Victory for Louisville KC in Suit Against City
---------- Forwarded message ----------
A new Legislative Alert has been posted to the AKC web site
(http://www.akc.org/news/index.cfm?article_id=3976):
Victory for Louisville KC in Suit Against City
October 06, 2009
Late Friday, United States District Court Judge Charles R. Simpson,
III, of the Western District of Kentucky issued his decision in the
case of the Louisville Kennel Club, Inc. v. Louisville/Jefferson
County Metro Government. A significant victory for the Louisville
Kennel Club, the judge's decision features two key rulings that may
also prove to be of great importance for dog owners nationwide.
First, Judge Simpson held that there was no rational basis why owners
of unaltered dogs should be treated differently than the owners of
altered dogs. This declared the part of the ordinance that required
owners of unaltered dogs to get the Director's written approval for
those dogs' enclosures (owners of altered dogs did not have such a
requirement) as an unconstitutional violation of Equal Protection and
Substantive Due Process.
Reiterating another court's earlier decision that recognized that dogs
are personal property, the judge further held Louisville's seizure
bond requirement as an unconstitutional violation of procedural due
process rules. This requirement, which required anyone accused of
animal cruelty to post bond for the care of their seized animals,
would have resulted in the forfeiture of animals if they were not able
to pay for the bond regardless of whether or not they were later
determined to be innocent.
"We congratulate the Louisville Kennel Club and their co-plaintiffs on
their leadership in opposing the Louisville ordinance," said Dennis
Sprung, President and CEO of the American Kennel Club. "We are
confident that this decision will encourage communities to consider
the interests of responsible dog breeders and owners when making
changes to their animal ordinances."
For a copy of the ruling, please click here.
For more information, contact AKC's Government Relations Department at
(919) 816-3720, or e-mail doglaw@akc.org.
