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a merger of state and corporate power." Benito Mussolini
"The biggest threat to American democracy is corporate power," Robert F Kennedy
Revised California AB1634 Unleashes
Animal Rights Vigilantes On Dog Owners
A Complaint Does Not Require Proof In Court
American Sporting Dog Alliance
SACRAMENTO, CA –
Animal rights extremists would be given unchecked vigilante powers to attack dog owners under a
revision to AB1634, which is now before the legislature.
The Senate Local Government Committee will hear and vote on the bill this coming Wednesday, June 25th, in Room 112 of the State Capitol. The hearing will start at 9:30
AM. AB 1634 originally was a statewide mandate for spaying or neutering almost all dogs. It was defeated last year, but has
been given new life through an agreement by its primary sponsor, Rep. Lloyd Levine, and Senate Local Government Committee
Chairman Gloria Negrete McLeod.
On the surface, the revised legislation removes mandatory spay and neuter, which has lulled some dog
owners into thinking that this issue has been dropped.
However, an analysis of the legislation by the American Sporting Dog Alliance
shows that the revised bill approaches mandatory spay and neuter through a backdoor approach that is far more devastating
to dog owners than the original version.
The legislation empowers anyone to make a complaint alleging that any dog
owner is in violation of any law or local ordinance. The complaint does not have to be proven, and dog owners are denied the
right to challenge a complaint in a court of law or through an administrative review process.
A simple complaint establishes guilt under the revised legislation, and
“guilt” translates into a choice between paying a high fine (called a civil penalty, which is much more than a
semantic difference) or spaying and neutering one’s dog or dogs. People who are accused of any violation are denied
their day in court, and have no appeal.
This legislative sleight of hand would allow animal rights activists to act as vigilantes by searching the
state and reporting any dog owner who does something they don’t like, even if their complaints are pure fiction.
Here is how the legislation sets up a kangaroo court, with animal rights
fanatics being given the power of judge, jury and hangman. The following material is a list of direct quotes from the legislation
in italics, and some non-italicized commentary by ASDA:
· “The owner of a nonspayed
or unneutered dog that is the subject of a complaint shall be cited and pay a civil penalty as provided in this section. This
civil penalty shall be in addition to any fine, fee, or penalty imposed under any other provision of law or local ordinance.”
“The owner of the dog shall pay the civil penalty to the local animal control agency
within 30 business days of the citation. The local animal control agency shall waive the civil penalty if, within 14 business
days of the citation, the owner of the dog presents written proof from a licensed veterinarian that the dog was spayed or
· “ ’Complaint’
means an oral or written complaint to a local animal control agency that alleges that the dog or the owner of the dog has
violated this division, any other provision of state law that relates to dogs, or a local animal control ordinance. ‘Complaint’
also means the observation by an employee or officer of a local animal control agency of behavior by a dog or the owner of
a dog that violates this division, any other provision of state law that relates to dogs, or a local animal control ordinance.”
· “The civil penalties
shall be as follows:(1) On the first occurrence, fifty dollars ($50). (2) On the second occurrence for the same dog, one hundred
dollars ($100). (3) On the third occurrence for the same dog, the spaying or neutering of the dog by order of the local animal
control agency, with the owner paying the cost of the procedure.”
“ ‘Local animal control agency’ means any city or county animal control
agency or other entity responsible for enforcing animal-related laws or local animal control ordinances.” This
includes Humane Societies
and other animal welfare organizations empowered to enforce animal cruelty or other dog laws.
The only exclusion is that a complaint about barking dogs does not trigger the enforcement actions of this
legislation. All other alleged dog law violations are included.
The legislation does not require an allegation to be proven, and does not
allow an animal control agency the discretionary power to review any complaint for its merits. A simple complaint translates
Using animal cruelty laws as an example, a complaint can be filed by anyone who believes or claims that
someone is not taking good care of an animal. They don’t have to prove it. All they have to do is make a complaint.
Similar cruelty complaints could be lodged against the owner of a dog being hunted or competing in a field trial during bad
Another example is a complaint about alleged leash law violations. Someone
could complain that a dog that is being hunted or is competing in a field trial violates a leash law. This, too, would not
have to be proven.
Still another example would be if an animal rights activist trespassed
on private property, and a dog acted defensively by barking. Such a dog could be accused of being a dangerous dog, simply
for protecting its home against a stranger.
The legal trick is to call an alleged violation an “administrative”
issue, rather than a crime or a violation of civil law. For crimes or violations of civil law, a person is entitled to defend
him or herself in court, and the burden of proof is on the state.
For administrative actions, those guarantees of due process under the law
are denied to dog owners.
There is no requirement for proof of any kind. There is no opportunity
for a dog owner to defend him/herself. There is no appeal.
Another spin-off of this legislation is that local officials would be under
continual siege by animal rights groups to adopt new animal ordinances.
The American Sporting Dog
Alliance urges all California dog owners to contact the members of the Senate Local Government Committee immediately
(remember that the hearing is Wednesday) and express your opposition to this legislation, called AB1634.
Here is contact information for committee members:
Peter Detwiler, Staff Director
Fax: (916) 322-0298
This is a VERY important contact!
Senator Gloria Negrete McLeod (Chair)
State Capitol, Room 2059
, CA 95814
Senator Dave Cox (Vice Chair)
Capitol, Room 2068
Sacramento , CA
Senator Tom Harman
Sacramento , CA
Senator Christine Kehoe
Capitol, Room 4038
Sacramento , CA
Senator Michael Machado
Capitol, Room 5066
Sacramento , CA
The American Sporting Dog Alliance represents owners, hobby breeders and professionals who work with breeds
of dogs that are used for hunting. We are a grassroots movement working to protect the rights of dog owners, and to assure
that the traditional relationships between dogs and humans maintains its rightful place in American society and life. Please
visit us on the web athttp://www.american sportingdogallia nce.org. Our email is ASDA@csonline. net.
The American Sporting Dog Alliance also needs your help so that we can continue to work to protect
the rights of dog owners. Your membership, participation and support are truly essential to the success of our mission. We
are funded solely by the donations of our members, and maintain strict independence.
PLEASE CROSS-POST AND FORWARD THIS REPORT TO YOUR FRIENDS
Dear Fellow Animal Lovers:
We are under siege! The animal rights terrorists have declared war against
is proposing, funding, and lobbying for anti- animal use laws
, and Arizona
particular have become focus areas for their vicious and unrelenting
HSUS is at the root of most of these proposed anti-breeder and
anti-animal use laws. PETA has been especially sadistic
with their recent
attacks using misleading and slanderous PSA’s which blatantly attack hobby
SPCA is enforcing HSUS backed legislation wherever it is enacted often
with the use of firearms as has been demonstrated
recently in L.A.
this story was posted to the list,
we were inundated with stories where
similar abuses have been perpetrated upon our citizenry nationwide.
we are all aware, is trying to push forth their mandate for a vegan
nation by enacting legislation that will control how
our food animals are
raised and kept. The short term effects of this legislation will be a rise
in our food prices.
Long term, they seek to eliminate all animal based food
sources from our diets as well as availability for our pets’
Most recently, we have learned that HSUS is actively lobbying at the federal
level to have a bill sponsored
to mandate spaying and neutering nationwide.
They have even had the unmitigated gall to tell legislators at the federal
’s AB 1634 was warmly embraced by the
public. Furthermore, Californian’s desire for MSN legislation serves as an
example as to how well this
legislation will be accepted and even desired by
all American pet owners according to sources on Capitol Hill.
writing is on the wall! We need to put aside any and all the differences
we may have and band together now as a unified
group to let our U.S.
that we do not wish to have ANY mandatory spay and neuter
laws. This is also the perfect opportunity to point out to our
the terrorist aspects of HSUS and how they violate their 501 c (3)
not-for-profit tax exempt status with
their misrepresentation to garner
donations to fund their political activities. We can show how they are using
process to create a vegan America
as citizens, must
demand that HSUS and PETA be investigated by the FBI for domestic terrorism
and by the IRS for violation
of tax code. All animal owners and breeders,
especially those living in the aforementioned states, need to demand
from these domestic terrorists under the Animal Enterprise
Terrorism Act (A.E.T.A.) The TIME IS NOW to request this from
President, Vice President, your U.S. Senator, your U.S. Representative, the
FBI, the Dept. of Justice and the IRS.
All relevant contact information and
links are provided below. I hope that you will join us in the effort to
Pacelle off at the pass before he can find a sponsor for his
federal MSN bill. Please fax your letters to the contacts
Traditional snail mail with a request for return receipt is particularly
effective in getting their
attention. A standard letter is provided below
which can be used if desired. Please feel free to edit to best suit the
you wish to send. The important thing is to contact everyone NOW!!!
Apathy and complacency will not secure our freedom
& rights. Take the
offensive, stop playing defense to these animal rights terrorists. Ask
yourself – Do you
feel terrorized? Do you feel afraid to open the door? That
is terrorism. Our Federal government has an obligation to protect
us and our
Constitutional rights. It’s time to call for help from the Federal
government. Do it TODAY!
you for taking the time to do this now.
Diane Amble, Director
We the People Pets160 10th StreetSan
Francisco, CA 94103-2618
SAMPLE LETTER :
SEND THIS TO ALL THE BELOW FEDERAL OFFICES--
I am writing to you today about the imminent threat posed to our nation by the actions of animal rights groups.
Large, very well funded and connected, animal rights organizations such as the Humane Society of the United States
and PETA are engaged in a continuous and monumental effort to influence our legislative process to further their ultimate
agenda of no animal use. They are achieving their goal at an alarming rate as one “feel good” animal law after another is
passed by our legislators. More often than not, these law makers believe they are upholding the will of their constituents
by passing laws that will help animals and protect them from cruelty. Sadly, laws proposed by animal rights organizations
are purposefully designed to achieve the opposite end.
As an example, in order to solve a non existent pet overpopulation claim, the Humane Society of the United States
is now seeking to control and eventually end all breeding of cats and dogs by proposing and strongly lobbying for a plethora
of mandatory spay and neuter (msn) laws passed at city, county, and state levels nationwide. California AB1634 and Arizona
HB 2516 are state wide msn bills under consideration for passage. Palm Beach in Florida and Los Angeles, Sacramento and
Stockton in California have
already recently passed msn laws. Exemptions that are provided are cleverly written in a way that no dog or cat breeder will
ever qualify for them. Term limits were upheld recently in California that were voted in by the people to stop professional
martyrs such as Assemblymember Lloyd Levine who serves to promote the animal rights agenda in the already economically depressed
state of California. These laws are blatantly unconstitutional at both state and federal levels. HSUS is currently seeking
a sponsor for a mandatory spay and neuter law, based upon California
’s AB 1634, to be enacted at the federal level.
Once enacted, these laws are typically enforced by the SPCA who illegally assume full police powers to seize pets and terrorize
anyone they feel are not fully compliant with the msn law. These msn laws ultimately interfere with interstate commerce within
the pet industry anywhere they are enacted by eliminating the sources that produce puppies and kittens.
The Humane Society of the United States, not content with its efforts to eliminate all dogs and cats, is actively
seeking to eliminate animal agriculture as well and turn the United States into a purely vegan country. Typically, they do
an expose’ that will convince the public that some form of
cruelty exists. They show veterinary approved and widely excepted methods of animal agriculture, such as use of cages for
hens, expose these methods as cruelty, manipulate the media to broadcast their message, and then seek to redefine how animals
destined for our food shall be raised. The unfortunate but well intended result is that the cost of meat goes up making it
less affordable to the consumer. This takes meat out of the diets of those least able to afford food and puts many children
at risk for malnutrition as animal based protein is essential to human development. One such inspired proposed law in California to regulate the poultry and pork industry is already causing
large farms to plan to leave that state even before the law is enacted. HSUS is no authority on proper animal husbandry and
has absolutely no business even attempting to regulate our agriculture. They are endangering our food supply and all American
citizens by doing so as well as interfering with interstate commerce and therefore, the economic stability of the nation.
HSUS and PETA also blatantly misrepresent themselves for the purpose of garnering millions of dollars in donations
annually from the well meaning public. They claim that they will save animals while in reality doing just the opposite. The
Humane Society of the United States does
not operate any animal shelters save the defunct Black Beauty Ranch the organization inherited as they grow more powerful
taking over many other once effective animal welfare organizations. They do not save pets. They sell their services to pet
shelters for $10,000 or more and promote the Asilomar accord shelter protocol which mandates killing in favor of adoption.
PETA kills 97% of the animals that come into their care. HSUS called for millions of dollars to be donated to them so they
could help save pets and reunite them with their owners after the Katrina disaster. They did not follow through with that
promise. What happened to all of that donated money? The attorney general of Louisiana
is still investigating HSUS over this blatant fraud. They also called for the public to send in donations to save Mike Vick’s dogs even though they did not have them within their custody. This is another
example of donation fraud on the part of HSUS. The laundry list of examples of garnering donations from the public based on
false premise is indeed very long for both of these organizations
Both HSUS and PETA are effectively terrorizing pet owners, owners of exotic animals, and those within the animal agricultural
community with their non-stop agenda to end all animal use through the skillful manipulation of the public, the media, and
our elected officials. These organizations are particularly targeting at this time the following states with their onslaught
of activity: California, Virginia, Texas,
Florida, Washington, and Arizona. As a result, we are now demanding that both HSUS and PETA be investigated by the
FBI and the IRS for fraud and for violation of their status as not-for-profit organizations, skirting 501c IRS code regulations
that a non-profit shall not be involved in a legislative process or campaign of any candidate (Lyndon B. Johnson 1954).*
Because of their multi-million dollar budget, private citizens
have no chance for his or her voice to be heard. These organizations lobby using lies, misrepresentation of animal husbandry
policies and HSUS works directly through our political process to promote their animal rights agenda for total non animal
use. This agenda endangers interstate commerce and our food supply as well as violates their not- for profit status. Their
anti animal use laws such as mandatory spay and neuter laws and breed specific laws are blatantly unconstitutional and violate
animal owner civil and property rights. Furthermore, animal rights groups who believe themselves to be in an enforcement capacity
such as the SPCA assuming police powers, are impersonating police officers, are
armed, and are seizing public property (pets) without due process and are holding illegal hearings in many cases to determine
disposal of seized property. The legal definition of cruelty to animals is the intentional infliction of injury and pain.
It took 20 years to develop and put into place the Federal Animal Welfare Act. Now private 501 c corporations are employing
gun wielding, jack-booted self-appointed vigilantes who are illegally raiding businesses and individuals homes in violation
of our Constitutions. Private corporations are not peace officers. These actions
violate citizen constitutional rights on both state and federal levels. We demand immediate protection from these acts committed
by the Humane Society of the United States,
PETA, and the SPCA under the Animal Enterprise Terrorism Act. We are under siege and desperately need your protection from
these domestic terrorist organizations. History is repeating itself except this time it is on our soil. With the passing of
mandatory spay neuters laws in each community, the once law abiding citizen is made a criminal, now fearful of that knock
on the door.
Thank you so much for your time and prompt action on this matter.
*The tax law,
which prevents so-called direct political intervention by tax-exempt organizations, known as 501(c)(3)s, was first introduced
as a little-noticed amendment in 1954 by then-Sen. Lyndon Johnson, Dem.
IRS Guide for Measuring
Lobbying Activity: Substantial Part Test
Whether an organization’s attempts to influence
legislation constitute a substantial part of its overall activities is determined on the basis of all the pertinent facts
and circumstances in each case. The IRS considers a variety of factors, including the time devoted (by both compensated
and volunteer workers) and the expenditures devoted by the organization to the activity, when determining whether the lobbying
activity is substantial.
substantial part test, an organization that conducts excessive lobbying activity in any taxable year may lose its tax-exempt
status, resulting in all of its income being subject to tax. In addition, a religious organization is subject to an excise tax equal to five percent of its lobbying expenditures for the year in which it ceases to qualify
tax equal to five percent of the lobbying expenditures for the year may be imposed against organization managers, jointly
and severally, who agree to the making of such expenditures knowing that the expenditures would likely result in the loss
of tax-exempt status.
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