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From:
"A. Dustin Mets" <[log in to unmask]>
Date:
Fri, 13 Jun 1997 09:45:16 -0400
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When they came for the Irish, I said nothing...
....
 
No one was left to speak up when they came for me.
 
We must speak up now, or our pets will continue to die.
 
I just have some comments on the legal system and how we as ferret owners
should use it rather than be victimized by it.
 
Bob noted:
>That's it in a nutshell folks, there is no justice in Michigan and Kodo is
>a dead ferret because our legal system SUCKS!!!
 
The legal system works great.  Sometimes in our favor, sometimes against.
 
The real problem is when WE get involved with the system, not the system
itself.  Judges follow, interpret and apply law.  Legislatures are where
positive law is created.
 
In jurisdictions where the legislature/public health department has not
created regulations and laws regarding ferret quarantine, I would be willing
to bet that the ferret owner loses in almost every case involving an alleged
ferret nip.  It is unlikely that a judge would put the life of a unknown
animal of questionable heritage in front of the life of a human.  It's a
tough argument to sell.  An even more difficult sell is when an agency or
legislature has spoken against quarantining all unspecified animals
(dogs/cats).  The judge now has law to apply - kill the ferret for testing.
 
This isn't the legal system's fault.  The fault lies with us.  We need to
get ahead of the ball rather than behind it.  There are numerous reasons to
work proactively to change ferret quarantine laws BEFORE a bite/nip/scratch
occurs.
 
#1 - It's so much easier.  I'm not saying its easy, because its not.  Talk
to New Hampshire's crusaders.  It takes along time.
 
#2 - It's not futile.  Once a law is changed, the judges must apply it.
Thus, the ferrets will be quarantined/observed - not killed/tested.  All of
the legal resources will more than likely result in a change in the law.
Legislatures look forward at possible events in the future and make laws to
apply to them.  Judges take laws and apply them to events which have already
happened.  It is a natural consequence that investing the same amount of
time and energy into the legislature will yield a better result.
 
#3 - It saves more than one ferret.  Every ferret from that point forward is
spared.  Not just that one in front of the judge.
 
KODO should not die in vain.  This is a call to arms!!!
 
If we come together and present the information positively and honestly, we
will not be turned away from the legislatures.  There are people and
attorneys out there who have done this before.  We need to network and
exchange battle plans to change the law.  If the officials will not listen
to us, work to vote them out if elected or seek out their elected boss if
the official is appointed.  We have that power.  Rather than blame the
system, we must use the system to achieve our goals.
 
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[Posted in FML issue 1970]

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