Court Rules on Alliance to End Chickens as Kaporos v. City of New York Appeal
On June 6, 2017, the New York State Appellate Division rendered a decision on our appeal regarding our lawsuit Alliance to End Chickens as Kaporos v. New York City Police Department, et al . Our lawsuit seeks to compel the New York Police Department and other city agencies to enforce the fifteen laws that are violated by Kaporos practitioners in New York. In Brooklyn alone, 60,000 chickens are slaughtered on public streets for this ritual. The lower court dismissed the action, and the Appellate Division affirmed the lower court’s decision. The appeal was filed by Alliance attorney Nora Constance Marino in June of 2016.
The central issue of the lawsuit hinges on whether the city agencies have “discretion” to enforce the laws they choose. Plaintiffs claimed that the health codes and animal cruelty statutes are mandatory, meaning there is no discretion, and enforcement is mandatory. Defendants claimed they do have discretion, and enforcement is not mandatory. Three of the five appellate justices on the panel agreed with the defendants, and due to the majority, the lower court decision was affirmed. However, two of the justices dissented and filed a separate opinion that the “plaintiffs have a right to the relief they seek.”
Alliance attorney Nora Constance Marino said, “The fact that there were two dissenting judges allows us to seek appeal in New York State’s highest court, The Court of Appeals. We intend to press on.”
Please help us win a legal victory for the birds by making a generous tax-deductible donation to help with our demanding Court of Appeal costs entailing thousands of dollars. Please donate by check for “Kaporos” to: UPC, PO Box 150, Machipongo, VA 23405. Or donate by credit or debit card to our Alliance to End Chicken Kaporos Fund by clicking on www.endchickensaskaporos.com/donate
Thank you for your kind and generous contribution to our compassionate cause!
The Alliance to End Chickens as Kaporos is an association of groups and individuals who seek to replace the use of chickens in Kaporos ceremonies with money or other non-animal symbols of atonement. The Alliance does not oppose Kaporos per se, only the cruel and unnecessary use of chickens in the ceremony.