Almost a year and a half after
NAIA Trust and two of its members sued Volusia County Florida over its new animal control ordinance, a federal judge has issued a key ruling permitting the case to go forward to trial.
The plaintiffs object to the licensing requirements of the county and assert that their rights to equal protection, due process and freedom from unreasonable searches are violated by the licensing requirements.
Plaintiffs have not made formal complete application for "hobby breeder" licenses because they allege they would be required to waive some of their federal and state constitutional rights in order to obtain such licenses, and they are not willing to do so.
The court found that, contrary to the county's arguments, because of the nature of the claims asserted by plaintiffs, plaintiffs have standing to pursue this case at this time. "... [A] denial of equal treatment is an actual injury even when the complainant is able to overcome the challenged barrier." Plaintiffs allege that they are being subjected to unequal treatment and that the county may not force them to waive their 4th Amendment rights as a condition of licensure. "...[T]he court finds that plaintiffs may pursue their claims even without having made a formal license application."
Patti Strand, National Director of NAIA Trust, said "This is what we've been waiting for and we feel very optimistic. Finally we can take the search and seizure issue, the mandatory spay/neuter issue, and all of our other concerns to trial.
Now the real fight begins. The goal is to stop the march of unconstitutional animal laws that empower the government and private groups to take our animals and sell them at a profit without just cause, or force us to perform life altering surgeries on our pets without due process. This is a battle that must be fought. The alternative is to allow our powerful opponents to prevail by outspending us and bleeding our resources while they usurp our constitutional rights.
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donate today. We can not do it without your support.
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