Letter to the Connecticut House Environment Committee Regarding HB 5827 “An Act Concerning Animal Shelters”
March 11, 2008
RESPONSIBLE DOG OWNERS OF THE WESTERN STATES
P.O. Box 1406
Newport, WA 99156
Web Site http://www.povn.com/rdows
E-mail US rdows@povn.com
Blog http://rdows.wordpress.com/
E-mail List http://groups.yahoo.com/group/rdows
Cherie Graves, Chairwoman, WA, (509) 447-2821
Judy Schreiber, Assistant to the Chair, Director at Large, rdows directoratlarge@chevalier-bullterriers.com
Elizabeth Pensgard, Executive Secretary, Illinois Director, bpensgard@yahoo.com
Hermine Stover, Media Liaison, Director at Large, CA, hermine@endangeredspecies.com
Mary Schaeffer, Finance Director, finedogs@hotmail.com
Arizona Director, John Bowen, johnalldogs@sprintmail.com
California Director, Jan Dykema, bestuvall@sbcglobal.net
Indiana Director, Charles Coffman, candkcoffman@comcast.net
Iowa Director, Leisa Boysen, rdows_iowa@yahoo.com
Mississippi Director, Dan Crutchfield, farmer1@telepak.net
Nevada Director, Ken Sondej, 4winds@viawest.net
Tennessee Director, Gina Cotton, ginacotton@msn.com
Texas Director, Alvin Crow, crobx@austin.rr.com
March 8, 2008
Dear esteemed members of the Environment Committee:
It was with great concern that I first learned of HB 5827.
Particularly worrisome is the provision in this bill that would allow the Department of Agriculture to make warrantless inspections of any private home caring for ten or more rescued animals (of any species) over six months of age, at any time of day or night.
Additionally, HB 5827 provides no clarity regarding standards of animal care to which rescuers would have to adhere, or what could constitute a violation, leaving rescuers wide open to arbitrary decision-making by the Department of Agriculture.
Rescuers who fail to purchase the required license allowing the Department of Agriculture unimpeded access to their homes, or who continue to rescue animals despite license suspension or revocation, would be subject to a fine of up to $1,000 and/or up to a year in prison.
This is excessive and insures compliance only through coercion, which can hardly be reasonable or constitutional since the 4th amendment guarantees “the right of the people to be secure in their persons, houses, papers, and effects, against unreasonable searches and seizures” which “shall not be violated, and no warrants shall issue, but upon probable cause, supported by oath or affirmation, and particularly describing the place to be searched, and the person or things to be seized.”
Because of these concerns I must ask that you not vote HB 5827 out of committee. Thank you for your time and consideration.
Respectfully,
Elizabeth Pensgard
Executive Secretary and Illinois Director, Responsible Dog Owners of the Western States
Director, Responsible Dog Owners Group of Illinois
http://www.povn.com/rdowshttp://rdows.wordpress.com
http://groups.yahoo.com/group/BSL56-UAOA
http://www.unitedanimalownersalliance.com/
http://groups.yahoo.com/group/RDOWS
http://rdows.wordpress.com/2008/03/11/letter-to-the-connecticut-house-environment-committee-regarding-hb-5827-an-act-concerning-animal-shelters/#comment-327
8/28/08
8/10/08
Void for Vagueness Doctrine
A doctrine derived from the DUE PROCESS CLAUSES of the FIFTH and FOURTEENTH AMENDMENTS to the U.S. Constitution that requires criminal laws to be drafted in language that is clear enough for the average person to comprehend.
If a person of ordinary intelligence cannot determine what persons are regulated, what conduct is prohibited, or what punishment may be imposed under a particular law, then the law will be deemed unconstitutionally vague. The U.S. Supreme Court has said that no one may be required at peril of life, liberty, or property to speculate as to the meaning of a penal law. Everyone is entitled to know what the government commands or forbids.
The void for vagueness doctrine advances four underlying policies. First, the doctrine encourages the government to clearly distinguish conduct that is lawful from that which is unlawful. Under the Due Process Clauses, individuals must be given adequate notice of their legal obligations so they can govern their behavior accordingly. When individuals are left uncertain by the wording of an imprecise statute, the law becomes a standardless trap for the unwary.
Second, the void for vagueness doctrine curbs the *ARBITRARY and discriminatory enforcement of criminal statutes. Penal laws must be understood not only by those persons who are required to obey them but by those persons who are charged with the duty of enforcing them. Statutes that do not carefully outline detailed procedures by which police officers may perform an investigation, conduct a search, or make an arrest confer wide discretion upon each officer to act as he or she sees fit. Precisely worded statutes are intended to confine an officer's activities to the letter of the law.
* The term arbitrary describes a course of action or a decision that is not based on reason or judgment but on personal will or discretion without regard to rules or standards.
An arbitrary decision is one made without regard for the facts and circumstances presented, and it connotes a disregard of the evidence. In many instances, the term implies an element of bad faith, and it may be used synonymously with tyrannical or despotic. http://law.jrank.org/pages/4415/Arbitrary.html
http://law.jrank.org/pages/11152/Void-Vagueness-Doctrine.html
If a person of ordinary intelligence cannot determine what persons are regulated, what conduct is prohibited, or what punishment may be imposed under a particular law, then the law will be deemed unconstitutionally vague. The U.S. Supreme Court has said that no one may be required at peril of life, liberty, or property to speculate as to the meaning of a penal law. Everyone is entitled to know what the government commands or forbids.
The void for vagueness doctrine advances four underlying policies. First, the doctrine encourages the government to clearly distinguish conduct that is lawful from that which is unlawful. Under the Due Process Clauses, individuals must be given adequate notice of their legal obligations so they can govern their behavior accordingly. When individuals are left uncertain by the wording of an imprecise statute, the law becomes a standardless trap for the unwary.
Second, the void for vagueness doctrine curbs the *ARBITRARY and discriminatory enforcement of criminal statutes. Penal laws must be understood not only by those persons who are required to obey them but by those persons who are charged with the duty of enforcing them. Statutes that do not carefully outline detailed procedures by which police officers may perform an investigation, conduct a search, or make an arrest confer wide discretion upon each officer to act as he or she sees fit. Precisely worded statutes are intended to confine an officer's activities to the letter of the law.
* The term arbitrary describes a course of action or a decision that is not based on reason or judgment but on personal will or discretion without regard to rules or standards.
An arbitrary decision is one made without regard for the facts and circumstances presented, and it connotes a disregard of the evidence. In many instances, the term implies an element of bad faith, and it may be used synonymously with tyrannical or despotic. http://law.jrank.org/pages/4415/Arbitrary.html
http://law.jrank.org/pages/11152/Void-Vagueness-Doctrine.html
Feudal Connecticut Topples A Chief
July 18, 2006
I say amend the state constitution. We don't need 13 minilords and a figurehead chief cluttering up the courts. Centralize control of the state's prosecutors: It will yield efficiency and savings.
Morano's sin? He tried to act like a leader. He was visible. He took risks. He created new units with new mandates. Put another way, he stepped on some toes. Hence the opposition to him without even the courtesy of a bill of particulars.
In the meantime, give me a call if you are looking for work, Chris. Plenty of work here on the darkside. As you know, some of the state's prosecutors swing first and ask questions later.
http://federalism.typepad.com/crime_federalism/2006/07/feudal_connecti.html
I say amend the state constitution. We don't need 13 minilords and a figurehead chief cluttering up the courts. Centralize control of the state's prosecutors: It will yield efficiency and savings.
Morano's sin? He tried to act like a leader. He was visible. He took risks. He created new units with new mandates. Put another way, he stepped on some toes. Hence the opposition to him without even the courtesy of a bill of particulars.
In the meantime, give me a call if you are looking for work, Chris. Plenty of work here on the darkside. As you know, some of the state's prosecutors swing first and ask questions later.
http://federalism.typepad.com/crime_federalism/2006/07/feudal_connecti.html
8/9/08
Live free or die?
Please understand that there is no need to stop your resistance activities at this point, it is too late. You have already been entered. However, you are always free to do so and it might help knock off a decade of internment.
On the other-hand, since you really have nothing left to lose but more freedom it might be wise to step up your resistance activities. The above can only occur if the present trend and the structure of the existing government continue unstopped. The authoritarian, fascist, mercantile domination of the American government is a systemic problem and CANNOT be solved from within or using the existing form of government. The system must be overhauled completely with new safe guards installed immutably to guarantee personal liberties.
The following is proof of the utter impotence of the existing structure to guarantee liberty. ALL they do is register an IMPOTENT protest while allowing the vivisection of YOUR lives, liberty and pursuit of happiness.
http://questforfairtrialinconcordnh.blogspot.com/
On the other-hand, since you really have nothing left to lose but more freedom it might be wise to step up your resistance activities. The above can only occur if the present trend and the structure of the existing government continue unstopped. The authoritarian, fascist, mercantile domination of the American government is a systemic problem and CANNOT be solved from within or using the existing form of government. The system must be overhauled completely with new safe guards installed immutably to guarantee personal liberties.
The following is proof of the utter impotence of the existing structure to guarantee liberty. ALL they do is register an IMPOTENT protest while allowing the vivisection of YOUR lives, liberty and pursuit of happiness.
http://questforfairtrialinconcordnh.blogspot.com/
Family Rights Radio
Is a not for profit charitable independent webcast effort to educate the public, give compassionate understanding, embrace and voice to the innocent victims; and expose the damage to children and the human family caused by immoral bureaucracy and those exploitive individuals and professionals willing to use and abuse America's and anyone else's precious children, innocent parents and caring individuals; stealing away happiness, health, resources, money and real property while violating our God given Constitutional Rights for their own useless employment, corrupt control, heartless greed and vile profit! -- Listen, Learn, Participate and Empower Yourself with Knowledge!
http://www.uscdc.org/FamilyRightsRadio.htm
http://www.uscdc.org/FamilyRightsRadio.htm
"DOMESTIC TERRORISTS", EXACTLY LIKE WHAT WAS DISCUSSED IN THE STOSSEL REPORT
It is very important to note that these people are NOT CONCERNED with the welfare of animals. They care only about control and money. They want to STEAL your property and control you. They have absolutely NO RIGHT to tell you how to sell your property...cats and dogs are your property. The US Constitution says it is our property and that nobody has the right to tell or force the property owner how to dispense of his or her own property. Yet these people rather than be concerned with the welfare of abused animals in the State of Maine like they were supposedly hired to do or I would have assumed by the job title, care only about seizing your animals, selling them within their organizations with kickbacks to crooked politicians and pocketing the rest.
http://downeastminiaussies.homestead.com/Animalracketeers.html
http://downeastminiaussies.homestead.com/Animalracketeers.html
8/7/08
When Vultures Rule
It is estimated by one group in California that there are 30,000 victims of unconstitutional / illegal animal seizures and that number is growing daily.
If you have not yet been a victim of animal enterprise terrorism, the most important thing you can do to protect yourself is to buy Federal No Trespassing signs - cost is approximately $20 each - and post one at every entrance to your property.
These signs list the Criminal Code U.S.C. Title 18 Section 241. They also place the trespasser on notice of the protections of the U.S. Constitutional Articles. This sign lists the following paragraph:
“Any Officer, or other person at the direction of any Officer, whether an undercover agent or not, who attempts to enter these premises without a proper warrant or Judgment issued out of a Court which is a part of the Judicial Branch of the Government, & issued under the Seal of the Court & legally signed will be treated as any other trespasser or lawless intruder would be when attempting to break & enter an inhabited dwelling when warned not to do so. You will be prosecuted to the fullest extent of the law.”
What this sign means to you in terms of protection for you and your property is that any local or state police, sheriff, FBI, CIA, etc. MUST be in possession of a legal warrant in order to cross the sign.
They must have a second, separate warrant in order to conduct a search of your property or to take your property.
Without both warrants in their possession, you can and should sue them in the United States District Court in your state. That is NOT the State District Court, that is the U.S. District Court.
.... One of the most prevalent ruses used by the domestic animal terrorists is that they received a complaint about your animals anonymously and are there to check out that complaint.
If you agree to waive your rights thinking that your animals are clean, well fed, healthy, it is a mistake of monumental proportions because as you will see in future articles, State officials have used photographs of animals and barns not belonging to the owner in question.
If you have not yet been a victim of animal enterprise terrorism, the most important thing you can do to protect yourself is to buy Federal No Trespassing signs - cost is approximately $20 each - and post one at every entrance to your property.
These signs list the Criminal Code U.S.C. Title 18 Section 241. They also place the trespasser on notice of the protections of the U.S. Constitutional Articles. This sign lists the following paragraph:
“Any Officer, or other person at the direction of any Officer, whether an undercover agent or not, who attempts to enter these premises without a proper warrant or Judgment issued out of a Court which is a part of the Judicial Branch of the Government, & issued under the Seal of the Court & legally signed will be treated as any other trespasser or lawless intruder would be when attempting to break & enter an inhabited dwelling when warned not to do so. You will be prosecuted to the fullest extent of the law.”
What this sign means to you in terms of protection for you and your property is that any local or state police, sheriff, FBI, CIA, etc. MUST be in possession of a legal warrant in order to cross the sign.
They must have a second, separate warrant in order to conduct a search of your property or to take your property.
Without both warrants in their possession, you can and should sue them in the United States District Court in your state. That is NOT the State District Court, that is the U.S. District Court.
.... One of the most prevalent ruses used by the domestic animal terrorists is that they received a complaint about your animals anonymously and are there to check out that complaint.
If you agree to waive your rights thinking that your animals are clean, well fed, healthy, it is a mistake of monumental proportions because as you will see in future articles, State officials have used photographs of animals and barns not belonging to the owner in question.
The complaint was that I supposedly had "sick and dying cats and kittens living in deplorable conditions and authorities needed to do something about it".
.... Typically there is no notice of any problem because there is no problem with your animals.
Jealously guard your United States Constitutional rights. They are all that stand between you and a jail cell.
How can judges ignore the law, make up laws, and enforce laws that do not exist, violate your U.S. Constitutional protections to a trial by jury and more?
Are you thinking that victims of animal enterprise terrorism/organized criminal racketeering should have asked for an investigation by: the Attorney General of their state, senators or representatives on the federal and local levels, the FBI and Homeland Security (since this is domestic terrorism), Justice Department, the Overseers of the Bar (for judges’ violations of the citizen’s due process rights), etc? Would it surprise you to learn that many did? They either never heard back from these people or they received letters saying no investigation would be conducted.
.... “official oppression” (quite illegal) to try to force me to give up my U.S. Constitutional rights to the animals. (When two or more persons conspire to deprive you of your legally owned property, the law labels that activity as Racketeering - - Look up the R.I.C.O. racketeering law.)
WHY are attorneys failing to represent their clients? The answer is rooted in the law. Please look up Section 7 C.J.S. (Corpus Juris Secundum) Page 802 (Attorney & Client) which in significant part says – and I quote: “His (attorney’s) first duty is to the courts and the public, not his client, and wherever the duties to his client conflict with those he owes as an officer of the court in the administration of justice, the former must yield to the latter.” In plain terms, your attorney will throw you under the bus if he is instructed to do so by the judge. And in animal seizure cases, that is exactly what happens. As you saw when you read John Stossel’s 20/20 report, animal seizure under color of law is a multi million dollar business for the States engaged in it.
http://www.americanchronicle.com/articles/31668
8/3/08
Dead Dog Blues
Alan Weisenberg’s old pet Chihuahua was confiscated by Animal Control, and later died. He is now being charged with cruelty to animals for letting it live so long.
... under what circumstances a dog owner could be legally compelled to put his pet down, and were surprised to learn the answer is “none.” If a dog is violent the state can confiscate and destroy it, but the owner’s not obliged to do so. Therefore, if Jones tried forcing Weisenberg to euthanize the dog, she far overstepped her authority as an Animal Control officer.
http://www.hartfordadvocate.com/article.cfm?aid=5398
http://www.animalcontrolwatch.com/ct-dead-dog-blues
... under what circumstances a dog owner could be legally compelled to put his pet down, and were surprised to learn the answer is “none.” If a dog is violent the state can confiscate and destroy it, but the owner’s not obliged to do so. Therefore, if Jones tried forcing Weisenberg to euthanize the dog, she far overstepped her authority as an Animal Control officer.
http://www.hartfordadvocate.com/article.cfm?aid=5398
http://www.animalcontrolwatch.com/ct-dead-dog-blues
Constitutional Rights?
She said something like, “Your animals are all healthy, and they have adequate clean food and water, so my only question is why you do this.”
I agreed with her that it was a lot of work, and I certainly don’t get the food for free.
She said, “Well, if you’re doing this much work for this many animals, you must not have much of a life.”
Why do we do it?
Because we love animals, because we want to help animals, because it is the right thing to do?
What business is it of hers why we do it?
As for not having much of a life, well, we can all do the things we are able to do to try to have the kind of life we want.
At least, in the America I want to live in.
And getting feral cats TNRed deserves kudos, not criticism.
Again, in the America I want to live in.
http://www.animalcontrolwatch.com/
I agreed with her that it was a lot of work, and I certainly don’t get the food for free.
She said, “Well, if you’re doing this much work for this many animals, you must not have much of a life.”
Why do we do it?
Because we love animals, because we want to help animals, because it is the right thing to do?
What business is it of hers why we do it?
As for not having much of a life, well, we can all do the things we are able to do to try to have the kind of life we want.
At least, in the America I want to live in.
And getting feral cats TNRed deserves kudos, not criticism.
Again, in the America I want to live in.
http://www.animalcontrolwatch.com/
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