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Showing posts with label Legal. Show all posts
Showing posts with label Legal. Show all posts
Saturday, January 18, 2014
Washington State Bill Proposes Criminalizing Help to NSA, Turning Off Resources to Yakima Facility
The state level campaign to turn off power and electricity to the NSA got a big boost Wednesday.
In a bipartisan effort, Washington became first state with a physical NSA location to consider the Fourth Amendment Protection Act, designed to make life extremely difficult for the massive spy agency.
Rep. David Taylor (R-Moxee) and Rep Rep. Luis Moscoso (D- Mountlake Terrace) introduced HB2272 late Tuesday night. Based on model language drafted by the OffNow coalition, it would make it the policy of Washington “to refuse material support, participation, or assistance to any federal agency which claims the power, or with any federal law, rule, regulation, or order which purports to authorize, the collection of electronic data or metadata of any person pursuant to any action not based on a warrant.”
Practically speaking, the bill prohibits state and local agencies from providing any material support to the NSA within their jurisdiction. This includes barring government-owned utilities from providing water and electricity. It makes information gathered without a warrant by the NSA and shared with law enforcement inadmissible in state court.
It blocks public universities from serving as NSA research facilities or recruiting grounds. And it disincentivizes corporations attempting to fill needs not met in the absence of state cooperation.
Lawmakers in Oklahoma, California and Indiana have already introduced similar legislation, and a senator in Arizona has committed to running it there, but Washington counts as the first state with an actual NSA facility within its borders to consider the Fourth Amendment Protection Act. The NSA operates a listening center on the Army’s Yakima Training Center (YTC). The NSA facility is in Taylor’s district, and he said he cannot sit idly by while a secretive facility in his own backyard violate the rights of people everywhere.
“We’re running the bill to provide protection against the ever increasing surveillance into the daily lives of our citizens,” he said. “Our Founding Fathers established a series of checks and balances in the Constitution. Given the federal government’s utter failure to address the people’s concerns, it’s up to the states to stand for our citizens’ constitutional rights.”
According to documents made public by the US Military, as of 2008, a company called PacifiCorp serves as the primary supplier of electric power, and Cascade Natural Gas Corporation supplies natural gas to YTC. The Kittitas Public Utility District, a function of the state of Washington, provides electric power for the MPRC and the Doris site, but no documentation has yet proven that it also provides electricity used directly by the NSA facility on site.
And while YTC does provide a bulk of its own water, documents also show that some of it gets there by first passing through upstream dams owned and operated by the State.
The Army report states, “YTC lies within three WAUs whose boundaries coincide with WRIAs, as defined by the State of Washington natural resource agencies.”
WAU’s are Washington State Water Administration Units. WRIAs are Washington State Water Resource Inventory Areas
A Washington company also has a strong link to the NSA. Cray Inc. builds supercomputers for the agency.
If the bill passes, it would set in motion actions to stop any state support of the Yakima center as long as it remains in the state, and could make Cray ineligible for any contracts with the state or its political subdivisions.
Three public universities in Washington join 166 schools nationwide partnering with the NSA. Taylor’s bill would address these schools’ status as NSA “Centers of Academic Excellence,” and would bar any new partnerships with other state colleges or universities.
Tenth Amendment Center national communications director Mike Maharrey says the bills prohibition against using unconstitutionally gathered data in state court would probably have the most immediate impact. In fact, lawmakers in Kansas and Missouri will consider bills simply addressing this kind of data sharing.
“We know the NSA shares data with state and local law enforcement. We know from a Reuters report that most of this shared data has absolutely nothing to do with national security issues. This bill would make that information inadmissible in state court,” he said. “This data sharing shoves a dagger into the heart of the Fourth Amendment. This bill would stop that from happening. This is a no-brainer. Every state should do it.”
Maharrey said he expects at least three more states to introduce the act within the next few weeks.
“This idea is catching fire,” he said. “And why wouldn’t it? We have an out of control agency spying on virtually everybody in the world. We have a president and a Congress that appears poised to maybe put a band aid on it. Americans are realizing if we are going to slow down the NSA, we are going to have to take a different approach. This is it.”
ACTION ITEMS
In Washington State: Take action to support HB2272 HERE.
Other states: Contact your state legislators today – urge them to introduce similar legislation. Model bills and contact info HERE.
Friday, January 17, 2014
Shame On Portland Oregon And Treatment of Animals
MOZART: UPDATE
Friday January 17, 2014
Multnomah
County has so far made no public announcement about Mozart’s
availability to rescue or if he will be permitted to go to the rescue
that has requested him. A
citizen reports that when she contacted MCAS after being forwarded to
the agency by the county commission that Mozart remained at MCAS because
apparently the owner had not so far picked him up.
That statement is
categorically false. MCAS refused to release Mozart to Mr. Herbold who
owned Mozart for 6 years. On
Monday, January 06, Attorney Robert Babcock filed a lawsuit charging
MCAS and Director Michael Oswald with the tort of conversion: unlawfully
holding the property of another. To date the county records pertaining
to this case that were requested by Robert Babcock have not been
provided.
There
is a report that a staff meeting was held at MCAS on Monday, January 13
to decide Mozart’s fate. The shelter manager then left on vacation and
will be gone until January 21.
I believe that the data being considered in the decision are
· The
animal care technician’s notes of Mozart in the shelter (MCAS has no
behaviorist; the term used by the agency technician and MCAS is self
ascribed; the individual who conducts and conducted this temperament
test has a certificate for private dog training). The technician
recommended euthanasia.
· A
review of the animal care technician’s notes and her own summaries by a
behavior veterinarian who conducted no independent first hand
interviews and never saw the dog.
· The
bite: The bite was reported to result in stitches to the hand. The
individual went to work: the reason offered for the lack of pictures.
There is apparently no photograph of the bite on file. When picture(s)
were requested through public records MCAS reported they had none.
His
status remains uncertain and all negotiations have been behind closed
doors. We will start a petition if silence, lack of communication and
uncertainty continue.
Sunday, January 12, 2014
Why Does Portland Oregon Allow Animal Control To Get Away With This?
This is the Facebook page from which this action alert is posted: https://www.facebook.com/permalink.php?story_fbid=194992030695088&id=140041316190160
UPDATE
January 10, 2014
Mozart continued incarceration at the MCAS facility is causing him severe emotional and psychological l distress. If
continued, this stress will begin to destroy his physical health as
well. Every day he remains in the MCAS facility, his chances of recovery
become diminished because of agency imposed conditions. The words
"cruel and unusual" come to mind when describing his current situation.
Weeks
have gone by. Multnomah County Animal Services serving Portland and
Multnomah County Oregon continues to delay, responding with silence or
with a request for one more free evaluation, not even acknowledging long standing offers of rescue for Mozart that
meet every mark and every condition.
Day after day Mozart, once a
family dog, remains in solitary confinement without exercise, social
interaction, or freedom, and his every behavior scrutinized and
documented for evidence of stress. Animal control imposed stress
generates harm and inevitably will generate deterioration. MCAS has a long history of rejecting humane options. Animals are held hostage to their arbitrary authority.
On
Monday afternoon, January 06, 2014, James Herbold’s attorney, Robert
Babcock, filed a lawsuit charging MCAS and animal control director
Michael Oswald with unlawfully holding the property of another.
Please contact the Multnomah County Commissioners asking that Mozart be freed. His life depends upon it.
Thank you for acting on behalf of compassion and the humanity we share with all animals.
Gail O’Connell-Babcock
Labels:
Activist,
Animal cruelty,
animals care,
Corruption,
Legal,
Shelters
Thursday, January 9, 2014
Portland Oregon Homeless Continue To Be Bullied & Dogs Seized
To:
Michael Oswald
Kim
PeoplesMultnomah County Chair Marisa Madrigal
CC: Legal Aide Officer Michelle Luckey
CC:Marc Jolin, JOIN
CC: Robert Babcock
CC: Others in the community
The question is : What is wrong with the current picture?
First, although I was the author of this letter of concern ( below), I was excluded as a recipient from Michelle Luckey's response. That illustrates a common dysfunctional leveraging agency practice: eliminating others views or opportunity to respond by deliberately shoving them out of the way when their point of view might differ. Permitting dialog. that might change minds and lead to change is stifled. Only one point of view is permitted: the status quo..
That must change.
Two, the litany of David Jacobs minor infractions intended to label him as a scofflaw is part of a familiar pattern of focusing upon an individual until a dosier of complaints is built up then saying" That's it: I got you." and bringing the hammer down.
Nowhere as incidents occur, (and owning dogs on the streets is indeed challenging), does MCAS engage anyone they have cited in constructive interventions most likely to lead to change.. At most homeless citizens are told to muzzle their dogs constantly except when eating or drinking or exercising or in cases of extreme heat, open to a range of subjective judgement.
These recommendations are virtually impossible to follow and a restriction of constant muzzling is inhumane.Instead more tickets are followed by unaffordable escalating fines followed by seizing the dogs of the homeless and the most frequent outcome, almost always, is killing their companion animals. I can provide those records.
Citizens, particularly the homeless, and often minorities, are targeted and it seems to become a mission "to get them".
It took weeks and persistence to locate David Jacobs when all MCAS had to do was notify him ( and others in similar predicaments) that pro bono legal and training help are available. MCAS has persistently refused. to do so or cooperate in any way despite our frequent requests. Instead they,offer as a false justification that then they would have to notify the homeless of all the attorneys and trainers in the county.
That statement is hugely misleading and patently false. The intransigent position of refusing notification means homeless parties are denied help in an administrative hearing stacked against them. The motive to deprive them of fair play and justice is clear , MCAS has also consistently refused to accommodate the financial constraints of homelessness by lowering appeal fees ( $25 plus $100 impound fee).
It is clear from the combination of those two practices that the county intends to deprive its poorest, most vulnerable, and least powerful citizens of due process rights because they have no financial means.
This is about unilateral power and the abuses of this power, beginning with not permitting a response.
The status quo: Citizens are targeted with escalating fines and punishments but punishment teaches nothing especially to those who are homeless. Other communities utilize mediation, owner education diversion programs, and seek solutions founded upon prevention and education. MCAS is modeled on escalating fines, punishment and threats and unilateral control, an ineffective model leading to repeat offenses because nothing gets solved, meaning the model fails, and fails citizens because that is the only tool MCAS utilizes.
Silencing constructive criticism and debate is just another form of bullying. For the sake of this community and its citizens, among them the most vulnerable, can we not have a constructive debate that goes beyond push back and silencing, from the status quo? That is how beneficial change happens.This community deserves that.
Sincerely,
Gail O'Connell- Babcock
503.625.4563
Monday, December 30, 2013
Portland Or Continues To Allow Seizure of Animals Belonging to Homeless
To: Kim Peoples
Marisa Madrigal, County Chair
The Multnomah County Commission
Portland City Council
CC: Michael Oswald
CC: Robert Babcock
Regarding NOI 85103 to David Jacobs, homeless, failure to comply Level 2 for his Belgian Shepherd, Striker:
"Upon a guilty or default conviction the director shall suspend ownership of the dog Striker
Michael
Oswald will not permit information about available pro bono legal help
and other resources to be conveyed by county employees to homeless
parties. With no fixed address permitting correspondence and often no
telephone, contact becomes extraordinarily difficult. Yet they are the
citizens in greatest need. Previous directors did provide that
information. Mr. Oswald's recent alleged interest in our pro bono legal
services came as a surprise as our services are widely known especially
at MCAS. It is why we get public records. Attorney Robert. Babcock
represents citizens at MCAS hearings pro bono. We have been providing
pro bono services from legal to training help to dog owners since 1995.
Robert Babcock was recognized by the Oregon bar a few years ago for his
pro bono work. Does that affirmation help?
The agency's
alleged rationalization for not providing the contact information for
our services is that then MCAS would have to provide the names of all
trainers and attorneys throughout the local area. There is no possible
thoughtful response to that false allegation.
David
Jacobs who is homeless and notes sometimes he has mental health
difficulties (making it hard for him) has called me on a cell phone
belonging to another homeless person, a person who unfortunately conveys
messages erratically. He asked for legal help dealing with his dog's
impoundment, his frustrations with MCAS non-responsiveness and their
unilateral seizure of Striker. The county has one position: theirs.
They
do not help. He said he was not out of compliance with MCAS
requirements when his dog was seized and that MCAS just took his dog and
won't give him back; that he has no ticket but paid the requested $125
and no one will tell him when a hearing is going to be. He has gone
outto MCAS multiple times. All he is told is wait for a court date but
none is provided ( Most of the legal/enforcement staff is on vacation
this month according to agency voice mail/e-mails)
If
Mr Jacobs hasn't paid the $125, I will pay it out of pocket. And then
we will discuss MCAS refusal to excuse/void unaffordable impoundment and
hearing fees for the homeless as well as others with limited restricted
incomes. As a unilateral competitive tactic MCAS effectively denies the
homeless due process rights that should be afforded to all Multnomah
County citizens. The right to a hearing should not be limited
by economics/income. It is shameful that this county purposely denies
due process rights to tactical immoral advantage. That must change.
Robert
Babcock will help Mr. Jacobs (He will represent him; Mr. Jacobs asked
for help) if the concerns about Striker cannot be resolved before the
undated hearing. I will find a way to reach him and confirm that the
requested help is granted.
MCAS long
extensive documented history of bullying, threats, fines, abuse of
authority and power, and extorted surrender must stop I have the
documents and cases. Communities, far less progressive then the metro
area, engage in education, prevention, owner diversion classes and
mediation. This county abuses the poor, minorities and the homeless and
the mentally ill. That is the crime. There are other problem
solving avenues beyond seizing and killing companion animals of the
vulnerable, and taking advantage of their powerlessness..
It is time to change now.
Gail O'Connell-Babcock, PhD
Watchdog/Citizens for Humane Animal Legislation
16004 SW Tualatin-Sherwood Road # 508
Sherwood OR, 97140
Telephone: 503.625.4563.
Labels:
Animal cruelty,
animal safety,
animals care,
Legal,
Shelters
Tuesday, December 24, 2013
Multnomah County's (Portland, Or) idiotic counter productive animal control policies
To: Kim Peoples
The Multnomah County Commission
Portland City Council
Repeatedly
it has been brought to your attention ( the correspondence and
documentation in the following August e-mail is only one of many) that
Multnomah County's regressive,ineffective cruel animal control agency
preys upon the public, issuing threats, fines and excessive penalties
often accompanied by the seizure, suspension of ownership and
the killing of companion animals for correctable often quite minor
offenses.The homeless are often charged as in a recent case $1500 in
fines and effectively denied legal representation by being denied
information that pro bono legal services are available. Minorities are
accused of faking their ignorance of English. Multnomah County sponsors
government animal abuse because of the laziness and indifference of
Multnomah County government when it pertains to animals. Multnomah
County government protects the comfort of long term employees not
public service
Attached above is another set of
tickets: " we are forcing surrender of your dog" ( almost always for
correctable minor offenses); "one more time and we will force the
surrender of your dog." virtually always meaning killing. Never once
does MCAS work with the public to solve problems.They have no owner
diversion programs; offer no prevention and education; and exist in a
culture that quite commonly operates above or outside the law, relying
exclusively upon primitive threats, excessive fines, and punishments
that solve nothing and only inflict alienation and pain. That is what
bullies do, govenrment sponsored. They are always on vacation and
absent/ impossible to reach: "Telephone hours are not currently ( or
ever) available.". Sometimes the entire upper management is out at the
same time. .
The fact that Multnomah County has
not responded to or addressed these problems (always in meetings; deaf
to public service) is the final insult to the citizens of this
community.
What does it take to for this government to work?
What is wrong with Multnomah County's representatives?
And
what does it take to get new government officials who care and act upon
compassion, decency and common sense and a real commitment to public
service?
We need those officials now.
Gail O'Connell-Babcock, Ph.D.
Citizens for Humane Animal Legislation/Watchdog
16004 SW Tualatin-Sherwood Road, # 508
Citizens for Humane Animal Legislation/Watchdog
16004 SW Tualatin-Sherwood Road, # 508
Sherwood OR 97140
Telephone: 503.625.4563
Sent: Mon, Aug 12, 2013 2:39 pm
Subject: Multnomah County's idiotic counter productive animal control policies: failing the community
Subject: Multnomah County's idiotic counter productive animal control policies: failing the community
To: Michael Oswald
Kim Peoples, Department of Community Services
Officer Charles Poetz
Jeff Cogen, County Chair
Multnomah County Commission
Portland City Council
CC: Robert Babcock
Multnomah County idiotic counter productive enforcement practices continue to fail animals and the community
Attached
find examples of the worlds worst enforcement policies practiced daily
by Multnomah county animal control officers whose only tools
(“corrective” actions) are escalating threats, punishment, fines and
extorted consent. It takes no training or education to engage in
threats. Tantrum tickets (next time I’ll get you” a favorite of a number
of officers and the agency as a whole) don’t solve problems, they
create them. Why fund such primitive appalling behavior?
When
you threaten citizens over incidents instead of helping find resources
to solve problems you are a very high cost pointless item in the county
budget. If recidivism occurs it is because you failed
in your “corrective” actions to find a genuine solution. I am going to
post the best “blah, blah I am going to get you next time” tickets every
week. For an explanation of what is wrong with MCAS enforcement along
with “corrective” solutions read the essay posted below.
For today the litany of threats by Officer Cherry (see attachment) is the ticket of the week:
“Any
new dog bite incidents will result in a suspension of ownership
request. Quarantine will be required to take place at the shelter and
Roscoe will be kept at the shelter pending the appeal hearing decision
or a default finding.”
Where
presumably Roscoe will read about the fates of errant dogs while in
solitary confinement “Security” (allowed 15 minute visits and a visit
from the priest). Intelligent communities have dog owner diversion
programs, education and mediation. We are stuck with regressive bullying
and an “unhealthy/untreatable” system that works for no one: man or
dog.
Gail O’Connell-Babcock
Telephone: 503.625.4563
Labels:
Animal cruelty,
animals care,
Corruption,
Legal,
lies,
Shelters
Friday, December 6, 2013
Multnomah County Animal Control Unlawful conduct and civil rights violations
Multnomah County Animal Control
Unlawful conduct and civil rights violations
Recent cases
Lulu: After
asking every responsible county official on July 31 (e-mails below:
Michael Oswald; Jeff Cogen; Kim Peoples) for help and a sensible
solution for Lulu, a beloved pit bull dog belonging to a poor family,
James and Emma Lavine, a family whose problem in these hard economic
times is common; they could not afford a secure enclosure or fence, Lulu
was instead killed. All that was needed was a secure fence or secure
enclosure for which resources were available (Fences for Fido is focused
on helping low income families and I had a secured kennel donation).
On
August 03, at 8:29 AM Lulu was administered 11 ml of FATAL PLUS and
died. Her family believed accurately that they had had several days left
before the end of the appeal time. They had no car and depended upon
others for transportation. I had found a kennel donation for them.
By
law, citizens have 30 days to appeal from the date of service (in this
case the date of service was July 08, 2013; Lulu was killed August 03,
almost a week before the appeal time ran out.) If Multnomah County
citizens are poor, homeless or minorities (in effect powerless). MCAS
with full county commission approval (and vast county indifference)
defies the lawful requirement for appeal dates and takes advantage. They
know citizens struggling to survive cannot afford a legal challenge.
Vulnerable populations are fair game. They take advantage every time
with full immunity.
Lulu
was killed and labeled “unhealthy/untreatable” a designation so
dishonest it can’t even be logically addressed. MCAS with the capacity
to help instead destroyed. That is part of the Multnomah County
Commission’s culture.
Lucent and Loki: Wendy
Young was charged $1000 (July 27 notices of infraction attached) by
Officer Cherry, accompanied by a demand that a kennel be built before
redemption. Wendy Young only recently found a job after a long term
search; she has no car; she is poor and losing her home. One of her
children left the gate open. The charge that led to this ticket was that
the dogs were at large (a recurrence).
She is terrified, and rightly
so, that her husky and malamute will be killed. She cannot afford MCAS
fees for impoundment and penalties. But that is what MCAS does: take
hostages; prey upon fear and poverty. I wrote to the county about the
excessive fees as well. You did nothing.
Multnomah
County government’s lack of morality and neglect of its humanitarian
responsibilities is shocking and violates its claimed mission: defending
the vulnerable. MCAS violates the county’s mission every day when the
subjects are African American; Hispanic; homeless or just poor:
disposable categories. There is a lack of moral core and also caring
boundaries altogether in a county that behaves like a privileged club.
Labels:
Activist,
animal safety,
Civil Rights,
Legal,
Portland,
Shelters
Wednesday, December 4, 2013
Why Does Portland Oregon Bully and Intimidate Minorities and Homeless?
To: Marisa Madrigal, Interim County Chair
Kim Peoples, Department of Community Services
CC: Multnomah County Commission
CC: Portland City Council
CC: Robert Babcock, Attny
I
am not addressing Michael Oswald, Director of MCAS. Mr Oswald
condones officer misconduct towards minority and homeless populations. I
am asking that you intervene in this particular case if it is not too
late and that you strongly and affirmatively address the prejudice
against Hispanics and homeless persons among MCAS officers.
Officer
Cherry's manipulation of minorities and impoverished persons is not
new, nor is it unique. Tantrum tickets are common forms of officer
abuse. It simply has not been corrected.
Case Summary
: On 11.20.13 Animal Control officer BPPST AC010 ( the name of the
officer is a letter " J": no first or last name; a problem Mr. Oswald
knows about but will not correct...most officers are not legibly
identified on Notices of Infraction) gave Onesimo Lopez Garcia three
tickets:
- NOI 89435 for Tiger, his brindle pit bull: Failure to comply Level 4 $500 (excessive fees are commonly used with the homeless and minorities as part of attempted extorted surrender). Excessive fees don't correct they simply terrify.
- NOI 89434 for Tiger , Level 1, $75, further violations will result in ownership suspension
- NOI 89436 for Chata, Level 1, $75 further villations will result in ownership suspension.
Quite
commonly MCAS officers issue disproportionate fines to
frighten vulnerable populations. They offer no help. It is part of
MCAS's culture of prejudice and bullying. Officers without
ethics training or guidance at MCAS have enormous discretion to do as
they please. That is well documented.
As of this
writing, Chata is deceased, shot by a neighbor. Mr Lopez Garcia reports
that the animal control officer; he believes it was Officer
Cherry. reported shooting a dog for killing a cat was perfectly legal.
It is not .
Officer Cherry entered the residence
and took Tiger,the family pit bull and a companion to 7 and 8 year old
children when he was not home. When he arrived home, Tiger had already
been loaded into the truck by Officer Cherry. Officer Cherry took the
family dog from minors without permission and she did so from inside
the family's home without adults present.
Mr.
Lopez Garcia speaks no English. He was crying at the time. He told me
that Officer Cherry clearly dislikes pit bulls ( His dogs are gentle
family companions, members of the family). Officer Cherry accused him
of deception, stating he knew but pretended to lack English fluency.I
have heard the same credible bullying about language
fluency reported before from other citizens. I have witnessed it as
well. Mr Lopez Garcia has no English fluency at all. Having just spent
20 minutes speaking with him in Spanish I can assure you of that.
Officer
Cherry demanded that he sign paperwork. He signed upon her demand but
had no understanding about what he was signing or why. Officer Cherry
took Tiger two days ago and stated that Tiger would be killed
automatically in 6 additional days.
Tiger is not on the December 02, 2013 inventory. Did you kill Tiger?
Obviously there were constructive solutions. MCAS just rejects them over and over again.
How
many reports of MCAS malfeasance and misconduct does it take before
this county commission stops human rights violations and officer
misconduct at this agency?
Mr. Lopez Garcia is
calling the county chair's office for assitance tomorrow. Help him. Do
not send him onto the agency that caused the problem and is the source
of so much citizen misery and wrongdoing ( the agency's not the public).
MCAS management is the problem. Have someone present at the county
commission who can commuinicate with him in his native tongue: Spanish.
Then
do something about the lawlessness at this agency unless you too
believe Hispanics, other minorities ( African Americans are in the same
position) and the homeless are disposable trash, not human beings.
Gail O'Connell-Babcock, PhD
Citizens for Humane Animal Legislation/Watchdog
Sherwood OR 97140
Telephone: 503.625.4563
Tuesday, December 3, 2013
Will Bail Ins Be Next For Depositors Money?
Ellen Brown, founder of WebofDebt.com, thinks so-called 'bail-ins' are coming. Depositors' money will be legally taken. Brown says, "That's the big disaster that's coming.
Probably one of these big derivative banks will go bankrupt . . . the derivative players will get first dibs.
They'll grab all the deposits, and there won't be anything left."
Join Greg Hunter as he goes One-on-One with author and journalist Ellen Brown.
Saturday, November 30, 2013
HSUS’s Ongoing War Against Animal Agriculture Suffers Another Significant Loss:
“Pork, The Other White Meat” Lawsuit
WASHINGTON, D.C., Sept. 26, 2013 – After spending significant amounts of donor dollars, the Humane Society of the United States (HSUS) was dealt a significant loss in U.S. District Court on Wednesday. In what was considered to be a futile legal challenge and a very personal attack on U.S. pork producers, a U.S. district judge Wednesday dismissed a lawsuit filed by HSUS over the National Pork Board’s purchase of the “Pork, The Other White Meat” trademark from the National Pork Producers Council (NPPC).HSUS, which was joined in the suit by a lone Iowa pork producer and the Iowa Citizens for Community Improvement, sued the U.S. Department of Agriculture (USDA) – and Secretary Tom Vilsack – over approval of the trademark purchase and the Pork Board’s annual payments to NPPC. HSUS argued that the sale and payments were unlawful since the Pork Board is prohibited from using checkoff dollars to influence legislation.
The court dismissed the HSUS case, ruling that the plaintiffs lacked standing and that no one had suffered any injury from the Agriculture Secretary’s actions.
NPPC applauded the Secretary’s willingness to defend the case and pork producers across this country. The Secretary’s actions should send a strong signal to HSUS supporters that frivolous lawsuits will not be tolerated and should not be pursued.
“If I were a donor to HSUS, I would be very disturbed that my money was wasted on yet another expensive lawsuit that had nothing to do with improving the welfare of farm animals,” said NPPC President Randy Spronk, a pork producer from Edgerton, Minn.
“This is clearly a vendetta against the U.S. pork industry by the leadership of HSUS, which has made their mission to permanently end animal agriculture very clear. It was frivolous and a waste of the taxpayers’ money and the court’s time. HSUS donors deserve better than that.”
For more information regarding the case of HUMANE SOCIETY OF THE UNITED STATES et al v. VILSACK, click her
Thursday, November 7, 2013
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