The HSUS Files Suit against Amazon.com and Others for Sale of Illegal Dog Fighting and Cockfighting Paraphernalia

February 8, 2007

SEATTLE – Today, The Humane Society of the United States filed suit in the District of Columbia against online retailer Amazon.com Inc., and four of its business associates (The Underground Pitbull Breeders Association, StreetHeatDVD.com, The Gamecock, and The Feathered Warrior) based on their sale and distribution of two dog fighting DVDs -- Unleashed: The Realest Pitbull Action Caught on Tape and Hood Fights Vol. 2, The Art of the Pit – and two cockfighting magazines -- The Gamecock and The Feathered Warrior.  The HSUS has been requesting for more than a year and a half that Amazon.com stop selling illegal animal fighting materials.

At a press conference today in Seattle, The HSUS announced the filing of the civil suit under the District of Columbia Consumer Protection Act, which alleges that the animal-fighting paraphernalia sale and distribution scheme operated by Amazon and the other defendants violates the Animal Welfare Act and the Federal Depiction of Animal Cruelty Act.  The HSUS also filed a legal petition today in Seattle, asking the King County District Attorney to initiate quo warranto proceedings to stop Amazon from engaging in illegal business practices in Washington state.

"Amazon's business dealings with The Feathered Warrior, the Underground Pit Breeders Association and other peddlers of animal-fighting paraphernalia are as sickening as they are unlawful," stated Jonathan R. Lovvorn, vice president of Animal Protection Litigation for The HSUS.  "There is no First Amendment protection for those that profit from the sale of animal cruelty videos, nor does free speech include the right to sell publications that are nothing more than a collection of criminal solicitations."

The lawsuit is based on reams of evidence collected by HSUS investigators, including the HSUS' recent discovery that the online retailer is selling the dog fighting DVD, Unleashed, in which approximately 20 dogs are wounded, tortured or killed solely for the purpose of making the movie. The suit alleges that Amazon's sale of the DVD violates the District of Columbia Consumer Protection Act because the material violates a federal law that makes it a crime to create, possess or sell a depiction of animal cruelty for financial gain. In fact, a federal court sentenced a Virginia man to three years in prison for selling dog fighting videos in violation of the federal law.

HSUS investigators have also uncovered evidence showing that The Gamecock and The Feathered Warrior are published for the express purpose of promoting unlawful animal-fighting.  This week, HSUS investigators visited an illegal cockfighting pit in Kentucky brazenly advertised for sale in the current edition of The Gamecock, and documented a massive illegal cockfighting enterprise, including as many as 500 fighting birds from multiple states. To see video of the pit click go to http://multimedia.hsus.org/specials/hsus-324.html

"Dog fighting and cockfighting are organized criminal operations that foster animal abuse, narcotics traffic, public corruption, illegal gambling, and even violence toward people," stated HSUS President and CEO Wayne Pacelle. "Amazon and other corporations should not allow themselves to promote and prop up this rampant lawlessness."

The HSUS first notified Amazon that its activities violate federal animal fighting laws in 2005.  However, Amazon has repeatedly defended the sale of illegal animal fighting paraphernalia on its website, even though it has removed other materials that do not violate federal law, including Nazi propaganda, religious books, and even a Star Wars book cover.

Interstate animal fighting activities already violate federal law, but Congress is working to make the penalties even stronger.  The Animal Fighting Prohibition Enforcement Act—S. 261 by Sen. Maria Cantwell (D-WA) and Sen. John Ensign (R-NV), and H.R. 137 by Rep. Elton Gallegly (R-CA), Rep. Earl Blumenauer (D-OR), and Rep. Roscoe Bartlett (R-MD)—would establish felony-level penalties for interstate dog fighting and cockfighting activities.  The House bill already has a remarkable 300 co-sponsors and passed the House Judiciary Committee this week. Similar legislation passed the Senate unanimously in 2005 but House Republican leaders stalled its progress and Congress adjourned before the House could vote on the bill.

Dog fighting is illegal in all 50 states. Cockfighting is illegal in 48 states, and a bill in New Mexico to make that state the 49th to outlaw cockfighting is advancing in the current legislative session. Lawmakers in Kansas, Virginia, West Virginia and Wyoming are also considering bills to strengthen anti-cockfighting laws.

The lawsuit is being filed by the Animal Protection Litigation section of The HSUS, with the pro bono assistance of the Washington, D.C. lawfirm of Ross, Dixon & Bell, LLP.

To read the HSUS web story on this issue and for more information on animal fighting legislation, go to www.hsus.org .

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The Humane Society of the United States is the nation's largest animal protection organization with nearly 10 million members and constituents. The HSUS is a mainstream voice for animals, with active programs in companion animals, disaster preparedness and response, wildlife and habitat protection, marine mammals, animals in research, equine protection and farm animal welfare. The HSUS protects all animals through education, investigation, litigation, legislation, advocacy and field work. The nonprofit organization is based in Washington and has field representatives and offices across the country.