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Or Should That Be More Accurately Stated As Views Portrayed As News?

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.


Source:  http://www.nola.com/news/t-p/index.ssf?/base/news-1/107518681144840.xml

Courtesy Bruce K




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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