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December 6, 2010

Federal Judge Dismisses Lawsuit Challenging Dog Breeding Regulations as Unconstitutional

HSUS hails important ruling for dogs

The Humane Society of the United States applauds a decision by the Federal District Court in Florida upholding Volusia County’s animal care ordinance, and rejecting the plaintiff’s claim that dog breeders have a constitutional right to operate free from humane regulations.

“We commend the Court for rejecting this misguided effort to dismantle the County’s dog breeding laws, and to block further legislative reforms,” said Jonathan Lovvorn, vice president and chief counsel for Animal Protection Litigation & Research for The HSUS. “The public is no longer going to tolerate animal abuse in the dog breeding industry, and no amount of legal wrangling by disgruntled industry groups like the National Animal Interest Alliance is going to change that.”

The NAIA, which is a front group for numerous animal abusing industries, filed the case earlier this year, claiming that the county’s animal ordinance causes their members “the loss of their constitutional rights, loss of their property rights” and is a “violation of Plaintiffs’ right to equal protection . . . and due process.”

The HSUS filed an amicus brief in the case supporting Volusia County’s position that the ordinance was a lawful exercise of its authority to promote the humane treatment of animals.  Judge Karla R. Spaulding of the U.S. District Court for the Middle District of Florida agreed, and dismissed NAIA’s challenge on all grounds.

The HSUS was represented in the matter by the law firm of Holland & Knight, along with lawyers in HSUS’ Animal Protection Litigation section.  A copy of the ruling is available upon request.

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The Humane Society of the United States is the nation's largest animal protection organization — backed by 11 million Americans, or one of every 28. For more than a half-century, The HSUS has been fighting for the protection of all animals through advocacy, education and hands-on programs. Celebrating animals and confronting cruelty — On the Web at humanesociety.org.

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