfighting and breeding industry.
There are millions
of game birds in the Philippines, where cockfighting is extremely popular,
especially in rural areas.
Since the recent outbreak, tens of
millions of birds have been slaughtered in Asia because of bird flu.
So far, 10 governments have reported some strain of bird flu -
Cambodia, China, Indonesia, Japan, Laos, Pakistan, South Korea, Taiwan,
Thailand and Vietnam.
The Philippines banned all Asian poultry
imports amid the bird flu outbreak sweeping through Asian nations.
The archipelago buys poultry products only from Canada, Europe and
the United States and Health Secretary Manuel Dayrit has said the
possibility of the virus being carried into the Philippines is "very
minimal."
The Department of Health (DOH) however advised the
public to immediately report any unusual chicken deaths to the
authorities.
Dayrit said close monitoring of sick birds and
chickens is part of the government's effort to avert the possible entry
and spread of bird flu in the country.
Dayrit said the bird flu
virus mainly affects chickens, turkeys, ducks and other birds, but it can
be transmitted to humans through close contact with sick birds.
"Infection (of) humans may come about if the hand that touched the
infected chicken comes in contact with any part of the mucus membrane of
the infected bird," he said.
Both the DOH and DA have assured that
the country remains safe from the bird flu, but they also underscored the
need for the adoption of precautions against the disease.
Outbreaks of bird flu cases among humans have been reported in
Korea, Japan, Vietnam, Taiwan and Thailand.
President Arroyo
herself personally reassured the public that there is no reason "to panic"
about the possible entry of the bird flu virus into the country.
The President gave these reassurances in her daily morning program
over dzMM radio in the wake of the bird flu scare triggered by the
controversial smuggling of dressed chickens shipped from Taiwan.
Nineteen refrigerated container vans full of the imported poultry
arrived at the Batangas port. The dress chickens reportedly did not go
through the National Meat Inspection Council's (NMIC) mandatory
examination before the shipment was released Sunday.
"All we can
say here about the bird flu is, I hope our people remember the effective
measures we did against SARS (Severe Acute Respiratory Syndrome), which we
avoided although it spread in the countries around us," the President
said.
"Our front-line measure against this (bird flu) threat are
information, vigilance and quarantine. So, we must remember these measures
we did against SARS and, therefore, not panic," she added.
"We did
not panic during SARS, so we must not panic now," she said.
Saying
"there is no cause for alarm," the President added that all concerned
government agencies are doing their jobs "to prevent and intercept entry"
of the bird flu virus.
"What is important is public awareness,
unity and involvement," she said. "I ask our people to keep themselves
informed and cooperate with authorities."
According the US Centers
for Disease Control (CDC) in Atlanta, type A influenza viruses - such as
the one that causes bird flu - can infect several animal species,
including birds, pigs, horses, seals and whales. - Marichu
Villanueva, Mayen Jaymalin and Mike
Frialde
|
loophole = a means of escape;
especially : an ambiguity or omission in the text through which
the intent of a statute, contract, or obligation may be evaded
Does It Seem That Not Only The
Legislative System But Now The Judicial System Has Been Trained In The Words Of
The AR?
.........Lawmakers passed the laws
''to close a loophole,'' not discriminate against people,
the government argues.........
.......''This
loophole, Congress found, undermined and compromised the
ability of the federal government ... from enforcing laws against
cockfighting,'' .......
Was It A
Loophole Or Was It An AR Changing Of The Intent Of
The Statute?
Feds: New cockfighting laws don't discriminate
By Cain Burdeau Associated Press Writer
NEW ORLEANS (AP) -- The federal government says Cajuns and Hispanics are not
discriminated against by the enactment of new laws that tighten the noose on the
$1 billion cockfighting industry.
<snip>
Source: http://www.leesvilledailyleader.com/articles/2004/01/28/news/news8.txt
Tyranny Upon the Mind of Man
What did Thomas Jefferson mean when he wrote "I have sworn upon the altar of
God eternal hostility against every form of tyranny over the mind of man"? Why
did he say "over the mind of man"?
Did he conceive tyranny to mean despotic rule only? If so why would he say
"every form of tyranny"?
He was speaking of tyranny over the mind and not the body. Why? Why was this
kind of tyranny so disagreeable to him? In ancient Greece a tyranny referred to
a government, which took power without the right to do so, to rule without right
whether benevolent or despotic. The controlling of a person's mind without their
awareness, in my opinion, is the ultimate tyranny. It is this form of tyranny I
wish to address.
Do we as individuals have inalienable rights? Do we have the inalienable
right to the preservation of life and liberty? Do we own ourselves? Does the
"right" to the preservation of life depend on the permission or control of
government? Does the government have the power to determine how much of your
laboring to sustain your life will be forfeited to the state? Can a right be
taxed? Do you have a right to your sanity?
What is sanity? Well we know that when people are found insane then they are
said to be not responsible for their actions. So those who are responsible for
their actions must therefore be "sane". If there is tyranny over a mind then
that mind is neither sane, free or responsible for itself.
Think about this concept for a minute, when this country began the people
were neither dependent on the government for their existence nor was their labor
confiscated by the government. The country began under the premise that we all
had an inalienable right to life and that rights could not be taxed.
In the Declaration of Independence, Jefferson wrote that governments were
instituted among men to secure our rights. Is that what our government does
today when it requires that many give up great portions of their property/labor
for the benefit of of those whom politicians deem fit to reward?
Mike Benoit, Author
Source http://www.tyrannybusters.org/t_j_01.htm
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