Quincy
Posted : 2/28/2008 8:35:01 AM
The judge did not fine the city or award attorney's fees to the plaintiffs (the dog clubs), I wonder how much it costs the dog clubs to take the council to court and I think the dog clubs attorney might like to get paid.
Interesting news update, and looks like they maybe going back to court, and note "Bryant Hamilton vows to pass another animal control ordinance if needed", and the following from this link:-
http://www.wave3.com/Global/story.asp?S=7936385
Wave 3
Council member says meeting was legal about dog ordinance
Updated: Feb 28, 2008 12:08 PM
By Janelle MacDonald
WAVE 3 Investigator
LOUISVILLE (WAVE) -- A challenge to Louisville's dog ordinance exposes that some Metro Council members broke the law. Circuit Court Judge Martin McDonald ruled the Metro Council violated open meetings laws in its efforts to pass that law. WAVE 3 Investigator Janelle MacDonald got answers from a Metro Council member on how that mistake was made.
The Metro's animal control ordinance has seen several forms. The one in question in the lawsuit was passed in December 2006 and amended in April. What Tuesday's ruling means to the current ordinance that was passed three months ago is still unclear.
Think back to December 2006. Widespread confusion gripped the Metro Council during an attempt to come up with an animal control ordinance. After nine hours, council members passed the new law 16 to 8, but the Louisville Kennel Club and League of Kentucky Sportsmen filed suit saying it was what happened before the Metro Council meeting that broke the law.
They claim the council's Democratic Caucus met with no posted notice of that meeting or an agenda and discussed how they would vote. That's a violation of the Kentucky Open Meetings Act.
"I assumed that the meeting was legal. We have our caucus meetings always before our council meetings," said 5th District Councilwoman Cheri Bryant Hamilton.
Hamilton sponsored the December 2006 ordinance. She says the only difference on the night in question was the meeting was moved from a first floor conference room to the third floor Caucus Room because of a Christmas party.
"It was not like anyone was hiding from anyone or trying to sneak anything," Bryant Hamilton said.
Judge McDonald said it doesn't matter. He ruled even though it doesn't appear the council intentionally broke the law, it must start over with a clean slate.
Wednesday, Louisville Mayor Jerry Abramson issued a statement that said the council already did that late last year.
Abramson's statement says, "The bottom line is, absolutely nothing will change in Metro Animal Services."
Bryant Hamilton vows to pass another animal control ordinance if needed.
"The ordinance is working, so I think we don't want to put a hitch in that giddyup. We'd like to go on," she said.
Attorney Jon Fleischaker, who represents the kennel club, says he thinks the council needs to start from scratch. Fleischaker tells me he plans to file a motion Thursday to ask Judge McDonald to clarify his ruling -- making clear if the current animal control ordinance is part of his ruling or if it can be enforced.
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