Request for support

[purplepig]

Got this today:



We have the place, we have the date, and we have the experts to make our stand against the breed ban Aurora passed on American Pit Bull Terriers, Staffordshire Terriers, Staffordshire Bull Terriers, Presas, American Bull Dogs, Dogo Argentinos, Tosas, Canary Dogs, Fila Brasileiros, Cane Corsos and the Presa Mallorquin. All that is needed is funding for this fight! Monday, August 25, 2008, at 9:00 a.m.

We’re not there yet! These dogs need our help now! (http://www.adbadog.com/p_prodDetails.asp?pID=169&category=0&subcategory=0&size=0&search=&page=)
See who’s donated (http://www.adbadog.com/p_prodDetails.asp?pID=169&category=0&subcategory=0&size=0&search=&page=)
<img border="0" height="320" width="400"> (http://www.adbadog.com/p_prodDetails.asp?pID=169&category=0&subcategory=0&size=0&search=&page=)

AURORA BSL LAWSUIT COURT DATE


IN THE UNITED STATES DISTRICT COURT FOR THE DISTRICT OF COLORADO
Civil Action No. 06-cv-01510-WYD-BNB
AMERICAN CANINE FOUNDATION; and FLORENCE VIANZON,
Plaintiffs,
v.
CITY OF AURORA, COLORADO,
Defendant.
MINUTE ORDER
ORDER ENTERED BY JUDGE WILEY Y. DANIEL
In light of the filing of the Amended Pretrial Order, this case is now at issue and
ready to be set for trial. A three (3) day trial to the Court is set to commence on
Monday, August 25, 2008, at 9:00 a.m.
__________________________________________________ _______________

In Colorado we are now in front of a federal judge who ignored the Tellings Ohio Supreme Court decision and ignored the federal case in California which has no published opinion, even though Aurora tried to cite it in early briefs they filed.
The American Dog Breeders Association is asking for your support! The estimated amount to take this trial to it’s conclusion in Federal court is estimated to be $15000.00 dollars.
The American Dog Breeders Association has pledged to match the first $5000.00 donated, dollar for dollar.

All donators will be listed on our website unless otherwise requested; however their donation will still be matched, if it is among the first five thousand dollars donated.

This is not the one to “sit out” as this is the first and maybe the only time where the city being sued failed to provide experts and evidence on their behalf. There has never been a constitutional challenge filed over breed specific legislation where the other side has no experts, no exhibits and failed to disclose rebuttal experts. Given the data bases and experts the American Canine Foundation named during discovery, Aurora stands no chance.
It is a once in a lifetime chance to get a federal ruling in our favor.
___________________

[purplepig]

__________________________________________________ ___________ Please send your donations funds to:
American Dog Breeders Association
Aurora Colorado BSL Lawsuit Fund
P.O. Box 1771
Salt Lake City, Utah 84110
Or
Click here to donate now! (http://www.adbadog.com/p_prodDetails.asp?pID=169&category=0&subcategory=0&size=0&search=&page=)
_______________________________________________

Here is more information from the ACF attorney:

http://www.thedenverchannel.com/news/16440132/detail.html?rss=den&psp=news

In late 2006, the American Canine Foundation and Plaintiff Florence Vianzon brought a civil constitutional challenge against Aurora Colorado to challenge the breed ban Aurora passed on American Pit Bull Terriers, Staffordshire Terriers, Staffordshire Bull Terriers, Presas, American Bull Dogs, Dogo Argentinos, Tosas, Canary Dogs, Fila Brasileiros, Cane Corsos and the Presa Mallorquin. The Aurora city council appeared to be getting information from Denver re the ban.

The case made its way through Colorado Federal Court during 2007 and in the 'discovery' phase of the case, Aurora declined to disclose expert witnesses or exhibits, as apparently Aurora believed the case would not get to trial.

They likely assumed the case would be dismissed on the 'summary judgment' they filed asking the court to dismiss the lawsuit based on previous case law, involving constitutional challenges, such as the Colorado Dog Fanciers case (from 1989) and more recently, the politically influenced Tellings decision from the Ohio Supreme Court, which did no justice at all to dog owners.

The Colorado Federal Court Judge refused to accept such previous constitutional challenges standing alone, with no other required specific evidence, and found

" Unlike the above referenced cases, no evidence or facts have been presented
as to why the Aurora City council believed that the ordinance was necessary
to protect the safety of its residents."


" (The) defendant Aurora presented no evidence to support its argument
that the ordinance was rationally related to a legitimate governmental purpose."

(Emphasis added)

To the best of our knowledge, there has never been a constitutional challenge filed over breed specific legislation where the opposing governmental side did not disclose experts, did not disclose any exhibits and also did not disclose rebuttal experts. Given the data, other information, and experts that Plaintiff American Canine Foundation disclosed for the Plaintiff's case, Aurora will ostensibly be at a disadvantage since they purposely did not try and offer any evidence on their own behalf.

ACF was successful in Ohio in the Tellings case when the Sixth District Court of Appeals ruled that breed specific legislation violates equal protection, substantive due process, and procedural due process, however because of political corruption from animal rights type organizations, the Ohio Supreme Court failed to rule on the evidence in the case, ignored documented evidence tampering and, except for one justice the court, supported breed specific legislation on the ground that certain breeds present a danger in urban areas?

The Federal Court in the current case re the Aurora, CO breed ban---gives us dog owners the best chance of prevailing over BSL in 20 years, because

(a) Laws are passed without a valid rational basis

(b) Cases from 20 years ago were not challenged sufficiently to overcome the standard of law required in a health and safety legal challenge

(c) Government/the public prefer to penalize innocent dog owners and innocent dogs by saying that the safety of the public is "protected" so they can seize innocent dogs, fine owners, and still ignore the actual dangerous dogs--which could be ANY breed of dog- AND---by not enforcing their own dog-related laws (such as leash laws.)

This is easily proven by watching countless SMALL dogs OFF LEASH everywhere, and by Animal control doing little or nothing about dogs that actually bite people. Coupled with the sensationalism of the media, even if there were only 5 dogs of any banned breed living in a city, those 5 dogs supposedly cause more danger than ALL the other dogs in the city combined. That is NOT a rational basis for anything, much less a purported law claiming "safety."

Carolyn Chan, Esq.
for American Canine Foundation
__________________________________________________ ___________________________
If you choose to remain uninvolved, do not be amazed when you no longer have any property rights! Your rights, taken away while you are peacefully staying out of the "fray". If they can do this to your dog, is anything you have out of their reach? Check history, it is full of ntions/empires that disappeared when its citizens no longer held their core beliefs and values.
One person CAN make a difference. One plus one plus one plus one plus one plus one.........
__________________________________________________ ___________________________
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This email was sent by:

American Dog Breeders Association Inc.
P.O. Box 1771
Salt Lake City, Ut. 84110
(801)-936-7513
www.adba.cc (http://www.adba.cc/)

[NavasInc]

I did too Im sending in a money order. i aint rich but at least ima throw something down. :cool:

[screamin'eagle]

I truly believe that if a change starts to occur in the areas of Denver and Miami Dade (both of which have had unsuccessful breed bans that were heavily enforced on responsible owners since the late 1980's) that the tide would change nationwide. Aurora, a suburb of Denver, is one place that would be a strategic foothold in my opinion...

[purplepig]

Those who dont help, quit whinning.

[vader's mom]

Payday is tommorrow and I will definitley be giving my support! My brother is moving down there and I'm going to equip my 1 year old niece with some bully love outfits!:)