Ferrets Anonymous Dilemma :
Status of our Ferrets Key Issue In Legal Dispute
 
The class action lawsuit filed by Ferrets Anonymous against the California
Dept. of Fish and Game and the San Diego Dept.  of Animal Control seems to
come done to one issue: are our ferrets domesticated animals.
 
The County of San Diego in an official interrogatory has demanded that Pat
Wright admit that Fish and Game code section 2118 was in full effect on the
date that Rocky was euthanized.  That code prohibits "any wild animal of
the following species:" and lists some where in all those pages Family
Mustelidae - all species except (no mention of mustela putorius furo).
It is quite easy to state that I don't have any wild animals in his
possession.
 
They also have demanded that we admit that Health and Safety code 671,
which states The (Fish and Game) Commission has determined the below listed
animals are not normally domesticated in this state, and again lists Family
Mustelidae as prohibited.
 
Our attorney, George Weingarten has gathered the information and has
entered a "Denied", to their claim of DFG code 2118 being in effect.  He
sites Marshall Farms, Inc.  V California State Fish and Game Commission,
and that out of this "came to the indisputable conclusion that the original
sections passed in 1933 would change to recognize domestic ferrets (as
Domestic)." He continues "Clearly, all the ferrets in the state of
California are members of a different species and are domesticated - they
present no danger to the health and welfare of the citizens of the State of
California."
 
As for admitting that Health and Safety code 671 was in effect, Mr.
Weingarten states "we are unable to admit or deny this request" and
basically - see above.
 
The county also wanted Pat Wright to admit to being in possession of a
ferret without a permit.  Mr. Weingarten states " we are unable to admit
or deny" without a better understanding of their meaning.  Rocky was a
domestic ferret, governed by the above - mentioned codes.
 
This lawsuit hasn't been cheap.  Despite what the opposition claims about
California's ferret legalization effort being funded by East Coast ferret
interests (is there such a thing ?) FA has a relatively small bud get.  Up
until now, donations have been coming in, but the last fund raising effort
has been disappointing.  There will be other fund raisers.  Sometimes it
feels like all we do is ask for money, but this lawsuit is very important
and every Californian will benefit from this lawsuit, if they do not want
to be outlaws forever.
 
We have also learned that Deputy Attorney General Random Christianson has
filed several extensions in the Fish and Game's appeal of their court loss
to Marshall Farms.  Last January the court ordered the Fish and Game
Commission to make the determination as to whether our ferrets are domestic
or wild.  Previous to that, they claimed they did not have the authority.
Aren't there more serious issues that deserve so much of their time and
our money ?
 
If their are East Coasts interests out there, would you care to send
donations to the Legal Fund, Angel Fund or Subscribe to the Ferrets
Anonymous newsletter.  It's only $12 a year and it is printed out monthly.
(the Angel Fund is set up for our members in a crisis for a vet.  We match
funds with members - 50/50)
 
Send to: Legal Fund or Angel Fund or Subscription
         P.O. Box 3395
         San Diego, Ca. 92163
Phone/Fax (619)584-8427
 
Ferrets Anonymous thanks everyone who has helped us and for those who may.
 
Have a Merry Christmas and a Very Happy New Year !!!
[Posted in FML issue 2524]