Spay/Neuter Lawsuit Filed

    • Gold Top Dog

    Spay/Neuter Lawsuit Filed

    Lawsuit Filed Over Los Angeles

    Mandatory Spay/Neuter Ordinance 

    Issues Pertain To Every State And Municipality

     
    by JOHN YATES
    The American Sporting Dog Alliance
     
    LOS ANGELES, CA – Concerned Dog Owners of California filed a lawsuit this week against the City of Los Angeles, seeking to overturn a new ordinance mandating the spaying and neutering of all dogs.
     
    The lawsuit is primarily based on constitutional grounds, and alleges that the ordinance violates the civil rights of dog owners in several ways.
     
    The American Sporting Dog Alliance believes that the importance of this lawsuit extends far beyond the City of Los Angeles. It marks the first of several anticipated legal challenges to onerous laws and ordinances as dog owners turn to the courts to fight for their rights on constitutional grounds. This lawsuit is based on legal issues that exist in every state.
     
    An estimated 1.85 million Los Angeles residents have at least one dog or cat.
     
    The ordinance mandates the sterilization of all pets at four months of age. An exemption can be obtained by purchasing a breeder’s permit, for a dog registered with an approved national registry and is being shown or used in competition, and for other categories such as seeing-eye dogs and police dogs. Fines and penalties are provided for violations.
     
    The American Sporting Dog Alliance (ASDA) strongly supports Concerned Dog Owners of California in this lawsuit. Mandatory sterilization laws and ordinances violate the basic rights of dog owners in many ways, and ASDA considers them a major part of the hidden animal rights agenda to eliminate the private ownership of animals. We urge our members and all dog owners to offer their full support to Concerned Dog Owners of California, and also to financially assist this group to pay for the cost of the lawsuit. They can be reached online at http://www.cdoca.org/.
     
    Here is a summary of the legal issues in the lawsuit:
     
    • It violates the rights and familial relationships of 650,000 pet-owning households.
     
    • The options provided in the ordinance to avoid pet sterilization are not constitutionally valid. It infringes on basic rights of freedom of association, freedom of speech, the guarantee of due process and freedom of religion.
     
    • It won’t work. The evidence is clear in communities that have passed similar ordinances. Similar ordinances have been proven to increase the number of dogs euthanized, increase shelter admissions, increase the costs of dog control programs and increase noncompliance with licensing requirements.
     
    • It will increase the number of puppies born, because people will choose to get a breeding permit and to breed their dog simply to avoid mandates to spay and neuter.
     
    • It exposes pets to unjustified risks to their health. Current research shows that many significant and sometimes fatal health problems are associated with sterilization, especially at a young age.
     
    • Pet owners are threatened with immediate and irrevocable injury when the ordinance takes effect October 1.
     
    • Existing laws are not being enforced. An estimated 75% of the pets in the city are not even licensed. Other proven means of reducing shelter admissions and euthanasia rates have not been tried.
     
    • Much of the ordinance, including the basis for exemptions, is arbitrary and capricious, ambiguous and discriminatory.
     
    The lawsuit states its case succinctly: “Owners who wish to keep their healthy pets unaltered have no constitutionally valid options to the MSP (mandatory spay and neuter) ordinance. Although the ordinance provides for six alleged ‘exemptions,’ and a breeder’s permit, these exemptions and the breeder’s permit are, in actuality, nothing more than arbitrary and capricious compelled associations that violate an owner’s fundamental free speech rights.”
     
    The ordinance forces a dog owner to join an organization approved by the city, and to identify her/himself as a breeder, which is state-compelled speech, the document says. By requiring the city to approve of a dog owner’s membership in an organization, such as a dog registry or club, government is both compelling membership and dictating a list of acceptable organizations that a person is forced to join. The ordinance then mandates that a dog must compete in an event sanctioned by one of those approved organizations, or is in the process of being trained to compete.
     
    To obtain a breeder’s exemption, a dog owner also is compelled to join one of those approved organizations and identify him/herself as a participant of that organization, which is an infringement of free speech, the documents show. The right of free speech is infringed by forcing a dog owner to identify her/himself as a breeder on government documents that are available to public inspection.
     
    In essence, a person is forced to say, “I am a breeder,” even if the person does not consider her/himself to be a breeder, or if he/she is personally opposed to breeding.
     
    Documents were attached to the court filing to show examples of harassment and vilification of breeders that were distributed by the groups that support the ordinance. In essence, identifying oneself as a “breeder” exposes the person to danger, harassment and defamation of character as consequences of government-compelled speech.
     
    Several religious groups prohibit their members from sterilizing an animal. These groups include Orthodox Judaism and the Jehovah’s Witness faith. Members of these faiths are unable to sterilize their pets without violating their religious beliefs, which puts the city in the position of violating their constitutionally protected freedom of religion. Los Angeles has the second largest community of Orthodox Jews in the nation.
     
    The ordinance also gives the city the power to forcibly seize and confiscate pets that are not spayed or neutered, if their owners are not granted one of the arbitrary allowed exemptions. This violates the pet’s owner constitutionally guaranteed rights of due process under the law, that also are violated because the ordinance does not provide recourse through a hearing.
     
    Forcing a dog owner to spay or neuter also represents an unconstitutional “taking” of property rights, as the ordinance compels taking away the value of a dog’s reproductive capacity, and due process is denied.
     
    To compel pet sterilization also is to deny an owner the freedom to act according to her/his own religious beliefs, personal ideology or political viewpoint, all of which are protected under the U.S. and California Constitutions.
     
    The lawsuit also contends that the City of Los Angeles has failed to take far less draconian actions that have been proven to reduce the number of animals entering shelters, such as enforcing licensing requirements (a reported 75% of the dogs in Los Angeles are not licensed), offering low-cost licensing for puppies that would allow their owners to be educated about the issues, or mandating permanent identification of pets so that animals taken to the shelter could be returned to their owners.
     
    Because of the reported dangers of spaying and neutering (especially at an early age) shown in numerous research findings, the city also is denying dog owners the right to protect their pet’s health and infringing on the relationship between a pet owner and his/her veterinarian.
     
    The ordinance also infringes upon the basic concepts of the liberty and happiness of a pet owner, and also of the relationships between an owner, her or his family, and the pets that are part of their family. Although most pet owners consider their dogs as family, rather than property, they are legally defined as personal property and protected as such under the fundamental right of property in the California Constitution. The ordinance is an arbitrary and capricious “taking” of those property rights by government, especially since the evidence from other communities shows that the ordinance will be counterproductive to its stated goals.
     
    The lawsuit also alleges that the ordinance contains much vague and ambiguous language, such as undefined concepts like “adequately trained” and “poor health,” or not stating clearly what registries have been approved, and which have not.
     
    The plaintiffs are asking the court to declare the ordinance unconstitutional, and to order the city not to enforce it.
     
    Please feel free to use any information contained in this report, and also to cross-post it and forward it to your friends.
     
    The American Sporting Dog Alliance is the unified voice of sporting dog owners and professionals in America. We work at the grassroots level to defeat unfair legislation and policies that are harmful to dogs and the people who own and work with them. Our work to protect your rights is supported solely by the donations of our members. Your participation and membership are vital to our success. Please visit us on the web at http://www.americansportingdogalliance.org.
      

     

    • Gold Top Dog

    Please let us know what happens with the lawsuit, for it's like a case precedence for all the other places who already have or are moving to have such ordinances.
     
    As you mentioned "several religious groups prohibit their members from sterilizing an animals" and even mentioned Jews, well this is interesting in what's happening in Israel.
     
    Israel's national campaign to encourage the neutering and spaying of dogs, has won great PR, but then found itself facing criticism from an unexpected source. The chief rabbi of Ramat Gan, Rabbi Yaakov Ariel, stated that the Torah forbids surgical neutering or spaying (ie, the removal of the dog’s testicles and the female dog’s uterus), and only allows for "hormonal neutering."
     
    Then there is another religious commandment "thou shall not kill", meanwhile some 4000 stray dogs are killed every month in Israel because they have no home. Some believe that this is only 50% of the real number. The reasons for these numbers are clear: too many dogs are abandoned, whether out of cruelty, convenience, or simply low budgets, but not enough are adopted. Clearly something must be done to stop the vicious circle set in motion by the abandonment of dogs, which are not spayed or neutered.
     
    It is estimated that a local authority spends some 100 - 140 shekels to catch a stray dog, put it to sleep and bury it. This translates to millions of shekels per year. In order to solve the problem in a more humane – and more economical - manner, efforts have focused on the promotion of neutering and spaying. High on the agenda is a campaign to encourage neutering and spaying which will both raise people’s awareness of the problem and let them know that neutering their dog will reduce their annual licensing fee in half. Representatives of the Ministries of the Environment, Agriculture and Interior, along with representatives of animal welfare associations and veterinarians, are currently working out the logistics of the spaying and neutering campaign.
     
    Keep in mind that if this campaign does not address the situation sufficiently enough then Israel may seriously consider Mandatory Spay Neuter measures, this even with consideration in what their Torah mentions, and it's yet to be seen what the long term effects would be from this current campaign. Also due to MSN some just might decide to File Lawsuits using religious grounds, and it will be interesting to see what happens in regards to this, even from within several other countries.
     
    Well, Israel's Ministers Ezra and Simhon initiated this campaign in May 2007, and below an update a little while later on what happened and from this link:-
    http://www.sviva.gov.il/bin/en.jsp?enPage=e_BlankPage&enDisplay=view&enDispWhat=Object&enDispWho=News^l3673&enZone=e_news
     
    Israel Ministry of Environmental Protection
    Dog Neutering and Spaying Campaign a Success:
    5000 Dogs Neutered and Spayed in Three Months
    Updated: 09/05/2007
     
    Some 5000 dogs were spayed and neutered as part of a national campaign to promote the spaying and neutering of dogs which was initiated by Agriculture Minister Shalom Simhon and Environmental Protection Minister Gideon Ezra. The campaign is meant to reduce the number of abandoned dogs and prevent the suffering of tens of thousands of homeless dogs.
     
    The national campaign provides dog owners with the possibility to spay and neuter their dogs for a third of the conventional price. The campaign was initially accompanied by an information campaign on the importance of dog spaying and neutering, including radio broadcasts by actress and animal welfare activist Ms. Ornah Banai.
     
    According to Dr. Deganit Ben Dov, the official responsible for the Animal Welfare Law in the Ministry of Agriculture, the campaign has proved to be an unprecedented success in terms of the enormous number of dogs that have been neutered and spayed since the campaign began just three months ago.
     
    To date, some 3031 females were spayed and 1802 males were neutered. Some 200 veterinarians have also joined the campaign. Dr. Yoni Litwin, chairperson of the Veterinary Association, stated that some veterinarians have reported an increase of hundreds of percentages in the number of dog owners asking to spay and neuter their dogs.
     
    The Ministries of Agriculture and Environmental Protection allocated some 3 million shekels for the campaign, enabling the spaying and neutering of some 10,000 dogs. Dog owners who have not yet neutered or spayed their dogs are invited to contact participating veterinarians.
     
    Hundreds of thousands of dogs are abandoned in Israel each year. Official estimates put the number at 50,000 while unofficial estimates relate to some 100,000 dogs. Most of these dogs are destined to die - either on the streets or through euthanasia in dog pounds. Neutering and spaying are the right and humane way to stop the vicious cycle of hundreds of thousands of births - and hundreds of thousands of needless deaths.
     
    In light of the success of the campaign, Agricultural Minister Shalom Simhon has stated his intention to conduct the campaign next year as well.
    .

    • Gold Top Dog

    good for them. if they wont enforce the laws they already have pertaining to pet ownership then why the HELL are they doing this? 

    • Gold Top Dog

    If one doesn't have a breeder's permit and a female produces a litter, what do the politicans expect to happen to the pups?  If you sell them, give them away, or take them to a shelter, you risk fines for having a unspayed female.

    If they do reduce the number of puppies in shelters, how are they going to tell the difference between

    • less puppies being born and
    • less puppies because newborns are drowned?

    or

    • less puppies being born and
    • less puppies because puppy brokers find that they can get entire litters free?

    I bet the "powers that be" can't even tell us what percentage of euthanized dogs are pups surrendered by the owners of the dams - as opposed to pups surrendered by folks who decide they don't want their new pet or strays.

    • Gold Top Dog

    thats thething that worries me most is they will undoubtedly cause more suffering for the animals that DO have "illegal litters" ..... the thought of DROWNING any living creature on purpose makes me sick to my stomach.... and yet that was a common practice and probably STILL is in some areas. that or knocking them on the head.... isnt that animal abuse then? so.... guilty regardless of what happens.

    they need to back their asses up and get out of peoples business like that. there needs to be a FINE for dropping puppies off at the pound for

    1. you didnt want them.

    2. you didnt train them.

    3. no one would buy your sorry backyard bred mutts.

    i think those three reasons would be quite easy to identify the moment they walk through the "Drop off" door.... even then it will still drive people to handle things their own way and not go to the shelter.

    so i still believe the best method is shutting down the mills and putting those people at fault for this "overpopulation" of pets. how many millions of pets are being sold by puppy mills vs. how many pets are being euthed at shelters every year? they kinda match up, dont they?