National Purebred Dog Day Update!

Many who hunt have Labs, Chessies, Springers, etc. Purpose bred purebred dogs. As many of you know, our rights as animal owners & lovers are under constant attack by the anti's (anti-hunting, anti-gun, anti-fishing, anti-dog ownership, etc.). There is a movement afoot to establish the National Purebred Dog Day.

National Purebred Dog Day was created for a whole lot of reasons, not the least of which was that it didn't exist a year ago, and that seemed wrong to me when there was a National Mutt and National Rescue Day. It struck me that with such a name, it was not only fitting, but expected to celebrate purebred dog ownership and its ethical breeding. And finally, the existence of such a day gives all purebred dog owners, even the shy ones, ONE DAY out of the year when they can be PROUD-OUT-LOUD about being purebred dog owners and breeders. For all the other 364 days, there is National Purebred Dog Day on Facebook.
But it's time to grow, and to realize the potential in how better to give a voice to purebred dog owners and breeders in a way they can't seem to find anywhere else. And that's why a Kickstarter campaign was launched last week to fund the building of a website that will rival National DOG Day's website. There is one, you know. It just had its second make-over.

Right now, the fundraising effort is stagnant.  It hasn't gone anywhere for the past 24 hours. I really dislike seeing flat lines in graphs.  My guess is that people are afraid to support a movement for purebred dogs. Too many people are afraid of alienating their friends, fans base or audience. That's why this grassroots effort has to be made; has to be successful among those of us who stand to lose the most. The rich and famous will always be able to get whatever kind of dog they want. Who will suffer? Guess. We & the dogs do.  This is time to call in favors, reach out to the people we know with a bully pulpit, anyone with a blog, massive Twitter audience, or even write to a celeb.  Help me get that line moving up again.

I'm asking for your help. Share the link to this video and Kickstarter campaign. Talk about it with your friends and family over Thanksgiving - the campaign ends December 13th. If I fail to meet the goal, we all walk away empty handed and, the anti's will win and the dogs, our beloved dogs will lose.

National Purebred Dog Day Movement

Did you know that there are more panda bears in the world than there are Skye Terriers?

I'm asking for the help of every purebred dog owner & enthusiast with this project.  Please share the link with ten of your friends and ask them to do the same.  Put it up on your Facebook page; post it on your clubs' pages.  Share with your hunting buddies because they too are impacted by animal laws, by breed specific legislation, and by the animal rights movement to restrict dog breeding.  Whether their dogs are purebreds purchased from an ethical breeder, adopted from a shelter, or re-homed from breed rescue, we are all in the fight of our lives to save our breeds and to preserve our right to own the dogs of our choice.

Will this save the world?  No.  But if having a national day recognizing purebred dogs and their contributions to the world; if having a website to help give voice to us as purebred dog owners & lovers, maybe it's a little start. I know I am tired of not having a voice.

In an effort to promote & celebrate purebred dogs, we hope to have this video go viral and to have a movement that sweeps the nation, but it can only do so with your help.

Please watch the video and offer your support at National Purebred Dog Day.

We all thank you.

CALL TO "BATTLE STATIONS" - - "IT'S NOW OR NEVER!

By: Frank Losey (franklosey@twc.com)
Information on Website: www.memoryofchaucer.com/franklosey.htm

I wish to share what I believe "Everyone Needs to Hear, Rather Than What They Want to Hear."

The APHIS FINAL RULE is like a runaway freight train, and I personally and professionally believe that the only realistic, practical way to "derail" the "freight train" before November 17, 2013 is for a Federal Judge to issue a Temporary (ideally a Permanent) Injunction that would expressly prohibit the USDA from implementing the Final Rule. In short, the "60-Day Time Bomb clock" is ticking, and if a Federal Injunction is not issued before November 17, 2013, the APHIS Final Rule will have the "EFFECT" OF LAW THAT MAY BE ENFORCED AGAINST ANY BREEDER THAT APHIS (A.K.A. MS. SARAH L. CONANT) DETERMINES TO BE IN NON-COMPLIANCE!

Although the APHIS Final Rule is a "Regulation," it is a "Readers Digest" version of the PUPS Bill, and it will "grease" the HSUS path for HSUS to begin 2014 with a Full Court Press to persuade Congress to enact the PUPS Bill. In this regard, an unchallenged APHIS Final Regulation will strengthen the arguments that HSUS will put forward for Congress to enact the PUPS Bill. And what is so chilling is that when the PUPS Bill comes up for a vote, the APHIS Rule will - - repeat "WILL" - - be cited in support of an "eleventh hour" floor amendment to add a few tweaks that purportedly will be technical in nature, but could be the final nails being drilled into the figurative coffins of all Hobby and Commercial Breeders.

While there is so much truth in the adage that "Desperate Times Call for Desperate Measures," I fervently believe that "Desperate Measure" of citing subjective "loopholes," such as claiming that all dogs bred fall into the hunting or working or any other "exempt" dog category is doomed - - yes
doomed - - to failure because Dr. Rushin stated that decisions will be made on a "case by case" basis. Such a subjective "case by case" statement could be cited as one of the judicial arguments for seeking a Federal Injunction because it constitutes an admission that the Final Rule is so vague and ambiguous that breeders may be subject to subjective rather than objective standards, which will create a realistic potential that their Constitutionally guaranteed due process rights may be jeopardized because they will be subject to arbitrary interpretations that would not stand the scrutiny of judicial review. In this regard, bear in mind that "case by case" interpretations may very well be made by Ms. Sarah L. Conant, the former HSUS Litigation Attorney who is now the Chief of the APHIS Investigative and Enforcement Branch! And she has the authority to decide how great fines will be for a violation of this Final Rule, and in "appropriate" cases, she may further make recommendations as to "prosecutions!"

BOTTOMLINE: Those who believe they can circumvent compliance with the Final Rule by claiming that they fall within an "exception" are playing with fire that could ultimately result in fines and lifetime prohibitions from ever being permitted to breed dogs. That is why it is so important to challenge the Final Rule before it becomes, in effect, a "Rule of Law." In this regard, if all breeders contacted their respective Member Organizations and urged them to immediately and collaboratively work together in order to seek a Federal Injunction NOW, the "Window of Opportunity" to stop the "runaway freight train" will not be lost, and the PUPS Bill may be mortally wounded, and lose Congressional Support!

The "Desperate Measure" that has the greatest chance of success to stall and "derail" the runaway APHIS FINAL RULE freight train is for all breeders - - Hobby and Commercial Breeders - - to make a commitment to "STAND UNITED," and to cease and desist "pointing fingers at one another," and follow the HSUS Playbook Strategy of presenting a "unified front."

Last year the HSUS orchestrated the APHIS Proposed Rule as part of its "masterful" and diabolical Strategic Plan, which it has "masterfully" orchestrated over the last 10+ years by, step-by-step, deceiving and dividing the breeder community of Hobby and Commercial Breeders. First, it deceived the hobby breeder community in the 2004-2006 time-frame by claiming that it only was targeting the commercial breeders which it referred to as the nasty and inhumane "PMs." (Note I never publicly use the phrase that the "PM" stands for because it was designed by the HSUS to create a false image in the minds of the America Public and Elected Officials! And it has worked, even though it is the equivalent of a despicable racial or ethnic slur.)

Many within the Hobby Breeder Community have used the HSUS' "PM" phrase over and over again without realizing that this usage supported the "divide and conquer strategy" of the HSUS because it offended a significant number of Commercial Breeders who truly, truly care about the health and welfare of their dogs and puppies, and who meet or exceed even the AKC Standards. And to the dismay of AKC and the thousands of AKC Breeders, they were shocked on May 1, 2013 when the HSUS stated that the AKC was "joined at the hip" with the "PMs!" All the more reason for AKC Breeders to cease using the "PM" phrase that predictably will transition into the HSUS referring to
Commercial "PMs" and Hobby "PMs."

Predictably, the HSUS will use any attempt by the Hobby Community to exempt themselves out from under the Final Rule as further evidence that the AKC and its Hobby Breeders are "joined at the hip" with the "PMs," and the HSUS will put on a major push at the beginning of next year to claim that the
flaws associated with the APHIS Final Rule can only be corrected by the passage of PUPS. In short, "loophole" arguments will be cited as a reason for swift passage of the PUPS Bill, at which time a few "tweaked" provisions will be added as late night "Floor Amendments," which Amendments would
tighten the noose tighter around the necks of all breeders - - Hobby and Commercial - - and provide yet another basis for HSUS to press for publishing a new and even more stringent Final Rule that will have death knoll implications for all breeders. This is why Commercial Breeders must support all efforts by the Hobby Breeder Community to stop the USDA from enforcing the Final Rule with a Federal Injunction. In this regard, if the collective efforts of "ALL" breeders resulted in a Federal Injunction that barred the enforcement of the APHIS Final Rule, such an Injunction would all but absolutely- positively "kill" - - like a "poison pill - - the PUPS Bill, which Bill is even worse than the APHIS Final Rule. Thus, a "WIN-WIN" for all Hobby Breeders and all Commercial Breeders. In short, the PUPS Bill would become "toxic," and even the current co-sponsors would not push for a vote.

In the words of Benjamin Franklin: "We must indeed all hang together, or most assuredly we shall all hang separately." In short, Commercial Breeders must support any effort by the Hobby Breeders to obtain a Federal Injunction that will stop the USDA from enforcing the APHIS Final Rule on November 17, 2013.

The time, cost and expense of seeking a Federal Injunction will be substantial. However, in the long run, the cost of supporting the effort to obtain a Federal Injunction will pale in comparison to the financial and psychological cost to all affected breeders who are forced to either comply with the APHIS Final Rule, as interpreted by Ms. Conant, or to cease breeding dogs all together. In this regard, no Hobby Clubs or State Commercial Breeder Organizations have the financial resources to independently fund an effort to stop the immediate and follow-on "carnage" that will occur if the Final Rule is not successfully challenged in a Federal Court. That is why I believe that it is imperative for an
organization, such as AKC, to take the lead in pursuing the effort to seek a Federal Injunction. They have the name recognition and stature to make the representation to a Federal Court that it has "legal standing" to represent the interests of the single "largest class" of breeders in the U.S., as opposed to just a few breeders. Here it is significant to note that AKC Breeders not only include Hobby Breeders, but also include a significantly large number of USDA Commercial Breeders. While AKC is in the best position to take the lead, all other Commercial and Hobby Breeder Organizations should financially support the Federal Injunction Option to the best of their financial ability.

If the APHIS Final Rule is not Successfully Challenged, there may not be another opportunity to derail the HSUS Freight Train. From a military perspective, when possible, it is best to pick the battles you have the best chance to win. The APHIS Final Rule may be the best battle to wage because there are so many flaws and "omissions" in the Background Justification published in the Federal Register that may be cited as the legal bases for a Federal Judge to grant an Injunction. (I do not wish to publicly cite all
of the legal bases as I do not believe it is prudent to give the HSUS a "heads-up." Never tell your enemy how you plan to defeat it!)

BOTTOMLINE: As an attorney, I professionally believe that the published discussion of the Comments that APHIS referenced in the September 18, 2013 Federal Register provides a number of legal arguments that may be cited in support of a Lawsuit that seeks to restrain the USDA and APHIS from
enforcing the APHIS Final Rule.

The Words of "It's Now or Never" have never been truer or more appropriate to say.

Frank

What We're Dealing With...

This morning, one of the neighbor's supporters decided to let me know on this blog their opinion of me & our efforts to keep our neighbors from starting a livestock rescue next door.

Jack pushing on the fence to graze my yard

Now mind you, they are currently keeping 5 donkeys in their 1/3 acre backyard where they allow them to push on the fence and graze our property.  Our property has been grazed so much that for a 3' wide swath it is nothing but bare dirt and a couple of newly rooted cholla & prickley pear cacti.   The donkeys pushing on the fence to get to our yard has really damaged it.  I knew it was in bad shape, but I didn't realize how bad it was until today when I was discussing options with the landscaper.  After really looking at the fence today, I'm not sure how it's holding those animals in that yard.

The fence posts are bent, which is to be expected.  The 4" square, wire field fencing is sagging.  It's sagging so much that it is down to the elbows of one of the smaller, standard sized donkeys. It won't be much longer before the mammoth donkeys will be able to step over it and into my yard.  The staples which held the fencing to the wooden corner posts have all pulled out.  Truly, the only thing holding up that fence, which is right on the property line, are the bent, metal, t-posts.  That's it folks!

Anyway, I've digressed.

The supporter of our neighbor, who didn't have the courage of their convictions to post their name, proceeded to lambaste me for standing against our neighbors.  Like our neighbors, they are nothing but bullies and they are cowardly ones, at that.  Heck, I'm not even going to say anything more about these obviously unbalanced people, I'll let their words do the talking.  Enjoy!

These kinds of people, animal rights activists, are all cut from the same mold.  The thrive on drama. They spread all kinds of misinformation & disinformation.  They love to be "the victim" and they are hypocrites.  They want people to believe they are kind & considerate, when they are everything but.

The comments above are just so typical and it just goes to show the kind of people we're dealing with.