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![handle is hein.animal/aldfup0011 and id is 1 raw text is: THM AHRMAIL nAW ILDIMAK ANIMAL LEGAL DEFENSE FUND
-- \
~_N _THIS ISSUE __ M DEVEILOPMENTS AN A MAL CASE LAW
DEVELOPMENTS1
-LATEST UPDATES Suit Against Georgia County Brings Many Charges
Challenged county kennel license requirement has not been enforced
ii AROUND THE WORLD 6 -
I Elbert County, GA - Northeast Georgia other rescue groups or humane societies in
I SPet Rescue, Inc., and Donald Gilbert Elbert County. The stay of enforcement was
N recently filed suit against Elbert County in issued by the county attorney, Bill Daughtry.
INT-E NEWS the Superior Court of Ebert County, Georgia, During this time Daughtry has also redrafted
DENOTES ALDF SUPPORTED PROJECTS to challenge an ordinance that requires the ordinance to include some of the changes
individuals with 16 + dogs to obtain a requested by plaintiffs. Also since the filing,
county kennel license, the requirements for the Animal Control Director and the County
which will prohibit numerous rescue groups, Manager have been fired, and a code
independent humane societies, and animal compliance officer is now acting director. He
.,;,' ,- sanctuaries from operating in the county. has agreed with another Elbert County rescue
: .;-,>' :,. ....,.]' ' ':-' : Plaintiffs seek declaratory and injunctive group to hold off on enforcement of the
S' - ' .... .relief in their suit. In the meantime, Gilbert ordinance for another 6 months. (N.E. Ga. Pet
has been allowed to keep his dogs and his Rescue, Inc., a domestic nonprofit corporation,
...-..- rescue group, and even though a stay was only and Donald L. Gilbert v. Elbert County, Super.
requested on Gilbert's behalf, the county has Ct., Ga., Elbert Couny, Docket # 05EV681J.).
, . . . not enforced the ordinance against any of the Attorney Allison Brooksher. PF 240.40
Federal Law Preempts State Law in Kangaroo Leather Case, CA Appeal Court Finds
S,, Adidas may continue to sell products made from kangaroo leather
i ] Court of Appeal of the State of California, agreed and granted the motion. On November
.First Appellate District, Division One 21, 2005, the Court of Appeal also concluded
California Penal Code § 653o bans the that § 653o was preempted when applied to
importation of products made from certain the facts of the case. The court ruled that the
animals, including kangaroos, into California. statute as applied to defendants conflicted
Defendants, Adidas Corporation and others, with federal law and with substantial federal
import and sell in California markets athletic objectives of persuading Australian federal
shoes made from kangaroo leather. Plaintiffs, and state governments to impose kangaroo
Viva! International Voice for Animals and population management programs, in
others, sued defendants for injunctive and exchange for allowing the importation of
declaratory relief, claiming that defendants kangaroo products. Accordingly, the court
import the kangaroo leather in violation of § affirmed the lower court decision. (Viva!
653o--and thus are committing an unlawful International Voice for Animals et al., v.
business practice under Cal. Bus. & Prof. Adidas Promotional Retail Operations, Inc.,
Code § 17200 et seq. Defendants moved for et al., 134 Cal. App. 4th 133; 36 Cal. Rptr.
VOLUME X1 summary judgment, arguing that§ 653o was 3d 19; 2005 Cal. App. LEXIS 1811.) A
preempted by federal law under the doctrine petition for review has been granted by the
of conflict preemption. The San Francisco Supreme Court of California, March 1, 2006,
1 0 County Superior Court (Docket # 420214) 2006 Cal. LEXIS 2876. PF 720.70
U M](ViewImageLocal?handle=hein.animal/aldfup0011&div=1&collection=&method=preview&ext=.png&size=3)