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Thread: Unconstitutional In Louisville, Kentucky, and Everywhere Else

  1. #1
    Senior Member frontier's Avatar
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    Default Unconstitutional In Louisville, Kentucky, and Everywhere Else

    A critical legal decision for pet owners...
    http://ar-hr.com/2009/10/05/unconstitutional-ky/
    Terrie Tomlinson
    Frontier Retrievers
    HR Five Star Winning Sue SH
    Young Guns: Frontier's True Grit With a Cause "Rooster" and Frontier's Gossip Girl With A Cause "Gabby"
    Boykin Spaniels: Max, Scarlet, Rummy, Jewels, Bella, Molly, and Piper

    In Memory:
    HRCH Frontier's Cherokee Rebel MH (5-9-2000 to 12-6-2011)
    Moonstone's Little Girl Found MH (3-20-1998 to 5-2-2008)
    Calebri's Take the Money and Run JH (3-3-2008 to 6-20-2012)

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    Your thread title is a bit misleading.

    The decision is "the law" in the western district of Kentucky. Elsewhere lawyers or judges can mention it in their papers and arguments as a precedent but it doesn't have the force of law....just the force of persuasion.

    If the decision is appealed to the 6th Circuit, then whatever the decision is will have the force of law in the 6th Circuit.

    If by some strange set of circumstances it is appealed to the Supreme Ct and is affirmed, then it is the law of the land.

    I'm going to bet that the case isn't even appealed as that will leave it in the single district.

    Furthermore, the Metro Council as the opportunity to re-write the sections with which the Court had problems.

    Simply put, it's too early to tell just what impact the decision will have.

    Eric
    Last edited by Eric Johnson; 10-06-2009 at 02:11 PM.

  3. #3
    Senior Member frontier's Avatar
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    I just copied title exactly from the web link, but will be interesting to follow.
    Last edited by frontier; 10-06-2009 at 12:35 PM.
    Terrie Tomlinson
    Frontier Retrievers
    HR Five Star Winning Sue SH
    Young Guns: Frontier's True Grit With a Cause "Rooster" and Frontier's Gossip Girl With A Cause "Gabby"
    Boykin Spaniels: Max, Scarlet, Rummy, Jewels, Bella, Molly, and Piper

    In Memory:
    HRCH Frontier's Cherokee Rebel MH (5-9-2000 to 12-6-2011)
    Moonstone's Little Girl Found MH (3-20-1998 to 5-2-2008)
    Calebri's Take the Money and Run JH (3-3-2008 to 6-20-2012)

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    Senior Member YardleyLabs's Avatar
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    Eric's comments are solid. It sounds like the author of the story is making a legal assessment based on a fundamental misunderstanding of the law and a lot of wishful thinking.

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    There is a potential in this for a Section 1983 action against the Metro Council both collectively and as individuals. Sec 1983 of the Civil Rights Act of 1871 provides that state and local laws may not be passed/enforced that are contrary to the civil rights of the citizens. This ruling by Judge Simpson means that the Louisville KC can initiate a Sec 1983 action against the Metro Council as individuals for the lawyers fees at least.

    Much has been written about HSUS and their appeal. First of all, HSUS can not appeal this decision because they were not a party to it. In fact, they tried to file an amicus brief but Judge Simpson told them to sit in a corner and color...that they weren't making any arguments that the Metro Council wasn't making. Secondly, if this is appealed, there is the risk that it will rise to the 6th Circuit and be affirmed. This would cause the decision to impact the entire 6th Circuit...not just the Western District of KY. Since the Metro Council can try to re-write the troublesome sections, no appeal would be needed.

    This is a big step but it far from game, set, and match.

    Eric

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    Senior Member frontier's Avatar
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    AKC's statement on their legislative alert page titled, "Victory for Louisville KC in Suit Against City"
    http://www.akc.org/news/index.cfm?article_id=3976

    And also, received this today in email as I am sure many others received. titled "A Major Victory".
    "PetPAC wants to congratulate the Louisville Kennel Club. The ruling by a Federal Court in Kentucky, which reinforces that pets are personal property, sends a strong message to those who advocate guardianship. We are on the right track but we must keep up the fight. PetPAC believes that the ultimate solution is the National Pet Owners Bill of Rights.

    That’s why we are asking for your support by signing the “National Pet Owners Bill of Rights” and passing it on to your family and friends.

    Within the United States, pet owners are under attack. Unscrupulous animal rights extremists are waging a battle to eliminate pet ownership. They are extremely well funded and have introduced hundreds of legislative bills in dozens of states to severely restrict pet owner rights.

    Once we have established strong support for the National Pet Owners Bill of Rights throughout the United States we will work to introduce legislation in Washington D.C. and assert our constitutional rights of pet ownership.
    Please support our efforts by signing the Bill of Rights and telling everyone you know to help us in our effort to protect our pets.

    Thank you for your continued support and making a difference for our pets."
    Last edited by frontier; 10-06-2009 at 07:42 PM.
    Terrie Tomlinson
    Frontier Retrievers
    HR Five Star Winning Sue SH
    Young Guns: Frontier's True Grit With a Cause "Rooster" and Frontier's Gossip Girl With A Cause "Gabby"
    Boykin Spaniels: Max, Scarlet, Rummy, Jewels, Bella, Molly, and Piper

    In Memory:
    HRCH Frontier's Cherokee Rebel MH (5-9-2000 to 12-6-2011)
    Moonstone's Little Girl Found MH (3-20-1998 to 5-2-2008)
    Calebri's Take the Money and Run JH (3-3-2008 to 6-20-2012)

  7. #7
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    There's a good bit of mis-information and partially correct information available on the Internet about this decision. If you wish to read the actual decision (1 page) and memorandum (25 pages)

    http://www.akc.org/pdfs/canine_legis...ovt_100509.pdf

    Eric

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