Will your private personal information, address, and photos of your home/kennels on the ASPCA website make you stop breeding dogs?
July 23, 2013
Frank Losey, The Dog’s Attorney
If you are a hobby or show breeder and you feel violated by this threat, you need to act now to protect your legal rights and your future as a hobbyist or business enterprise. Steps 1, 2, and 3 below take 3 minutes.
Are you a handler? A dog show judge? Show superintendent, ribbon maker, catalog printer, photographer, dog show concession? If so, you must protect your consumer market from what could become total collapse. This new ASPCA animal rights offensive against show breeders threatens the entire future of the sport.
I’ll explain what ASPCA is doing and ask the legal question: Is the ASPCA violating the Animal Enterprise Terrorism act? Will the Justice Department and the FBI be able to ignore its actions? The answer is, not if your voices speak louder than the ASPCA lobbyists!
With unbridled arrogance, the ASPCA has undertaken a course of action that goes beyond the bounds of "Freedom of Speech." In so doing, I believe the ASPCA is violating the Animal Enterprise Terrorism Act {1} in such a blatant fashion that the Justice Department and the FBI will not be able to ignore it.
June 2013, ASPCA launched a “consumer tool” on its website (No Pet Store Puppies) that allows pet seekers to view photos of USDA breeders, their names, addresses, homes and kennels! The ASPCA website already offers 10,000 photos of kennels. Those numbers will increase when APHIS publishes its “final regulation” that will bring hobby breeders who sell over the Internet under the Animal Welfare Act (AWA) {2} and therefore subject to inspections and enforcement.
It is imperative that every USDA Licensed Breeder; every Hobby Breeder; every Internet Seller of Puppies; every pet store that sells puppies; every pig or chicken, or egg or cattle "farmer;" every owner or trainer of horses; every hunter; and every other person who is being attacked by either the ASPCA or the HSUS respond to this Call to Action. If thousands of concerned citizens contact the Justice Department by E-Mail, Letter or by Phone, it sets the stage for Members of Congress to intervene if the Attorney General, who is coming under increasing attacks by Members of Congress, fails to enforce a Federal Domestic Terrorism Statute! {3}
When the HSUS stated that the AKC is "joined at the hip" with the "Puppy Mills," can there be any doubt that the hobby breeders and their homes will be the next group to come under attack by the HSUS?!? This will occur even if the PUPS Bill {4} is not enacted. That is why it is imperative that every Hobby Breeder respond to Step 1 in this Call to Action. If the Justice Department is flooded with thousands of E-Mails and Phone Calls, more and more Members of Congress will be pressing the Attorney General to Act on the Complaints that the ASPCA is violating the Animal Enterprise Terrorism Act (AETA).
The other good news: if the ASPCA becomes caught up in the "net" of a Nationwide Justice Department Investigation, the HSUS will be sucked into the Investigation because of its "conspiratorial" "Puppy Friendly Pet Store Pledge" Campaign.
Click here to print or copy the information below.
STEP 1
Call the office of the attorney general public comment line (202-353-1555), and leave the following voice mail message:
I AM CALLING TO ASK THAT YOU SUPPORT THE REQUESTS OF THE THOUSANDS OF CITIZENS WHO HAVE ASKED THAT THE JUSTICE DEPARTMENT ENFORCE THE ANIMAL ENTERPRISE TERRORISM ACT AGAINST THE AMERICAN SOCIETY FOR THE PREVENTION OF CRUELTY TO ANIMALS, WHICH HAS LAUNCHED A NATIONWIDE CAMPAIGN THAT UNLAWFULLY, AND WITH PREMEDITATION, INTERFERES WITH THE OPERATION OF AN “ANIMAL ENTERPRISE.” SUCH ENFORCEMENT ACTION WILL BE CONSISTENT WITH THE CONGRESSIONAL TESTIMONY ON MAY 18, 2004 BY MR. JOHN LEWIS, DEPUTY ASSISTANT DIRECTOR, COUNTERTERRORISM DIVISION, FBI, WHO URGED CONGRESS TO EXPAND THE COVERAGE OF THE AETA, WHICH CONGRESS DID, AND THE PRESIDENT SIGNED THE AMENDED AETA ON NOVEMBER 26, 2006.
STEP 2
If you are a USDA licensed breeder, a hobby breeder or you sell over the internet, use the text set out below for an e-mail that is addressed to:
AskDOJ@usdoj.gov (Add as a BCC my E-Mail so that I may have a Running Count:
franklosey@twc.com)
Dear Attorney General Eric Holder:
I respectfully request that the Justice Department carry out the Will of Congress that amended the
Animal Enterprise Terrorism Act (AETA). The Amended AETA was signed into Law by the President of the U.S. on November 27, 2006. Most significantly, the Preamble of the Act reads as follows: “An Act to provide the Department of Justice the necessary authority to apprehend, prosecute, and convict individuals committing animal enterprise terrorism.” This wording was based upon the testimony of Mr. John Lewis, Deputy Assistant Director, Counterterrorism Division, FBI, who testified in support of amending the AETA during a Congressional Hearing that was chaired by Senator Orrin Hatch on May 18, 2004.
My request is based upon the fact that the
American Society for the Prevention of Cruelty to Animals (ASPCA) has launched a Nationwide Campaign that is intended to interfere with the operation of every breeder who is currently, or who may be required to become a USDA Federally Licensed Breeder, as well as every pet store in the U.S. that sells puppies bred by USDA Licensed and Inspected Breeders. The ASPCA Campaign, and its actions in support of its Campaign are violating the
Animal Enterprise Terrorism Act (AETA). Accordingly, I respectfully request that the Federal Bureau of Investigations (FBI) open a Criminal Investigation that will ultimately seek criminal prosecutions of not only the ASPCA, but all who are aiding, abetting and conspiring in the effort to harass and interfere with an "animal enterprise," as defined by the
AETA. As set out in Subsection (d) of 18 U.S.C. 43, includes "breeder" and "pet store" in the definition of an "Animal Enterprise."
As part of the Unlawful Campaign of the
ASPCA, it posted on its Website on June 12, 2013 an Article entitled: "ASPCA Launches Consumer Tool Linking Puppies Sold in Pet Stores with Licensed Inhumane Breeders" that allows consumers to link pet stores that sell puppies with U.S. Department of Agriculture (USDA) licensed commercial dog breeders that supply puppies to pet stores around the country."
(See
http://www.aspca.org/Pressroom/press-releases/061213)
The posting further states that: "The database contains more than
ten thousand photos of commercial dog breeding facilities and links some of them to specific pet stores throughout the country that have sold puppies from them within the last year. Consumers are able to search the database by pet store name, USDA license number, or name of the breeding facility, or by zip code and specific breeds. The photos were taken by USDA inspectors during routine inspections of the facilities." In this regard, USDA routinely takes photos of all USDA Licensed Kennels that it inspects, even if no violations are found during the inspections. Consequently, a photo of every USDA Licensed Breeder eventually will be able to be accessed on the ASPCA Tool Website. The ASPCA has distorted the truth in its message to the general public by stating that the "photos show . . . conditions that are legal, but that the ASPCA . . . consider inhumane."
Thus, if a kennel photo is listed on its Website Tool, the USDA Licensed Breeder is "Bad," and no puppy should be bought that comes from that Kennel. Compounding this criminal misuse of USDA photos is the fact that the
ASPCA "No Puppy Store Puppies" Campaign is designed not only to interfere with the activities of Pet Stores, but also all USDA Licensed Breeders. In short,
ALL BREEDERS and pet stores - - animal enterprises - - are being indiscriminately targeted by the ASPCA for its stated purpose of stopping all sales of puppies, which purpose is an expressly prohibited "attempt" to interfere with the operation of my “animal enterprise.”
Since the ASPCA is using the Internet as part of it "No Pet Store Puppies" Campaign, the interstate element of the AETA is met. And since this Campaign is designed for the purpose of "interfering with the operations of an animal enterprise," or "attempting to do so," that criminal element of the AETA is also met.
Consequently, I am faced with the threat of having my private and personal information being misused by the ASPCA and all others who "conspire" to assist the ASPCA in its unlawful Campaign to interfere with the animal enterprise of breeding puppies. And since I am a Breeder whose kennel or home could be shown on the 10,000 photos that are already on the ASPCA Tool, or may soon be, I am faced with the real, existing or potential “THREAT”
of becoming a victim of the Criminal Actions of the ASPCA that are in direct violation of the AETA.
Compounding the pre-meditated, intrusive and disruptive interference with my lawful enterprise is the fact that the ASPCA gained access to the USDA photos and information on the USDA Networking System by agreeing, in accordance with the
Freedom of Information Act (FOIA), not to use the information for “improper use” - -
Violating the AETA is an “improper use!” And the "improper use" is further compounded by the ASPCA which is divulging private, personal information that should have been excluded from release under the FOIA. Such release constitutes a
Civil Rights Violation as well!
Unfortunately, breeders like me do not have “deep pockets” to sue the
ASPCA, as did the Feld Corporation. That is why I am asking that you act on behalf of the thousands of breeders and pet stores that are targeted “victims” of the ASPCA.
The Mission Statement of the Department of Justice reads as follows: “To promote and establish justice and the appearance of justice by vigorously and fairly representing the United States and its citizens in all matters, civil or criminal, within our jurisdiction.” I trust that you will ensure that the illegal activities of the ASPCA are stopped and that appropriate actions are initiated against ASPCA for its criminal violations of the AETA. I look forward to your timely response to my request.
STEP 3
Copy and paste the above text of your e-mail to Attorney General Holder under the following text in e-mails that you send to your two U.S. Senators and your U.S. Representative.
TEXT FOR E-MAILS TO YOUR MEMBERS OF CONGRESS
Subject: Violation of the Animal Enterprise Terrorism Act
Dear Senator/ Representative
I am a Breeder whose Statutory Rights are being violated, or potentially will be violated, by the American Society for the Prevention of Cruelty to Animals (ASPCA), which is ignoring the statutory prohibitions as set out in the Animal Enterprise Terrorism Act. (18 U.S. C. 43).
I have sent an E-Mail to Attorney General Eric Holder which asked that the Justice Department investigate the illegal activities of the ASPCA which is violating the Animal Enterprise Terrorism Act. I understand that thousands of other concerned citizens are doing the same.
The text of my E-Mail is set out below:
(COPY AND PASTE THE TEXT OF YOUR E-MAIL TO ATTORNEY GENERAL HOLDER)
As a law abiding constituent, I ask that you follow up with Attorney General Holder, and request, on my behalf, that he ensure that the ASPCA is appropriately investigated for its alleged violations of the Animal Enterprise Terrorism Act - - a Federal Domestic Terrorism Act that was enacted by Congress.
Please advise me of his response.
Respectfully, Your signature
Reference
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