United Poultry Concerns
14 May 1999
ACTION ALERT: Financial Support Urgently Needed
San Francisco Live Animal Market Update
News Advisory from the Law Offices of Miller and Miller

(Click here 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:

  1. 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.

  2. 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.

  3. 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,
Sincerely yours,
Baron L. Miller
Ph: 415-522-0500
Fax: 425-522-0513

Thank you. United Poultry Concerns. May 14 1999
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