WASHINGTON - Today, The Humane Society of the United States filed a lawsuit in federal court in the District of Columbia challenging the United States Postal Service's refusal to implement portions of a new federal law that prohibits the mailing of animal fighting paraphernalia, including trade magazines that advertise fighting animals, knives, and other implements used in illegal dogfights and cockfights.
In May 2007, President Bush signed the federal Animal Fighting Prohibition Enforcement Act, which strengthened the federal law against dogfighting and cockfighting. One provision of the law makes it a felony to send any "commercial speech for purposes of promoting or in any other manner furthering an animal fighting venture" through the mail. The suit alleges that the Postal Service is violating the law by knowingly accepting animal fighting materials for mailing, and by issuing discount, bulk mail permits to two animal fighting trade publications – The Feathered Warrior and The Gamecock, both published in Arkansas.
"The Postal Service should not be in the business of shipping illegal animal fighting paraphernalia around the country, and it certainly shouldn't be giving criminals a discount rate," said Wayne Pacelle, president and CEO of The HSUS. "Congress has spoken, and now it's time for the Postal Service to stop looking the other way when it comes to the cruel and illegal practice of staged animal fighting."
The HSUS alerted Postal Service officials to the new animal fighting law the same day it was enacted, and asked them to halt the mailing of two trade magazines that are essentially mail-order catalogs for illegal cockfighting weapons and fighting birds. Congress was explicit in its intent to halt mailing of these magazines, including by noting in the Congressional Record that the new law "prohibits the websites and the magazines where fighting animals are advertised for sale." Nevertheless, the Postal Service recently issued a terse ruling permitting the continued mailing of these illegal items.
"The new felony animal fighting law was intended to shut down the interstate networks that keep illicit animal fighting alive in this country," stated Rep. Earl Blumenauer (D-Ore.), a lead sponsor of the new law. "The Postal Service should be using every tool at its disposal to protect our communities from the drugs, violence and animal cruelty associated with animal fighting."
The suit is being filed as a companion case to an action The HSUS filed earlier this year against Internet retailer Amazon.com and other parties for shipping the same animal fighting trade publications in violation of the federal animal fighting law.
The HSUS is represented in the case by the Washington, D.C. law firm of Ross, Dixon & Bell, LLP, which is providing pro bono legal services, and lawyers with The HSUS' animal protection litigation section.
Facts:
- A review of 11 issues of The Gamecock and The Feathered Warrior found that more than 90 percent of the magazines' advertisements contain solicitations to commit a crime.
- Dogfighting is illegal in all 50 states. Louisiana recently became the 50th state to pass a statewide ban on cockfighting. The bill awaits the governor's signature.
- The Animal Welfare Act prohibits the use of the U.S. mail to promote animal fighting, and also prohibits the interstate transport or mailing of fighting animals or animal fighting weapons.
Timeline:
- June 27, 2007 – The Louisiana legislature approves H.B. 108, making it the last state to pass a cockfighting ban.
- June 26, 2007 – USPS issues a one page denial of the HSUS' petition.
- June, 2007 – Issues of The Feathered Warrior and The Gamecock that went to press after the new federal felony law went into effect continue to sell illegal fighting animals and weapons.
- May 19, 2007 – Federal and state law enforcement officers arrest 80 people at cockfighting raid in Van Buren, Ark., including a regular advertiser in The Gamecock who was selling illegal cockfighting paraphernalia at a pit-side concessions booth – the same materials he advertises every month in The Gamecock magazine.
- May 3, 2007 – The HSUS files a legal petition with USPS to declare The Gamecock and The Feathered Warrior nonmailable, in light of the new federal animal fighting law enacted that day.
- May 3, 2007 – President Bush signs the Animal Fighting Prohibition Enforcement Act of 2007.
- March 13, 2007 – New Mexico becomes the 49th state to criminalize cockfighting statewide.
- February 3, 2007 – HSUS investigators visit an illegal cockfighting pit in Kentucky and document a massive cockfighting enterprise. The derby drew 400 people and involved as many as 500 fighting birds. A half-million dollar per week illegal gambling enterprise was housed on the site, which was advertised for sale in The Gamecock.
-30-
The Humane Society of the United States is the nation's largest animal protection organization – backed by 10 million Americans, or one of every 30. 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.
