Animals C.L.U.B.- Freedom
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Animal Control Beware!
Dog Seizure Due Process
How Does Due Process Apply to Dog Seizure/Euthanasia Cases?
Despite the fact that animals are still considered property in all legal jurisdictions today, due process, whether rooted in the federal or state constitutions, extends to “life, liberty, or property.” The more complicated issue, however, is how much process is due? The Supreme Court has promulgated a four prong test to determine this. In each situation, a court must weigh the following:
- the private interest affected by the official action
- the risk of an erroneous deprivation of that interest through the procedures used,
- the probable value of additional procedural safeguards, and
- the government interest involved.
Mathews v. Eldridge, 424 U.S. 319, 335 (1976).
Due process requires the opportunity to be heard “at a meaningful time and in a meaningful manner.” Rabon v. City of Seattle (Rabon II), 107 Wash.App. 734, 743 (2001) (citing Mathews, 424 U.S. at 333). Thus, when individuals can show they will suffer irreparable harm from a post-deprivation hearing, courts have recognized that a pre-deprivation hearing is necessary. In the case of orders to euthanize pets, many courts have considered the loss to the pet owner as irreparable.
Before the Hearing: Filing a Petition for a Preliminary Injunction
Dog owners should file a petition for an injunction to delay the killing of the dog until they have had the chance to be heard in court (For an actual example, see Petition for Preliminary and Permanent Injunction in the case of Wilson v. City of St. Louis (1990), which involved a Pit Bull named "Max" who was impounded and classified as “dangerous” because he allegedly killed the neighbor’s dog. The Circuit Court found that the plaintiff would suffer irreparable harm if the preliminary injunction was not granted and enjoined the city from killing or otherwise harming Max. The court ordered the city to release Max and change his “dangerous” designation to “potentially dangerous.”).
Overriding the Decision - Petition for a Writ of Mandamus
Due process includes more than just going through the motions of a hearing. In fact, even after hearings have been granted, decisions can be challenged as a prejudicial abuse of discretion that is not based on findings of fact or law. (This is what the owners of “Boo,” a bullmastiff who allegedly bit a child, argued in Williams v. Orange County Animal Control (1996)). In this case, owners should file a Petition for a Writ of Mandamus, a judicial remedy issued by a superior court to compel a government officer to do or forbear from doing a specific act, to delay the euthanasia order until the appeal can be heard. This writ of mandamus applies in any situation in which the euthanasia should be stayed, including scenarios in which an original hearing was never given.
Minimum Standards of Due Process for the Hearing
It is now also clear that hearings must meet certain minimum standards. Informal reviews that animal control agencies frequently provide upon the dog owner’s request often do not fulfill these requirements, because the decision-maker may not be qualified to render the judgment or may not be impartial if he also made the original decision to euthanize the dog. For example, in Phillips v. San Luis Obispo County Dept., 228 Cal.Rptr. 101 Cal.App. (2 Dist.,1986), the owners of “Missy,” a black lab known to have a bad habit of biting children, contested the city’s decision to euthanize her. The amicus brief filed by Joyce Tischler of the Animal Legal Defense Fund pointed out the Municipal Codes at issue did not provide for the Animal Regulation Director’s orders to be reviewed by the Chief Sanitarian of the County Health Department or the supervising environmental health officer, the two individuals who presided over the first and second hearings.
Challenges to the Ordinance Itself
In fact, many city ordinances are flawed in that they fail to specify that owners are entitled to hearings before their pets are euthanized. These municipal codes can be challenged as unconstitutional and, even if the city already granted hearings that met minimum due process standards, the decision to euthanize the pet would still have to be overturned. Otherwise, whether dog owners generally would receive due process would be at the whim of the animal control agency, and the city could avoid having to correct its municipal codes simply by voluntarily giving all dog owners a hearing. The court of appeals in Missy’s case agreed, concluding “that the ordinances here are unconstitutional for failure to provide for notice and a hearing either before or after the seizure of an uncontrollable biting or vicious dog.”
Most recently, in a landmark case, the court of appeals in Mansour v. King County, 128 P.3d 1241 (Wash.App. Div. 1,2006) held that due process required even more than offering owners a hearing, ordering that “an agency seeking to enforce a removal order must prove both the violation and the remedy it has imposed by a preponderance of the evidence.” This is the same standard of proof imposed on the government when it attempts to temporarily remove a child from the custody of his parents. By instituting a burden of proof on the city, the court was essentially finding that the dog must be presumed innocent until the city can prove otherwise. Previously, there had been no standard of proof, and reviewing courts would only look to see if Animal Control had acted arbitrarily or capriciously. Thus, even the most minimal evidence that a dog should be removed would suffice, and owners would bear the burden of proving their pets innocent. Moreover, the court found that due process attached not only for orders to euthanize an animal, but also for orders of removal outside the county (Peter Mansour had been ordered to remove his dog from the county or turn his dog over to the city to be euthanized after his dog was accused of killing a cat).
Finally, the court held that due process required Mansour to have the ability to subpoena records and witnesses in his defense, and that the Notice and Order of Violation had to specify exactly what code provisions had been violated. Merely issuing a “brief and concise description of the conditions for finding the violation… is insufficient.” Mansour was “entitled to know ahead of time exactly what the County needed to prove at the Board hearing. If in fact it could not prove that Maxine violated a code provision that supported the removal order, he [Mansour] was entitled to know that in time to move for a dismissal at the Board level.” Source Reference: Animal Legal and Historical Center.
There are some significant problems with dangerous dog laws and euthanasia execution solutions.
1. They do not reduce the number of dog bites. By focusing on the after-effects of a bite, these laws do not take any measures to prevent bites. In theory, the risk of punishment is a motivation to change behavior. But most dog owners do not believe their dogs to be dangerous. So the perception is that these laws are for other dogs, problem dogs, but not their dog. Then, when a bite occurs, that particular owner may face additional liability, but his friends and neighbors will not change their habits regarding their own dogs.
2. The laws do not take into account the severity of the incident. Most dangerous dog laws cover a huge range of behavior from "threatening displays" to actual bites. What this means is that you may be as liable for your goofy social dog rushing out the door and charging gleefully at a neighbor as another owner is for an undersocialized, aggressive dog who bites a child on the face. Are these equal? Under many dangerous dog laws, they are.
What it comes down to is this.
Dangerous dog laws are a feel-good attempt to show the community that they are taking action.
Article LINK:
http://IowaCongress.org/
ar_outrage.html
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Aren't "We, the People" with Dogs, Pets, and Animals the Government?
Aren't "We, the People" with Dogs, Pets, and Animals the Government?
Whatever happened to 'We the People' to take care of all our dogs, pets and animals, let alone all our people in this nation?
By Dean A. Ayers
Lead Investigative Reporter
NationalDogPress ©
31 Oct 09
We the people...
The traditional American story is the story of ‘We the People’.
As Americans, the most important part of our social identity is our role as citizens. To be a citizen means to be part of, and a defender of, the commons of our nation. The water we drink, the air we breathe, the streets we drive on, the schools that we use, the departments that protect us, even animal control authorities to protect pets and animals from abuse, and neglect -- these are all the physical commons. And there are also the cultural commons -- the stories we tell ourselves, our histories, our religions, and our nation’s values that describe our “intrinsic value” of ourselves. And there are the commons of our power systems (in the majority of American communities) which is our electronic and gas commons, and the commons of 'fair and balanced' investigative reporting of our radio, TV, and print news spectrum allegedly to keep the corrupt politics in check, along with insuring the free speech and publishing by all citizens of the world and our nation, in print, on TV, radio, or on the Internet. Most important for the citizenship is the commons of government -- the creation and the servant of ‘We the People’. At least that was how it “WAS” supposed to be, before “tyranny” in government come along for the ride.
Franklin D. Roosevelt understood this commons. In his "Four Freedoms" speech, he said, "Necessitous men are not free men." Hungry people aren't free people, no matter what you want to call them. Hungry people can't be good citizens: they're too busy taking care of the hungry part of themselves to care about the citizen part. That is what "we the people" should be, but today it is not that; the commons. This nation is no longer a constitutional based free society common, let alone any common at all, except for the common good of the “corrupt” and “elite” which are turning this great nation into a banana republic under the combined “evil” forces of Socialism, Communism, and Fascism.
Republicans and Democrats as a party direction, are all alike, and are all allegedly corrupt and self-serving to the socialistic commons and one world order goal to be governed by a one world government and religion, under the United Nations. We the People are now bound to the corporate government goals that want to fund FDR's social safety net (now to be called Barrack OBAMA's social safety net). Because these “obsessive controlling” politicians over the people are directed and motivated to fundamentally not believe in the concept of constitutional freedom of 'We the People' in collectively protecting all of us in anything other than a military/police “martial law” style way, using “scare tactics” called tyranny. FDR and the new 2009 OBAMA “blind” backers don't believe that "the unintelligent rabble" should run the country. They want big corporations to run the commons of our nation and to be inter-mixed into our government itself which is called socialism. Leading to Communism, and ultimately Fascism.
The Republicans and the Democrats are now, no longer two separate free thinking parties, but one party playing a 'dog and pony' show to deceive 'We the People' in thinking the citizens actually have a choice for freedom in elections and decisions of the commons. This new one party system (in actuality), a 'dog and pony' show' common political party thinks that the most appropriate role for citizens is that of infantilized welfare of consumers -- only here to serve the government in paying their demanded taxes, fees, fines, confiscations, and ultimately 'slave labor' of both commercial products and commercially produced political packaging of our constitution and laws effecting everything from our pets and animals, to all the nations people, ultimately to all our common good -- the commons.
This is the new fundamental debate in our society: Are we a nation of citizens who cherish our pets, animals, and constitutional freedom to exist on private property or a nation of begging “welfare” Obama-nation consumers? Are we a democracy run by freedom seeking citizens, or are we a “welfare state” that holds consumers locked in dependency by virtue of their “free handout seeking” consumption and need to be infantile and controlled like a “helpless child” by government apathy, trickery, fraud deceit, and ultimately a one world order style government under the world's United Nations?
Petty “welfare” consumerism appeals to the greedy and selfish child part of us, the infantilized part that just wants someone else to take care of us. The core message of most commercials is that "you are the most important person in the world." Commercial advertising almost never mentions "we" or "us."
What is at stake today is the very future of our U.S. Constitution and our democratic republic founded in freedom “without” federal controlling our every move or breath in life or death. If we accept an identity as fearful, infantilized “welfare” handout seeking Obama-nation consumers in always accepting the “perverted” laws against our pets and animals, and then subsequently we the people in bastardized laws destroying our original U.S. Constitution, we will be acting from our baby part of our brains and allowing corporate - government “owned” America and an increasingly tyranny of an authoritarian “people control” tyranny government to fill the role of a parent part in every aspect of our lives in America. A “Mark of the Beast” that effects people, not just the animals in society, as to whether they live, eat, breath, or even die (by euthanasia or starvation), by the government’s hand and their perceived power of their forehead.
The story we are told is that we should surrender all of our power to the new “owned” government - corporations of health care, animal control, food supply control, farm control, small business control, taxation control, and swine flu vaccination control, etc. etc. etc. And just let them govern us because a mystical but all-knowing godlike force called "OBAMA –NATION” dictated the end to all free markets of the new FDR" will eventually solve all of our problems. We the People are told that “we” will be “taken care of”. Well isn’t that what Animal Control Authorities tell the “captured” pets and animals, when they are driven, cages, and ultimately “euthanized” in the name of their “own good”? A deception with life altering and life ending results to dogs, cats, and pets, and now to “We the People”.
Truth in this common definition of ‘We the People’, fits in very well with all the liberals, progressives, and the moderate conservatives (now a one party 'dog and pony show' ideology system) which is now the other story: that we are children (like chickens) who need to be protected from evil by humans such as animal rights, animal eating, animal husbandry, animal laws, animal ordinances, NAIS, animal identification for disease identification, etc.; and because government owned corporations and government politicians (now combined as one entity) are now “amoral” and not humane, they are self proclaiming that they (the elites) are intrinsically and morally superior to evil “common” humans called citizens or in other words not politically correct, called 'We the People'. The Animals, with arms and legs, not just paws.
To save freedom in democracy “We the People” thru an independent THIRD PARTY (yet to be discovered) must crack that religious code of destiny of the coming “Mark of the Beast” scenario that we as people are headed for in our own lifetime and bring back the original U.S. Constitutional and spirit and action of the 'Declaration of Independence' code. A Declaration of Independence so well understood by our Founders of this nation: that we “were” a country of barn-builders, of self sustaining “honest” communities, of intrinsically good people who work together for the common good and the common wealth in freedom on “private property”, and in the freedom to freely own and raise our pets and animals without the “perverted” animal laws of “tyranny”, under “perverted” oppressive socialism by the corporate - government promoting the propaganda of a “welfare seeking” consuming freebee “corrupt” non-producing “Banana Republic” Obama-nation tradition. ‘We the People’ begin this process by speaking to the responsible part of us, the part that enjoys being grown up and socially independent and fiscally responsible. And also preparing to 'stand your ground' when tyranny comes knocking on your own door, not just to “steal” away your pets, animals and private property, but to “steal” your self esteem to exist with “freedom” as the law of the land. We the People need to prepare to survive without the help of corporate - government Obama-Nation intervention in our lives. Because very shortly, one fine day, the corporate – government “National Police” state is going to collapse, and then reform into the one world order, under the United Nations economy, and destined to be a One World Order, "Mark of the Beast." One that not even Obama (the alleged self proclaimed savior of the world) can even control.
(Article Continues to Part 2)
Aren't "We, the People" the government? - Part 2 of 2
Aren't "We, the People" the government? - Part 2 of 2
The “true” story we have to tell is the story of citizenship derived from our best and most noble parts. It's the story of “We the People” sadly now disappearing along with the common freedom and liberty being stolen from each and every citizen by starting with “perverted” animal control and people controlling laws and their “perverting” common sense “out of” animal law and legislation daily as we speak.
We the People talk a lot about the features of citizenship, like the right to vote but when the corporate – government owned nation of business and law making, makes it so expensive to even be a candidate, let alone the media destroying fine new people like 'Joe the plumber' or Sarah Palin as new candidates, then there is no right to vote, but we sometimes forget what the benefits of a truly free society really were. It seems now days, the people just want to be “taken care of” in all aspects of their life, taking no responsibility for them to survive. A “welfare” state of affairs. So Sad!
The main benefit of citizenship is freedom -- not freedom from external or internal dangers (although that is included in the package, it's only one of the six purposes listed in the Preamble to the Constitution), but freedom to think as we want, to pray as we want, to say what we want, and to live as we want to fulfill our true potential as humans (the other five things listed in the Preamble) which are centered around the ultimate protection of our life, liberty and pursuit of happiness on our own “private property.” Private property which We as People need to protect from the government “tyranny” of unconstitutional enforced government authority intrusion on “We the People” and our private property, which include our pets, and the animals. We as People need to once again “learn” what a blessing it is to “just be free”! We no longer have that concept in mind – sadly!
The question, ultimately, is whether our nation will continue to stand for the values on which it was founded, or will “We the People” be 'marked' like we now are marking our beasts. It's all about the Spirit of God or the Devil to control us through our 'commons'. Like it or not.
President Thomas Jefferson, who beat Adams in the "Revolution of 1800" election, rebuked those who wanted America ruled by an iron-handed presidency that could -- as Adams had -- throw people in jail for "crimes" such as speaking political opinion, and without constitutional due process.
"I know, indeed," that some honest men and women fear that a free and constitutional common government cannot be strong any longer with the onslaught of the OBAMA style FDR socialism, apathy and desire for a welfare government - corporation system to provide all consumer goods; that this government is not strong enough." But, Jefferson in 1800 said our nation was "the world's best hope" precisely because we put our trust in We the People.
Until We the People, trust again in God's laws and that of the U.S. Constitution in its original form (with a Bill of Rights), to keep corporations out of government power, and to limit the legislation making powers and out of control citizen, animal and life altering taxing and tyranny out of control spending of the government, We the People, ARE NOT the government. We the People, in their eyes, are the “enemy” of their corporate - government.
God help us all. Or “Stand Your Ground” and make a difference! It’s Your Choice or your loss. DECIDE NOW! Before it is really too late! Remember it all starts with controlling your pets and animals, then it escalates to We the People in society. Remember that!
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