ACTION ALERT: Financial Support Urgently Needed
San Francisco Live Animal Market Update
News Advisory from the Law Offices of Miller and Miller
for a summary of the court's decision, to which the this News Advisory refers.)
To United Poultry Concerns:
Enclosed please find for your review and records a copy of
the brief filed by me on April 14, 1999. The Markets will now
file their brief, we will have an opportunity to file a reply to
that, and the case will then be set for hearing on oral argument.
As you will see from a reading of the brief, our position is that
the trial judge made numerous errors which effectively denied us
a fair trial on substantial issues, including:
- The trial judge refused to apply the health laws which
prohibit the keeping of food and animals in the same business
establishment because he kelt the plain meaning of the actual
language of the laws was too restrictive.
- The trial judge decided that if it is not possible to
kill an animal without cruelty, then it is justifiable to kill
the animal with cruelty.
- The trial judge refused to apply the anti-cruelty laws to
non-physical suffering [i.e., psychological suffering and
distress of the birds and other animals as manifested under the
conditions of the markets]. The trial court misrepresented Penal
Code Section 597(b) as effectively exempting the infliction of
unjustifiable and unnecessary non-physical suffering from the
state anti-cruelty statutes.
As you can see, composing the brief [a 42-page document] was
an enormous effort. I was joined in this work by Bryan Kortis, a
member of the New York bar, and Tracey DeMartini, a law student
at the University of Santa Clara. I definitely want to also
acknowledge again the assistance and contributions you and so
many others have made to the legal effort and express my
appreciation for making prosecution of the case possible.
It is with some humility that I must inform you again of the
tremendous time and cost that has and will continue to go into
this case, and ask that you please spread the word that I will
cheerfully accept donations to the cause, in any amount.
Input from others is always welcome, so please feel free to
call me with any questions or comments. Wishing you strength in
continuing all of your important work, I am,
Baron L. Miller
Thank you. United Poultry Concerns. May 14 1999