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Subject:
From:
Lee McKee <[log in to unmask]>
Date:
Thu, 12 Jun 1997 17:11:31 +0400
Content-Type:
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This statement is made on behalf of Bob Jacobs, Kodo's owner.
 
Kodo, the Michigan ferret, was euthanized today (6/12/97) under court order
in order to test him for rabies.  This action came at a time and place
undisclosed to Bob Jacobs.  He was not allowed to see his pet before the
order was carried out.
 
This morning, the Michigan Supreme issued its ruling, a refusal to hear the
appeal of the case.  Two judges of the seven dissented, finding that the
trial judge committed error in his ruling.  The judiciary has ruled on basis
of the law in Michigan, and the law is that ferrets must be killed and
tested for rabies if an exposure is suspected.
 
Bob Jacobs is filing a civil suit to recover damages.  While this will not
bring Kodo back, it will help in some measure to ensure that no more ferrets
meet Kodo's fate.
 
What this case has shown is that, in Michigan at least, your ferret it not
safe until you have a law or policy that explicitly states that ferrets are
covered by quarantine in accordance with the current CDC Rabies Compendium.
The current Michigan law does make reference to the "current" Compendium,
with its 6-point risk assessment.
 
However, the trial judge in this case still interpreted the law and the
scientific basis on which the Compendium is based to formulate a ruling
which raises the bar much higher for ferrets than for any other domestic
animal, and which is clearly biased to protect the actions of the animal
control officer and the county prosecutor.
 
Kodo is dead because Michigan does not have a quarantine policy for ferrets.
Ferrets just like Kodo, and just like your pet, are dead and are dying every
day because their states do not have a quarantine policy.
 
Kodo remained alive because of your calls and faxes to the government and to
the media.  He stayed alive because of your generous donations for his legal
and media expenses.  This became a national (and international) case because
of your help, and in so doing, brought light upon the shameful policies in
many states.  Because of you, many ferrets will be safer.
 
This case does not end with Kodo.  If you turn your energies from fighting
for this one ferret to fighting for all of them, then Kodo's death will not
have been in vain.
 
Do not lose the momentum.  Continue to fight for legalization in California
and the other places where ferrets are outlawed and killed just because they
exist.  Continue to fight for a quarantine law in your state.  Kodo would
have wanted you to keep going, so that other ferrets would not die as he
did.
 
And Bob Jacobs does not want you to give up.  Kodo lives still in his heart,
in his children's hearts, and in all of our hearts.
 
Don't agonize. Organize.
 
___________________________________________
 
A special plea:
 
Bob Jacobs still faces legal and media bills from this effort.  His lawyer
put much time and effort into this case, and distributing this story to the
press cost a lot of money.  The Great Lakes Ferret Association drained its
treasury, seriously compromising its efforts to care for ferrets in
Michigan.  Some individuals loaned money to the media and legal funds on the
basis of pledges, some of which to date have not arrived.
 
Please continue to contribute what you can to the media and legal funds.
The need is still desperate.  If you have pledged money to this cause,
please honor your pledge.
 
To contribute to the MEDIA campaign, please contact Ronnie DiComo at
<[log in to unmask]>
 
To send checks for the LEGAL fund:
Gloria Davis, Treasurer
GLFA/LAF
27654 Southpointe
Grosse Ile MI 48138
(Make out checks to GLFA/LAF)
 
Credit card donations: call Bob Jacobs at (517) 777-4807
 
____________________________________________________
 
Clippings, tapes, and transcripts of news coverage of Kodo's case are
still needed. They will be used to help with future legalization and
quarantine efforts. Please send them to:
 
   MaFF  ATTN: BUD JACKSON
   P. O. BOX 3123
   WAKEFIELD,  MA  01880
 
___________________________________________
 
 
Finding of the Michigan Supreme Court in Lansing MI:
 
On order of the court, we VACATE our order granting a stay dated June 10,
1997.  The application for leave to appeal is considered, and it is DENIED,
because we are not persuaded that the questions presented should be reviewed
by this Court.
 
Weaver and Kelly, JJ., would find that the trial court committed clear error
and would peremptorily reverse.
[Posted in FML issue 1967]

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