This past Friday the federal judge finally issued his decision in the case of Louisville Kennel Club, et al vs. Metro Government. The final ruling ran to over 20 pages and will have sweeping impact on a national level as well as in Louisville.
Judge Simpson found that the determination between altered and unaltered dogs is without merit and therefore the requirement of inspection of enclosures for unaltered dogs by Animal Control is unconstitutional.
He additionally found that dogs are personal property [under the 14th Amendment to the US Constititution], and the requirement of a seizure bond (where you must post a bond upon a showing of probable cause and if you cannot post the bond your animals become the property of the state, city etc.)is unconstitutional and a finding of guilt must occur before a court can take your property.
the Court reasoned that no ordinance provision nullifies a warrant requirement and a warrant must be obtained prior to seizure.
Gaming the System: Animal Extremists and the Law
12 years ago
THANK GOD, this is GREAT, Thank you LKC.
ReplyDeleteyou're an idiot - read the decision again genius. you can lose your "property" as long as there is a hearing. go back to school.
ReplyDeleteYou need to reread the ruling, anonymous...The court said that a warrant must be in place before seizure; that requiring a bond be posted is unconstitutional and that a finding of guilt must be made by the court before the owner can be forced to relinquish the animal.
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