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The Animal Rescue River is filling with Dogs!

The Animal Rescue River is filling with Dogs!

 

The dog people heard the cries of baby puppies, mother dogs, old dogs, and young healthy dogs yelping for help in great distress. 

 

By Dean A. Ayers

Lead Investigative Reporter

NationalDogPress.us ©

 

31 Jan 12


A group of dog loving people were standing by the Animal Rescue River bank doing nothing in particular except watching the clock tick by until the “Animal Rightist Euthanasia” doomsday activists arrived. 

Suddenly all the dog people by the river, heard the cries of numerous baby puppies, mother dogs, old dogs, and young healthy dogs yelping for help in great distress. 

Shocked, the dog people then saw a baby puppy in the raging rapids of the Animal Rescue River sweeping by all the people, standing by the river bank and they saw the puppy dog drowning in the water.

One dog person immediately dived into the water to rescue the baby puppy. But as this was going on, yet another baby puppy came floating down the Animal Rescue River, and then another dog, and another, and another! All the dogs were yelping in distress in fear and “harm’s way” of drowning in the raging river.

All the people standing at the Animal Rescue River bank continued to jump into the water to attempt and save all the dogs, and then the people in the river saw "one" dog person still standing on shore, who started to run away from the group of dog people who were jumping into the Animal Rescue River to save the individual dogs drowning.

Accusingly they shouted at the man not jumping into the river, "Where are you going?" The response of the person running away was: "I'm going upstream to stop whoever's throwing all the baby puppies and dogs into the Animal Rescue River and stop this nightmare at its source."


Moral of this story: 

I Say: Be there for every dog, cat and animal, not only by saving the ones drowning in shelters and rescues, but by proactive action of saving the "many" before they drown in the rivers of all the animal shelters and animal rescues, also called “Humane Societies” in this nation.

Recognize it is also various Humane Society Animal Shelter’s themselves that sometimes are throwing the dogs into the Animal Rescue River to drown.

Sometimes for a handsome profit, known as an adoption fee, pull fee, rescue fee, or by stopping victim’s illicit dog adoptions or their euthanasia “only” after requiring hefty donations (from alleged animal owner accused victims) to the various humane society programs. This practice is also known as Animal Control Authorities charging dog owner victim’s a “thieving” fee in order for the accused dog owner victim(s) to get their dogs, cats and animals back!”

THE OFFERED SOLUTION:

Stop the Animal Shelters, Rescues, and Animal Rights societies that promote mass propaganda programs and perverted animal law legislation and doomsday clock “euthanasia” of dogs, and the “scare tactics” put on pet owners with euthanasia with the doomsday of Animal Activist legislation proposal clocks.  

Help loving dog and pet owners to halt the “Animal Rights” activist lobbying of local legislators, state congressional bodies, and for people's donations for the various Animal Rescue River "tyranny" in animal laws in our so-called humane society, and "go upstream" to stop the animal law legislation, ordinance problems and animal rights groups lobbying for animal control laws “without” legal “DUE PROCESS” of law and save the many dogs, and animals at the “source.”


The Source of the Problem: 

The problem is "upstream" in the Humane Society Animal Shelters themselves and the society of people, groups and organizations controlling them, to adopt dogs at the cost of a high rescue fee, pull fee, adoption fee, or “thieving fee” by saving just a few 'cute' dogs, and 'failing to disclose' the truth about the quiet mass euthanasia of the rest of the shelter dogs, deemed to be “unadoptable” (FOR A FEE).

The End Solution: 

The appropriate “Action” is to go “upstream" to stop the source of the problem. By taking action to instill a local, state or national “no kill” animal shelter policy, with “free” adoption of all the dogs, cats, pets, strays, and animals, with no strings or fees attached. Take the profit out of so-called rescue dogs (for profit). Adopt all dogs for free. No contracts, No strings attached. No more euthanasia time clock “scare tactics." Otherwise, the tyranny is in place just to “control” you and your dogs and animals thru adoption contracts!”

I choose to leave the river bank by the Animal Rescue River and go “upstream” to save the many dogs and animals about to be thrown in at the source by the “Animal Rights” activists and their legislators. Will you help 'support' the most honorable cause to protect all dogs, dog owners, and other pet owners, by never, I mean never, supporting the euthanasia of dogs, pets and animals in animal shelters or the adoption policy of 'profiteering' from rescuing or saving dogs from Humane Society animal shelters, by their “selling” the dogs, pets, and animals as a rescue adoption (FOR A FEE).

If not you, then who will save the massive amounts of dogs, cats, pets and animals in need?

"The truth is rarely pure and never simple." ~ Dean A. Ayers

###

Dean A. Ayers is a prior United States Air Force Special Agent for the AFOSI. His duties included that of law enforcement specialist, criminal, fraud, and counter-intelligence. He was assigned to felony crimes in federal government, fraud, waste and abuse investigations of the military branches of service, and counter-intelligence in overseas locations. Dean was also a former Texas State Commissioned Alamo State Park Armed Ranger.

Dean is currently Director, Animals C.L.U.B.- Freedom National Organization Incorporated (Nonprofit) and Dean is also a Lead Investigative Reporter for the NationalDogPress.us © and AnimalsClubFreedom.us news press services.

 

National Dog Press' Model of the Year PROMO campaign to Get Dog "DUE PROCESS" into Animal Law

National Dog Press' Model of the Year PROMO campaign to Get Dog "DUE PROCESS" into Animal Law, word out. Read the articles at http://NationalDogPress.us/

 

Read the TRUTH about ASHLEY NICOLE MILLER and her dogs "STOLEN" at http://NationalDogPress.us/

Read the TRUTH about ASHLEY NICOLE MILLER and her dogs "STOLEN" at http://NationalDogPress.us/

The Unlawful THEFT of Ashley N. Miller’s dogs without Legal “DUE PROCESS” by Killeen, Texas!

The Unlawful THEFT of Ashley N. Miller’s dogs without Legal “DUE PROCESS” by Killeen, Texas

The Unlawful THEFT of Ashley N. Miller’s dogs without Legal “DUE PROCESS” by Killeen, Texas Authorities – SHAMEFUL!

By Dean A. Ayers

Director

Animals Club Freedom National Organization Incorporated (Nonprofit)

http://NationalDogPress.us/

 

Article 1 of an ongoing series

 

29 Dec 11

 

Ashley N. Miller’s dogs were surrendered to Killeen, TX Animal Control by someone who did not own them.

The saga begins In Killeen, Texas this year. Animal Control Authorities never notified Ashley N. Miller of the impoundment of her pets. They knew that the person who surrendered her pets to animal control authorities was not the owner and they also knew who the dogs belonged to.

In turn, Killeen, TX Animal Control told Ashley N. Miller that she could not get her pets back without paying $2,400 and Animal Control Authorities in Killeen, TX also increased the rate on her dogs daily and did not offer a payment plan. They did this without a hearing, and without legally obtaining custody through a judge for Ashley N. Miller’s dogs.  No form of constitutional "Due Process" was given in regards to Ashley N. Miller’s dogs which are considered property under the law.

Killeen, TX Animal Control Authorities then sent Ashley's dogs to four known rescue organizations that are refusing to return them to her.  Ashley N. Miller is working on filing a petition against the city of Killeen; TX as well as suing the four rescues involved who have allegedly STOLEN her dogs without legal “Due Process.”. Ashley N. Miller has stated that the demand letters for the rescues to return her dogs have been sent from her attorney's office and received by the four separate rescues.  Ashley sincerely wants to help pass "Apollo's Law" through Congress to help prosecute those who wrongfully steal another person's property.  Ashley N. Miller states, “Every person who is arrested is entitled to "due process" and a protection of life, liberty and property as listed in the U.S. Constitution.” “If anything, the rights to what we are entitled to federally need to be defended freely and at no charge.”

These governmental entities and rescue organizations need to be held accountable for their illegal, illicit, and immoral dog and animal seizure actions without proper and legal “Due Process” just as anyone else would expect in law. Yet, Ashley N. Miller still continues to fight for her dogs STOLEN by Animal Control Authorities and various Animal (So-Called) Rescues.

This is the first article in the ongoing series of articles by this Lead Investigative Reporter in following the plight of Ashley N. Miller, from Killeen, TX in her desperate struggle to be re-united with her beloved dogs, pets and animals, STOLEN from her by government Animal Control Authorities, and subsequently RAVISHED in THEFT by several Texas Rescue Facilities.

 

The ultimate perversion of “petty” animal complaint’s truth at its deepest core in society.

Many of our fellow citizens, no longer have the tolerant souls and morals of free men and women towards animal ownership. They have the souls and morals of a now “perverted” mentality of busy-bodies and petty “tyrants” who want to ruin their neighbors’ lives, kill their dogs, cats, or other pets and end their neighbor’s pet ownership rights. All in the name of an animal’s right not to be owned by its master, but rather only be parented or controlled only by a ‘parent-guardian’ designation, which can be revoked by the “state” at any time with the “stroke” of a pen, called an animal law.

This is the ultimate perversion of truth at its deepest core in society, by not cherishing family values with pet ownership “intrinsic value” in private property freedom, as well as, having pets being accepted as a lawful and protected member of the ‘extended family’ with the human beings in that family. In simple terms, the acceptance of socialism in the dogma of a dog hating, animal destroying neighborhood and society has taken root in America. Maybe even next door to your dog, cat, or other pet animal.

 

Our dogs, cats, pets and animals are, in fact, an integral part of our loving family units, having purpose, attention, affection, interaction, respect, family interaction and happiness for both humans and the pet animals on an “intrinsic value’ level, not that of meager chattel. However, the “animal rights activists” and legislative body members (local city, state and federal), who follow the animal rights activist’s agenda to intentionally pervert the idea of a loving family with pet ownership interactions, has gone astray, from a logical and common sense way of thinking. These animal activist legal proposals are being implemented with intent of “malice” to the pet owners, as well as the pet animals themselves.

These animal rights intolerant people have become “tyrants” thru the use of our various legal systems and its “manipulated” proposal of animal care, animal license taxation, and controlling laws; destroying the very freedoms “We as People” seek and have a right to possess in a free society. This is a ‘realistic’ and ‘common sense’ brief documentary of the multitude of insanely ‘perverted’ proposal of violations of “pet ownership” rights and freedoms by none other than “nincompoops” wearing a badge or shoulder patch representing an animal control authority, implying they are a “Humane Society.”

Do Animal Control Services enforce animal control duties thru tyranny without “due process” or justice or even a nuisance complaint? Do Animal Control Authorities (dog catchers) have to be “nincompoops” to work for Animal Control Services (sometimes misnamed as a “Humane Society)” in their communities, or does just being a “nincompoop” in enforcing animal control duties just help tyranny without “due process” or justice prevail in animal care, control, and license laws?

 

Animals are traditional property, now legally having “Intrinsic Value:”

Animals are human-kind’s most ancient and traditional property. Before ever we settled down to a plot of land and threw seeds in the soil, we numbered animals as our most valuable possessions. Wealth has always been associated with the number of animals that a person owned, and kept.

Now animal ownership, use, and the ancient, honorable practice of animal husbandry are under global attack by dog laws, animal ID laws globally. It was initiated by the animal “rights” movement, and adapted by local, state, and federal governments throughout the world.

 

A Dog’s life has ‘intrinsic value,’ New York judge finds:

Finding that a dog “is somewhere between a person and personal property,” a New York trial court said a pet owner whose dog died following unauthorized surgery may seek damages beyond the purchase price of the animal. “[A dog] is not an inanimate thing that just receives affection; it also returns it,” the court wrote, citing Corso v. Crawford, 97 Misc. 2d 530 (N.Y., Queens County Civ. Ct. 1979).

 

Interview with Ashley N. Miller

Pursuant to a miscarriage of justice that began on May 25, 2011. Ashley N. Miller contacted many organizations in regards to her case attempting to obtain help in defending a violation of her right to “due process” as described in the Constitution of the United States. Ashley N. Miller’s reputation and character have been tarnished, by the very people who she was supposed to be able to trust to defend and protect her rights.

The information pertaining to the criminal accusations against Ashley N. Miller by both the City of Killeen, TX Police Department and Animal Control authorities have subjected Ashley N. Miller to death threats and physical harm. This has forced Ashley N. Miller to remove herself and her remaining animals from the City of Killeen, TX and even the State of Texas as a whole, to a safer area to protect them from any other harm. Ashley N. Miller fears for the safety of both herself as well as her animals.

Ashley N. Miller has requested assistance from several organizations to assist with getting her dogs home and have been unsuccessful thus far.

As an Investigative Reporter, It disturbs me that as Ashley N. Miller is a Veteran of Operation Iraqi Freedom who served on various convoy missions and successfully protected our rights, freedoms and liberties as well as those of the citizens of Iraq that Ashley N. Miller is unable to find assistance in her case.

 

Ashley N. Miller described the background information leading up to the alleged illegal, illicit, and immoral THEFT of her dogs, by Killeen, TX. Animal Control Authorities.

 

Ashley N. Miller stated her plight with Killeen, TX animal control authorities and other rescues in Texas to this Investigative Reporter as follows:  

QUOTE - Last year, my dog Apollo had been stolen from me and sold for money. After an extensive 2 ½ month search and over 2,500 miles of walking on foot I found him. The search did not end there. I was wrongfully arrested and my dog was left at the scene with the thieves who stole him. Upon my release, my dog was returned to me and the charges were dropped shortly thereafter. I chose to start a “search and rescue” to save dogs who were lost or stolen, neglected, abandoned, or abused based on the situation with Apollo. I did this all out of my own expense as I was still awaiting verification of my application to become a 501(c) 3 non-profit. I was referring to this network as KASR (Killeen Animal Search and Rescue). I have never hidden what I was doing in rescue from anyone. In fact, I made it very clear as to the mission of the rescue work I was doing through various forms of media networks as well as social networking. I have taken animals into my care and under my wing to help them recover from injuries as well as helping other organizations to rescue animals all over the world.

I was accused of committing Cruelty to Animals when I took in a puppy that had developed symptoms of “Parvo” shortly after his arrival in my home in January of 2011. I had performed C.P.R. on the dog to save his life as well as attempting to rehydrate him the night before his death. A person I had allowed to reside in my home accused me of killing the dog, when in fact I was doing the exact opposite.  Despite the fact that other roommates also verified that I was trying to save the dog, I still received a nasty call from the head supervisor of Killeen Animal Control, known as Stacie Sherva.  This resulted in the constant harassment of Animal Control coming to my home stating they had gotten complaints of dogs fighting in my backyard. Due to the harassment I received from Animal Control and a Detective in the Police Department, I made the choice to shut down my rescue and never continued the process of becoming an official non-profit.

On March 7, 2011, I adopted one of the cats I had rescued to someone for free provided they sign an adoption contract to ensure the cat was properly cared for due to the situation I had acquired him from. I had taken this cat into my home along with many others from someone who supposedly passed away. All of the cats in this woman’s home were sick and malnourished. I along with the volunteers who assisted in the rescue of these cats did everything we could do to help each and every animal. On March 21, 2011, I was interrogated for over half an hour by the Detective and Animal Control Officers assigned to a complaint over the cat that I had given away on March 7, 2011.  I denied them access to my home because I was on my way to work and did not have time to show them all of my animals, and to call my attorney. However, I had never denied them access to my home prior to that, and they had been coming to my house since mid-January. They persisted in speaking with me at which time I hit the record button on my phone. I explained to them several times that I had to be at work and that I would allow them in my home the next day because I had to go to work.

I did allow the Animal Control Officers to come to my home the next day on March 22, 2011.  I personally had called and invited them to my home.  A fight broke out between two of my dogs (Apollo and Koda) and I needed them to fill out a “bite report” as well as physically examine them to ensure they were ok. I also allowed them to go throughout my entire home and look at all the animals, of which I had done before. The cats in the home had their own room and the dogs were indoors and outdoors with my supervision of course. Several other visits were done on my home. The last visit I remember was on April 10, 2011 which was only 2 days prior to an illegal search warrant that was done on my residence April 12, 2011.

I complained to the Chief of Police in regards to this and he agreed that if I had allowed them access a warrant was unnecessary as I had always given them permission to enter my home. With the exception of the one time I was on my way to work. The reasons for granting the warrant was because the Judge was told that I had not allowed them access to my home. A warrant was issued for my arrest in the beginning of May in 2011 for the cat I had rescued from the home of the woman who died. I was released on bail and told that I had to pay a fee to get my animals out. I was told that they had been surrendered by the person I left in charge to take care of them; however that person denies that claim.  I paid for the animals I was able to pull and the others I was forced into surrendering. The estimated cost to reclaim my animals was approximately $850. According to Killeen Animal Control, the only thing that kept me from having my animals was money. It has never been stated that endangerment was their concern for returning any of my animals to me. I also received 27 tickets in the mail for city violations of which I am fighting in court as well; most tickets contain more than one charge.

I was forced into moving out of my home by my landlord (Steven Naser) because he told me that I wasn’t going to be allowed to bring my animals back home. He also authorized and told my roommates to throw my stuff out of the room I lived in and into the garage which resulted in the theft of some of my property as well as the destruction of most of my property. My landlord had agreed upon allowing me to move in to have animals and had never had an issue prior to my arrest. The landlord is also apparently friends with the Detective assigned to my case (Detective Parr). I was also informed by my landlord that Detective Parr had released information pertaining to my case to him.

I contacted someone (Tammy Duncan) who had asked me for help in assisting her to find her stolen dog last year and asked her if she would help me by giving myself and my pets a place to stay. I made the mistake of speaking about my case to her in detail. Although I was not aware of this at the time of moving in with her, she apparently has been medically diagnosed as having psychological disorders and is under several variations of medication that has been prescribed to her.

While living with her, Killeen Animal Control had received an anonymous call on May 25, 2011. The caller told the Killeen Animal Control that I had tried to neuter my dogs. Killeen Animal Control came to the home and I had to get permission for the owner to let them enter. Upon their entry, we looked at every dog and sure enough two of the 5 dogs that I own had their testicles tied with rubber bands. I explained to the Animal Control Officers at the scene that I had not done that to my dogs, and even called the Animal Trustees of Austin to schedule an appointment to take my dogs to Austin the next day for surgery. Shortly after the phone call, Detective Parr arrived at the home and took me to jail.

My cats and dogs were surrendered at the time of my arrest by the woman I was living with (Tammy Duncan), and I was never notified as to their whereabouts by the Animal Control Authorities upon their surrender. After several days of calling from jail to my roommate and several attempts from my family to get ahold of my roommate, she finally returned a call to my dad stating that Animal Control took the animals and that she was told she had to turn them over or they were going to take her to jail. My dad said that Animal Control told him that all of the animals were surrendered to them by Tammy who refused to watch them and that they were being held as evidence. They told him no amount of money could be paid to get them back.

When I got out of jail, I went onto the City of Killeen’s website for Animal Control and saw my cats posted online for adoption. I immediately called Killeen Animal Control and asked them why they were posted for adoption when I have never gone to trial and that my dad had stated they were being held as evidence. Stacie Sherva is the Shelter Manager and she had stated that they were initially told that they were being held as evidence, and that the City of Killeen had given them custody of my animals and authorized them to be released to rescue groups only. She also stated that I could get them back provided I pay them $2,400 and that the fee increases daily and there was no payment plan.  I was only able to come up with $660 to pull my cats, and the rest of my animals were sent off to rescue groups throughout Texas.

*I have never been convicted in a court of law and my rights to “procedural due process” as stated under the 5th and 14th Amendments of the Federal Constitution of the United States in regards to my dogs was violated.*

There was also the issue of the fact that no form of justification took place in regards to legal ownership in establishment of the rights to my dogs; precedent to them removing my dogs from the property, and sending them off to rescues.

I contacted Animal Control and asked them for information as to where my dogs were sent to and was told they did not have to tell me. I also informed them that upon my release from jail the second time that I had witnessed Tammy Duncan “tazing” her dogs and that I feared she would injure my dog Zeus (who she never surrendered). Stacie Sherva had stated she did not know if it was considered animal abuse because they do it to people. I also found out that Tammy had stolen the other stuff I had when I was in jail and lied to me stating that Animal Control had given her my dog. It took the work of Detective Dinwiddie of the Killeen Police Department to get Tammy to return my dog to me. Detective Dinwiddie was involved in the case with Apollo last year. Animal Control stated that they had not given her custody of my dog, that Tammy had agreed to watch Zeus and turned everyone else over to the pound.

I submitted an open records request to obtain the information as to what rescues my dogs were sent to as well as any and all information pertaining to all animals that I was forced into surrendering. Many of the ones I was forced to surrender were put to sleep and the others were sent to rescue groups. I also discovered within the report that they had come to pick some of my dogs up the day after I was arrested.  The only dogs who were taken at the time of my arrest were the two that needed medical care.  I found out from the report that another one of my dogs had been injured while I was still in jail and was transported to a vet clinic that same day.  That is when I made the presumption that I believe my roommate was the one who injured my dogs as their injuries were similar to the dogs that were taken to the vet the day I was arrested.  I tried reasoning with animal control on getting my dogs home and was unable to do so. 

Meanwhile, I contacted and called every single rescue, shelter and foster home listed on the websites “petfinder.com” and “adoptapet.com” that were located in Texas by phone, and through email as well as “facebook.com”. Initially, two of the rescues I had contacted (Texas Husky Rescue and Heart of Texas Lab Rescue) told me they did not have my dogs and that they hadn’t pulled from Killeen Animal Control. After obtaining the open records request, I found out that the rescues had in fact lied to me and told me that they hadn’t received my dogs when they had. The other 2 dogs at the time were still in the shelter at Killeen.

I have tried contacting those rescues and begged them to give my dogs back to me, because if I would have had $2,400 I could have gotten all of my pets back, but I just didn’t have it. I was told that Heart of Texas Lab Rescue (HOTLABS or HOTLR) was going to start a smear campaign against me, that they had spoken with Killeen Animal Control (KAC) about my case, and that they weren’t giving my dog back to me. Texas Husky Rescue (TXHR) has refused to talk to me and threatened to sue me for libel for exposing the fact that they will not return my dogs and that they had lied to me about getting them in the first place.  Texas Tails of Hope Pet Rescue and Forever Homes Rescue are also refusing to give my dogs back to me. 

I am being treated as guilty, and have been stripped of my property without ever being convicted in a court of law.  I can assure you I am not guilty. I would never cause harm or neglect any animal under my care. It goes against my nature and my beliefs. I have contacted The Humane Society of The United States, The Animal Legal Defense Fund, the national and local ASPCA and SPCA groups, and many other rescue organizations and Animal Rights groups. I have called the newspaper that ran the story in Killeen, the offices of both the Senator and Congressman of Texas, Attorney General’s office of Texas, and even gone so far as to write celebrities such as “Ellen” and “Oprah” in hearing my story as well as over 200 law firms.

I have been unsuccessful in getting anyone to hear my case. None of my pets are under the care of Killeen Animal Control, and have been sent to rescues throughout Texas. Every rescue has been talked to by the City of Killeen, and each rescue is refusing to return my dogs and some have placed them up for adoption. Several of my dogs are still being hidden and my greatest fear is that I will never get them home. I have come to find out that in rescue many people who feel like they are doing the right thing when in truth they are not.  I fear that is why these rescues are hiding and transporting my dogs to hidden areas as well as lying about the dogs. I also fear that they will make up something and state that they died or got lost or many other numerous lies to keep them from being returned.

I am trying to get back the 5 dogs that were wrongfully taken from me. The dogs were sent to the following rescues:

Apollo – Heart of Texas Lab Rescue (Austin, Texas)

Koda – Texas Husky Rescue (Carrollton, Texas)

Phantom – Texas Husky Rescue (Carrollton, Texas)

Cowboy – Tails of Hope Pet Rescue (Waxahachie, Texas)

Scooby – Forever Homes Rescue (Kempner, Texas)

I feel that if I do not do something I will never see my dogs again and I have suffered severe emotional trauma from this.  To include depression and stress that has affected my daily life. This has affected my reputation, my ability to obtain work, my income, and cost me my home. I would be greatly appreciative of any assistance you can provide to me in getting this matter resolved. I do not care about money, or publicity in regards to this case. In fact, no amount of money can replace my dogs that were taken from me as I would give my life for any of them just as I would any other member of my family. My animals are everything to me and I will do everything possible to get them home. I appreciate you are extremely busy, but please take me serious as this is very important to me. If nothing else, please just do this for my dogs and other dogs which are facing a similar fate. I am working on figuring out how to file a criminal complaint on each affiliation involved.

I have gone to great lengths and personal sacrifice to ensure the safety and safe return of my animals. As I am facing the gravity of false accusations and punitive actions I don't deserve. Your consideration of this matter and expedient resolution would be greatly appreciated.

Most importantly, I am a veteran of the Iraq War.  I have fought for the right to protect the freedoms and liberties as defined in the United States Constitution, and I would hope that I can receive assistance in this matter to uphold those rights that I swore to defend.  - UNQUOTE

 

How Does Due Process Apply to Dog Seizure and Euthanasia Cases by Animal Control Authorities?

The following legal brief is a synopsis of the illegal, illicit and immoral actions taken by Killeen, TX Animal Control Authorities and possibly their  Law Enforcement Authorities Assisting, in Killeen, TX governmental  “WRONGFUL TAKING AND THEFT” of Ashley N. Miller’s  dogs, pets, and animals WITHOUT LEGAL “DUE PROCESS” as established by Case Precedent in the Law (detailed below).  

Ashley N. Miller’s dogs are still considered property in all legal jurisdictions today, due process, whether rooted in the federal or state constitutions, extends to life, liberty, or property. The more complicated issue, however, is how much process is due Ashley N. Miller?

 

The Supreme Court has promulgated a four prong test to determine this. In each situation, a court must weigh

A. the private interest affected by the official action

B. the risk of an erroneous deprivation of that interest through the procedures used,

C. the probable value of additional procedural safeguards, and

D. the government interest involved.

Mathews v. Eldridge, 424 U.S. 319, 335 (1976).

 

Due process requires the opportunity to be heard at a meaningful time and in a meaningful manner.

Rabon v. City of Seattle (Rabon II), 107 Wash.App. 734, 743 (2001) (citing Mathews, 424 U.S. at 333). Thus, when individuals can show they will suffer irreparable harm from a post-deprivation hearing, courts has recognized that a pre-deprivation hearing is necessary. In the case of orders to euthanize pets, many courts have considered the loss to the pet owner as irreparable.

 

Before the Hearing: Filing a Petition for a Preliminary Injunction

Dog owners should file a petition for an injunction to delay the killing of the dog until they have had the chance to be heard in court (For an actual example, see Petition for Preliminary and Permanent Injunction in the case of Wilson v. City of St. Louis (1990), which involved a Pit Bull named “Max” who was impounded and classified as dangerous because he allegedly killed the neighbor’s dog. The Circuit Court found that the plaintiff would suffer irreparable harm if the preliminary injunction was not granted and enjoined the city from killing or otherwise harming Max. The court ordered the city to release Max and change his dangerous designation to potentially dangerous.)

 

Overriding the Decision - Petition for a Writ of Mandamus

Due process includes more than just going through the motions of a hearing. In fact, even after hearings have been granted, decisions can be challenged as a prejudicial abuse of discretion that is not based on findings of fact or law. (This is what the owners of Boo, a bull mastiff who allegedly bit a child, argued in Williams v. Orange County Animal Control (1996)). In this case, owners should file a Petition for a Writ of Mandamus, a judicial remedy issued by a superior court to compel a government officer to do or forbear from doing a specific act, to delay the euthanasia order until the appeal can be heard. This writ of mandamus applies in any situation in which the euthanasia should be stayed, including scenarios in which an original hearing was never given.

 

Minimum Standards of Due Process for the Hearing

It is now also clear that hearings must meet certain minimum standards. Informal reviews that animal control agencies frequently provide upon the dog owners request often do not fulfill these requirements, because the decision-maker may not be qualified to render the judgment or may not be impartial if he also made the original decision to euthanize the dog. For example, in Phillips v San Luis Obispo County Dept., 228 Cal.Rptr. 101 Cal.App. (2 Dist., 1986), the owners of Missy, a black lab known to have a bad habit of biting children, contested the city’s decision to euthanize her. The amicus brief filed by Joyce Tischler of the Animal Legal Defense Fund pointed out the Municipal Codes at issue did not provide for the Animal Regulation Directors orders to be reviewed by the Chief Sanitarian of the County Health Department or the supervising environmental health officer, the two individuals who presided over the first and second hearings.

 

Challenges to the Ordinance Itself

In fact, many city ordinances are flawed in that they fail to specify that owners are entitled to hearings before their pets are euthanized. These municipal codes can be challenged as unconstitutional and, even if the city already granted hearings that met minimum due process standards, the decision to euthanize the pet would still have to be overturned. Otherwise, whether dog owners generally would receive due process would be at the whim of the animal control agency, and the city could avoid having to correct its municipal codes simply by voluntarily giving all dog owners a hearing. The court of appeals in Missy’s case agreed, concluding that the ordinances here are unconstitutional for failure to provide for notice and a hearing either before or after the seizure of an uncontrollable biting or vicious dog.

 

Most recently, in a landmark case, the court of appeals in Mansour v. King County, 128 P.3d 1241 (Wash.App. Div. 1, 2006) held that due process required even more than offering owners a hearing, ordering that an agency seeking to enforce a removal order must prove both the violation and the remedy it has imposed by a preponderance of the evidence. This is the same standard of proof imposed on the government when it attempts to temporarily remove a child from the custody of his parents. By instituting a burden of proof on the city, the court was essentially finding that the dog must be presumed innocent until the city can prove otherwise. Previously, there had been no standard of proof, and reviewing courts would only look to see if Animal Control had acted arbitrarily or capriciously. Thus, even the most minimal evidence that a dog should be removed would suffice, and owners would bear the burden of proving their pets innocent. Moreover, the court found that due process attached not only for orders to euthanize an animal, but also for orders of removal outside the county (Peter Mansour had been ordered to remove his dog from the county or turn his dog over to the city to be euthanized after his dog was accused of killing a cat).

 

Finally, the court held that due process required Mansour to have the ability to subpoena records and witnesses in his defense, and that the Notice and Order of Violation had to specify exactly what code provisions had been violated. Merely issuing a brief and concise description of the conditions for finding the violation is insufficient. Mansour was entitled to know ahead of time exactly what the County needed to prove at the Board hearing. If in fact it could not prove that Maxine violated a code provision that supported the removal order, he [Mansour] was entitled to know that in time to move for a dismissal at the Board level. Source Reference: Animal Legal and Historical Center.

 

TO BE CONTINUED – The Saga of alleged Animal Control "THEFT" and Rescue "UNLAWFUL TAKING" of dogs from Ashley N. Miller without “DUE PROCESS” of Law, in Killeen, Texas continues. 

Ashley N. Miller is a war veteran whose dogs were wrongfully taken from her and “We the People” are fighting to get her dogs back home!  Please follow the series of articles on Ashley N. Miller and feel free to share this article with everyone world-wide and on the Internet.  Read Ashley's story and help these dogs come home.  Thank you and God Bless to each of you who help get the word out.

 

STAY TUNED FOR PART 2 in this article series published originally at http://NationalDogPress.us/

 

Published By: Animals Club Freedom National Organization Incorporated (Nonprofit)

 

Posted by Dogpressorg on 12/29/2011 at 02:01 AM in The Unlawful THEFT of Ashley N. Miller’s dogs without Legal “DUE PROCESS” by Killeen, Texas | Permalink

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Posted by Dogpressorg on 12/30/2011 at 08:01 AM in IN A GALAXY... NOT SO FAR AWAY, CALLED TEXAS, Contact ALEX JONES | Permalink

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Evil Rescues "NO" Dogs on Facebook

A Cursory QUOTE from an alleged "Satanic and Evil" Dog Rescue Page on Facebook:

So the "DRUNK" Said; "I'm bored, I've been drinking and I've been posting about her (innocent dog owner) EVERYWHERE." The Good, the Bad, the Unforgivable of Animal Rescue you do realize that you can be sued for having this page right? It's called slander.

The correct word would be Libel.

libel [ˈlaɪbəl]
n
1. (Law) Law
a. the publication of defamatory matter in permanent form, as by a written or printed statement, picture, etc.
b. the act of publishing such matter

 

WHAT IF "GOD" WAS ONE OF US!

 - THE GOOD FOLKS! -

Doggies "DELETE" Bullies Campaign, Founded 6 Jan 2012 by AnimalsClubFreedom.us and NationalDogPress.us

Doggies "DELETE" Bullies Campaign, Founded 6 Jan 2012 by AnimalsClubFreedom.us

Doggies "DELETE" Bullies Campaign, Founded 6 Jan 2012 byAnimalsClubFreedom.us

http://twitpic.com/83t3qp

 

THREATS OF VIOLENCE rising against ASHLEY NICOLE MILLER, from Killeen, Texas

THREATS OF VIOLENCE rising against ASHLEY NICOLE MILLER, from Killeen, Texas  

Where are Law Enforcement and the Justice system in Texas to actively investigate the “ongoing threats” to ASHLEY NICOLE MILLER’s life and safety?

 

By Dean A. Ayers

Lead Investigative Reporter

http://NationalDogPress.us/  ©

 

2 JAN 12

Article 3 of an ongoing series

 

BACKGROUND HISTORY OF INCIDENT

The saga began in Killeen, Texas in the year (2011). Animal Control Authorities never notified Ashley N. Miller of the impoundment of her pets. They knew that the person who surrendered her pets to animal control authorities was not the owner and they also knew who the dogs belonged to.

In turn, Killeen, TX Animal Control told Ashley N. Miller that she could not get her pets back without paying $2,400 and Animal Control Authorities in Killeen, TX also increased the rate on her dogs daily and did not offer a payment plan. They did this without a hearing, and without legally obtaining custody through a judge for Ashley N. Miller’s dogs.  No form of constitutional "Due Process" was given in regards to Ashley N. Miller’s dogs which are considered property under the law.

Killeen, TX Animal Control Authorities then sent Ashley's dogs to four known rescue organizations that are refusing to return them to her.  Ashley N. Miller is working on filing a petition against the city of Killeen; TX as well as suing the four rescues involved who have allegedly STOLEN her dogs without legal “Due Process.”. Ashley N. Miller has stated that the demand letters for the rescues to return her dogs have been sent from her attorney's office and received by the four separate rescues.  Ashley sincerely wants to help pass "Apollo's Law" through Congress to help prosecute those who wrongfully steal another person's property.  Ashley N. Miller states, “Every person who is arrested is entitled to "due process" and a protection of life, liberty and property as listed in the U.S. Constitution.” “If anything, the rights to what we are entitled to federally need to be defended freely and at no charge.” These governmental entities and rescue organizations need to be held accountable for their alleged illegal, illicit, and immoral dog and animal seizure actions without proper and legal “Due Process” of case precedent law just as anyone else would expect in justice. Yet, Ashley N. Miller still continues to fight for her dogs allegedly“STOLEN” by Animal Control Authorities and various Animal (So-Called) Rescues without any proper and legal “due process.”

This is the “third” article in the ongoing series of articles by this Lead Investigative Reporter in following the plight of Ashley N. Miller, from Killeen, TX in her desperate struggle to be re-united with her beloved dogs, pets and animals, allegedly STOLEN from her by government Animal Control Authorities, and subsequently allegedly RAVISHED in THEFT by several Texas rescue facilities without proper and legal “due process” of case precedent law.

As this incident is still on-going, this Investigative Reporter will “digress” to the subject of what an innocent and reasonable person “should do” in the event law enforcement or animal control authorities “come knocking” on your private property door.

 

WHAT TO DO WHEN ANIMAL CONTROL OR ANY OTHER AUTHORITY OR OFFICIAL COMES KNOCKING

DOG and PET OWNER ENFORCEMENT TO PREVENT TYRANNY INTRUSION - What Every Dog and Pet Owner Needs to Know.

Dog owners and ethical breeders are increasingly being targeted. Disgruntled neighbors may retaliate against dog owners and for may other reasons drive complaints, and anti-dog enforcement action, which many times may be conducted illegally.

The following text outlines methods of inquiry and enforcement which may be used by local officials in attempts to enforce ordinances in your community and suggested techniques of response. These techniques are entirely legal and based upon the rights of citizens as stated by the U.S. Constitution.

No dog owner wants to have Animal Control come knocking on the door...but if they do, it will help if you know what your options are.

Remember, Animal Control is law enforcement. They are bound by the same Constitution as any other government agency. To protect yourself, you need to know your rights. These vary slightly one jurisdiction to another, but some general principles apply. One rule applies everywhere: never physically resist an officer.

When Animal Control Is At Your Door:

Do not let them in, no matter how much they ask. Animal Control generally cannot enter your home without a warrant, or your permission. While regular police can enter in emergency situations when human life is at risk (i.e. they hear gunshots and a scream inside), there are few, if any, situations in which Animal Control can enter your home without a warrant. Simply tell them they may not come in.

If you let them in, anything they find in "plain sight" can be used against you. In some circumstances Animal Control officers, unable to find a legitimate reason to make an arrest, have reported building or zoning violations. This may include caging you attached to a wall without a building permit, that extra outlet in the puppy room, having more pets than allowed by zoning, even extension cords in violation of fire codes! No matter how clean your kennel, if they want to find a violation, they will.

Do not talk to them from an open doorway. Step outside and close (and lock if possible) the door behind you. This is necessary because:

A) Anything they see through the open door is "plain sight" and may be the basis for an arrest, or probable cause for a search warrant.

B) If they make an arrest or even feel threatened they are usually permitted to search for weapons in your immediate area. Do you keep a baseball bat inside the door for your protection? Even if you don't, once they step inside to look, they are in your home and may continue to search.

C) It is hard not to be intimidated by someone in authority. Some animal control is even done by local police, who carry guns. It is easy for them to get "in your face", causing you to back up into the home. Once you go in, it will be interpreted as an invitation to follow.

If they claim to have a warrant, demand to see it.

In general, a search warrant must be signed by a judge. A warrant to search your home for dogs does not include an inventory of your jewelry box. A warrant to search your kennel in the garage or in the barn does not include a search of your home.

In some locations dog owners may have obtained special "breeder permits" that stipulate that Animal Control has your permission to enter at any time.

 If you have signed such a permit they still cannot enter against your wishes, since you can revoke the permission at any time. However, if you refuse permission it may allow them to cancel your breeder permit, so you have to weigh the consequences.

Warning - anyone in lawful possession of the premises may be able to give permission for a search, not a seizure or confiscation, unless evidence of a crime is openly observed by the law enforcement authority. Note:In many jurisdictions, Animal Control Authorities are “not” empowered with the authority of law enforcement, but they are not going to tell you that. Make sure your roommate, babysitter, dog-sitter, housekeeper and other know that they should not let animal control into your home or on your property (i.e. backyard, garage, etc.).

How to Handle Questions:

Don't answer any questions beyond identifying yourself for the officer. Anything you say to the officer in your defense cannot be used in court (hearsay). Anything you say that is harmful to you will be used in court (confessions are not considered hearsay). You cannot win, except by remaining silent.

Be polite but firm. Do not argue, bad-mouth, curse, threaten or try to intimidate the officer.

Do not lie to an officer, ever. However, it is NOT a lie to exercise your right to remain silent.

Keep your hands in plain sight. People have been shot by police when common objects, such as a wallet, were mistaken for a gun.

Do not touch the officer in any way. Do not physically resist an officer, no matter how unlawful his or her actions.

Don't try to tell your side of the story, it cannot help.

Do not threaten the officer that you plan to file a complaint for their actions.

If the questioning persists, demand to speak to a lawyer first.  Repeat as necessary.

Gathering the Facts:

Get the name and badge number of each officer involved. If he/she does not volunteer this information, ask.

Ask the name of the agency they represent. Different agencies have different enforcement responsibilities.

Ask why they are there. Request the factual basis of the complaint and the identity of the complainant.

If they have other people with them (Humane Society, press, etc.) get the names and organizations for all present.

Note the names (and addresses) of any witnesses to the encounter.

If you are physically injured by an officer, you should take photographs of the injuries immediately, but do not forego proper medical treatment first.

Write down all of the information, as well as the date and time of the incident immediately, while details are fresh in your mind.

If you rights are violated, file a complaint with the appropriate body.

If You Are Arrested:

Remain silent. Answer no questions until you have consulted with a lawyer.

Don't "explain" anything. You will have time for explanations after you have talked to a lawyer.

Within a reasonable time they must allow you to make a phone call to get a lawyer or arrange bail. They are not allowed to listen to your phone call to your attorney, but they may "monitor" the rooms for "your protection". Do not say anything you do not want them to overhear; save that until after you are out on bail.

Telephone Inquiries or Threats:

You may receive telephone inquiries concerning the number of dogs you own and whether any dogs or puppies are for sale. Other questions may also be asked.

Your response should be to inquire "Are you interested in a puppy?” If the answer is "yes", ask that person for his/her name, address and phone number. Suggest that you or a responsible breeder will contact that person at a more convenient time for you.

If the answer is friendly and genuinely inquisitive, invite the person to look at your puppies.

If the question asked is "What is the price of each puppy?” simply say that puppies of this type are being sold for between "X" and "Y" dollars. Never say that you are selling them.

If the question asked is "Are these your puppies?” you should ask, "Why do you want to know?”

If you conversation indicates that the people is representing the county clerk’s office or allegedly representing an official body, ask the caller for:

Full name, title and phone number

Agency's full name and full address

Their supervisor's full name and phone number

Nature of the inquiry (what it is about)

Why the inquiry is being made

How your name and phone number were obtained

Ask that all future questions from that agency be submitted in writing

Preventative Measures:

Always keep you home and kennel clean and take good care of your animals.

Consider a P.O. Box or other address for business cards and advertisements. Keep descriptions of your location general (i.e. Southern California, rather than the name of the city where you live). The internet can provide anonymity for initial contacts. You can even buy a "remote prefix" to get a number from a nearby community forwarded to your phone or to a voice mail. Avoid local newspaper classifieds, they are often monitored.

Do not disclose personal information about your pets and animals on the Internet. Animal Rights activists are always searching for new victims to progress the Animal Rights agendas upon.

Screen any potential puppy buyers carefully. Always be alert that they may be Animal Control or even Animal Rights working under cover.

Don't allow strangers into your home until you have screened them.

Be fair and honest in all of your dealings, and be on good terms with your neighbors. Most animal control contacts are complaint-driven. Some complaints may arise as harassment by people with unrelated grievances against you. It may be a disgruntled dog buyer or a cranky neighbor who doesn't like you parking in front of his house.

Anything about you that can be observed in "plain sight" from the street or sidewalk can become probably cause for a warrant. Even areas on your property open to visitors can be dangerous. Be aware of which areas of your home are visible from the outside and plan accordingly.

If you are confronted by Animal Control or Law Enforcement authorities and turn them away, assume they will be back. Use the time available to make sure everything is clean and presentable. If you are over the limit on the number of pets, find friends who can provide temporary shelter for your dogs.

Whatever you do, stay calm and keep your wits about you.

Just say "no", no matter what threats or promises of leniency they make.

When in doubt, say nothing and speak to a lawyer afterwards. Do everything in your legal right to “not” surrender your dogs, pets, and animals to an animal control authority or law enforcement authority until you can speak to an attorney, as there is legal animal case president law that can be potentially used, if you can get an attorney before the confiscation or seizure is accomplished. Never “sign any document” or authorization to change the custody of your animals over to Animal Control Authorities, without speaking to an Attorney first.

Article Legal Disclaimer: The information, the articles as a whole, or its links (posted, embedded or otherwise) are provided to give the readers more information on general dog-related or associated subjects and are not intended as legal advice. All individuals are urged to contact licensed attorneys in their states regarding specific legal issues.

 

Your Dogs and Cats Belong to You, Not the Government – Maybe!

Dogs, cats, pets and other animals have never been more a part of our lives than they are today. Even though nearly 45 million American homes have at least one canine or feline family member, dogs are being forced out of their homes by various dog ban legislation, dog taxing licensing, and dog law tyranny through the mandatory requirements for home owner’s insurance outrageous premiums as a result of legislation dog insurance mandates.

These mandated dog insurance policies are being pushed by various animal rights activist groups, and law making people who ‘buy into’ the local media ‘hype’ when a dog bite incident occurs on private property or in the community.

The erosion of our freedom to own dogs, cats, pets and animals, rings true of the current political climate in the USA Today. We the People who own dogs, cats, pets and animals are especially struck by the public’s statements concerning agreement or apathy towards all the various government licensing to include that of our dogs, cats, pets and animals.

 

Definition of Licensing and the Misconceptions:

Most people seem to believe that a dog or pet license is a freedom, when in true fact, it is a taking.

A license is a temporary, revocable permit issued by government that allows the holder to have something or to do something that is otherwise illegal. For example, in the USA the licensing of firearms has virtually removed our Second Amendment right to keep and bear arms.

Any time a license is issued, a freedom is jeopardized. By the very act of licensing dogs, the act of owning or even possessing a dog has been made illegal.

 

Animals are traditional property, now legally having “Intrinsic Value:”

Animals are human-kind’s most ancient and traditional property. Before ever we settled down to a plot of land and threw seeds in the soil, we numbered animals as our most valuable possessions. Wealth has always been associated with the number of animals that a person owned, and kept.

Now animal ownership, use, and the ancient, honorable practice of animal husbandry are under global attack by dog laws, animal ID laws globally. It was initiated by the animal “rights” movement, and adapted by local, state, and federal governments throughout the world.

 

A Dog’s life has ‘intrinsic value,” New York judge finds:

Finding that a dog “is somewhere between a person and personal property,” a New York trial court said a pet owner whose dog died following unauthorized surgery may seek damages beyond the purchase price of the animal. “[A dog] is not an inanimate thing that just receives affection; it also returns it,” the court wrote, citing Corso v. Crawford, 97 Misc. 2d 530 (N.Y., Queens County Civ. Ct. 1979).

 

Doing Away with Dog Ownership:

All the dog legislation, animal control laws, dog ownership licensing, animal breeder licensing and animal ID programs will effectively do away with all but the largest commercial breeders and providers. When the small traditional owner and holder have been the basis for our animals and economy world-wide, it soon will end with all animals owned being controlled through licensing of many types and behaviors, as well as the food we all eat for life will be controlled by the seed products being copyrighted through large commercial concerns like Monsanto, and those of us who have traditionally grown our own food or owned animals personally for various reasons will be locked out or the owners will be locked up literally, also known as “Jail” or animal shelters, etc.

 

A Cursory Review of Animal Care and Control Tyranny in Animal Law.

Around the country, banning pit bulls has become the most popular answer to the potential ‘dangerous dog’ question. Many states and the municipalities alike, just like Omaha, Nebraska, and Mills County, Iowa, have now implemented major animal care and control legislation and these areas like the rest of the country have jumped on the animal rights dangerous dog ‘ban’ wagon. In Mills County, Iowa if your ‘harmless’ dog escapes off your property three times, the County will designate your dog as a “dangerous dog.”

It doesn’t take a rocket scientist to realize this tyranny legislation is going to have a great economic hardship on the dog owner’s regarding pet licensing fees, and the home owner insurance premiums and even the dog, if the owner can no longer afford to keep the dog due to pet license fees, animal law fines, and potential confiscation and euthanasia of the dog. Additionally, a cursory review of the Mills County, Iowa animal care and control ordinance disclosed there is no lawful and constitutional ‘due process’ afforded in the legislation for proper hearings and testimony for the dog owner, before the county animal control authorities can ‘legally’ confiscate, seize or euthanize your dogs. Like Mills County, Iowa a vast majority of these ‘animal care and controlling’ dog ordinances and legislation ‘fail’ to implement any constitutional ‘due process’ what so ever in their animal control regulations. Instead these ordinances and legislation designate animal control authorities the ability to ‘make life altering judgments about your dogs, without fact or proven evidence’ to ‘label’ your dog as a ‘dangerous dog.’ Without any lawful and constitutional means of evidence or hearing to do so animal control can invoke search, seizure, confiscation, and euthanasia of your dog on private property without a criminal act having taken place.

These tyranny dog legislation and ordinances in all communities are insuring that any lawful attempt by you as good law abiding citizens to prevent access to your dogs on your private property can be overcome by animal control simply going to a magistrate and stating the owner refuses inspection access to their private property, in these tyranny animal ordinances. No evidence of a ‘crime’ need be presented to obtain a warrant to enter your private property anymore with this kind of tyranny in the legislation and ordinances. Good bye dog owners, if you resist, and goodbye to your dogs through fees, fines, confiscations, seizures, and dog euthanasia without any legal and proper constitutional hearing to prevent these ‘assassinations’ by animal control authorities nationwide. And if you manage to even get your confiscated dog back, it will cost you dearly, in fees, fines, RFID mandatory chipping, spay/neuter before they can be returned, license fees, and boarding for the animal, or you will ‘not’ get your dogs back from animal control and their humane society shelters. Essentially this is a ‘perverted’ legal maneuver for the county or municipality to ‘steal’ your dogs away from you, and sell them for a profit (as a rescue) while billing you for the expenses of the entire affair. The insurance companies making these dog ‘ban’ lists or ‘blacklists” of dog breeds may not be the direct ‘villain’ in these tyranny legislations, but they sure are playing directly into the hands of the law makers that are ‘mandating’ these tyranny insurance policies on owners of the newly designated ‘banned’ or designated ‘potentially dangerous’ dog breeds, which also include any ‘look alike’ dogs as well.

 

There are currently 75 restricted or banned dog breeds across the U.S. that are banned by various home owner insurance companies and Animal laws as follows:

 

1. AIREDALE TERRIER

2. AKBASH

3. AKITA

4. ALAPAHA BLUE BLOOD BULLDOG

5. ALASKAN MALAMUTE

6. ALSATIAN SHEPHERD

7. AMERICAN BULLDOG

8. AMERICAN HUSKY

9. AMERICAN PIT BULL TERRIER

10. AMERICAN STAFFORDSHIRE TERRIER

11. AMERICAN WOLFDOG

12. ANATOLIAN SHEPHERD

13. ARIKARA DOG

14. AUSTRALIAN CATTLE DOG

15. AUSTRALIAN SHEPHERD

16. BELGIAN MALINOIS

17. BELGIAN SHEEPDOG

18. BELGIAN TURVUREN

19. BLUE HEELER

20. BOERBUL

21. BORZOI

22. BOSTON TERRIER

23. BOUVIER DES FLANDRES

24. BOXER

25. BULLDOG

26. BULL TERRIER

27. BULL MASTIFF

28. CANE CORSO

29. CATAHOULA LEOPARD DOG

30. CAUCASIAN SHEPHERD

31. CHINESE SHAR PEI

32. CHOW-CHOW

33. COLORADO DOG

34. DOBERMAN PINSCHER

35. DOGO DE ARGENTINO

36. DOGUE DE BORDEAUX

37. ENGLISH MASTIFFS

38. ENGLISH SPRINGER SPANIEL

39. ESKIMO DOG

40. ESTRELA MOUNTAIN DOG

41. FILA BRASILIERO

42. FOX TERRIER

43. FRENCH BULLDOG

44. GERMAN SHEPHERD DOG

45. GOLDEN RETRIEVER

46. GREENLAND HUSKY

47. GREAT DANE

48. GREAT PYRENEES

49. ITALIAN MASTIFF

50. KANGAL DOG

51. KEESHOND

52. KOMONDOR

53. KOTEZEBUE HUSKY

54. KUVAZ

55. LABRADOR RETRIEVER

56. LEONBERGER

57. MASTIFF

58. NEOPOLITAN MASTIFF

59. NEWFOUNDLAND

60. OTTERHOUND

61. PRESA DE CANARIO

62. PRESA DE MALLORQUIN

63. PUG

64. ROTTWEILER

65. SAARLOOS WOLFHOND

66. SAINT BERNARD

67. SAMOYED

68. SCOTTISH DEERHOUND

69. SIBERIAN HUSKY

70. SPANISH MASTIFF

71. STAFFORDSHIRE BULL TERRIER

72. TIMBER SHEPHERD

73. TOSA INU

74. TUNDRA SHEPHERD

75. WOLF SPITZ

How’s that for scary? Are you as a responsible owner, of one of these dog breeds wide awake now? How about just owning a dog that looks like one of these restricted or banned dog breeds?

 

The disadvantages of dog “number limits” in homes by Animal Laws.

Dog owners in some communities face a limit on the number of pets they can own, but these limits, too, are counterproductive.

Laws that criminalize pet ownership based on numbers alone have been declared unconstitutional in some states because they do not address the need to control nuisances or provide for the health and safety of residents.

The Commonwealth Court of Pennsylvania, the state’s highest court, has declared such a law unconstitutional in that state, citing a precedent in Kadash v City of Williamsport:

“What is not an infringement upon public safety and is not a nuisance cannot be made one by legislative fiat and then prohibited….

 

“Even legitimate legislative goals cannot be pursued by means which stifle fundamental personal liberty when the goals can otherwise be more reasonably achieved.”

A dog or pet limit ordinance is difficult to enforce without increased presence of animal control or police agencies and often leads to a decrease in pet licensing to prevent cross-referencing of license records. If the law is enforced only upon complaint, it becomes just another law for people to circumvent and further erodes confidence in legislative bodies.

Numbers have no relationship to nuisances. A person with one dog that runs loose or barks all night is a greater nuisance than a person with a dozen dogs that are quiet, clean, and kept at home.

Limiting people to four dogs (or fewer) puts an unreasonable strain on people who raise show dogs, compete in performance trials, participate in canine rescue operations, foster dogs for service dog organizations, etc. and can lead to those responsible dog owners leaving the community.

A number limit causes dog deaths by forcing people to give up dogs they own, thus causing crowding in local shelters; denying people the opportunity to buy an additional dog from a shelter or a rescue; and adversely impacting rescue groups and foster homes that help find new homes for dogs whose owners cannot keep them.

 

Your Pet Belongs to YOU, Not the government!

Animal laws are not always a result of state and federal battles. Squabbles between neighbors often erupt over animals, squabbles that often spill over into law enforcement or animal control filed complaints to local governments.

As an emotional result the local government greases the squeaky wheel complaints by citizens with even more stricter ordinances or other tacked on to the zoning code or the criminal codes to existing animal ordinances.

Dog limit ordinances are often passed out of frustration, with little consideration for the consequences or valid and factual basis to make any “positive or constructive” benefit to the community dog complaints, other than a government official “feel good” action giving We the People even more tyranny in our local animal control ordinances.

You dogs, cats, pets and other animals are the victims, not just of irresponsible breeders and pet or animal owners but of the violence that pervades our whole society.

No one in Animal law considers the ‘Intrinsic value’ established by precedent setting lawful court cases that establish dogs as being more than just ‘chattel.’ No lawful ‘due process’ is included in the animal control legislation that meet a constitutional challenge. Rather these tyranny animal care and control laws are approved ‘knowing’ that virtually no one owning a pet, can sustain a lengthy and costly court battle to establish the ‘unconstitutional’ provisions within these tyranny animal care and control laws on the nation’s various law books.

As a consequence of all the Animal care and control laws being imposed, it now begs the question: Does your dog, cat, pet or other animals still belong to YOU, or the government?

 

How Does Due Process Apply to Dog Confiscation, Seizure and Euthanasia Cases by Animal Control Authorities? Why was “Due Process” not afforded to ASHLEY NICOLE MILLER? Ignorance of the law or lack of “Due Process” in the law is NO EXCUSE!

 

The following legal brief is a synopsis of the evidence of alleged illegal, illicit and immoral actions taken by Killeen, TX Animal Control Authorities and possibly their Law Enforcement Authorities Assisting, in Killeen, TX governmental alleged “WRONGFUL TAKING AND THEFT” of Ashley N. Miller’s dogs, pets, and animals WITHOUT LEGAL “DUE PROCESS” as established by Case Precedent in the Law (detailed in this article).

 

Ashley N. Miller’s dogs are still considered property in all legal jurisdictions today, due process, whether rooted in the federal or state constitutions, extends to life, liberty, or property. The more complicated issue, however, is how much process is due Ashley N. Miller?

The Supreme Court has promulgated a four prong test to determine this. In each situation, a court must weigh

 

A. the private interest affected by the official action

B. the risk of an erroneous deprivation of that interest through the procedures used,

C. the probable value of additional procedural safeguards, and

D. the government interest involved.

Mathews v. Eldridge, 424 U.S. 319, 335 (1976).

 

Due process requires the opportunity to be heard at a meaningful time and in a meaningful manner.

Rabon v. City of Seattle (Rabon II), 107 Wash.App. 734, 743 (2001) (citing Mathews, 424 U.S. at 333). Thus, when individuals can show they will suffer irreparable harm from a post-deprivation hearing, courts has recognized that a pre-deprivation hearing is necessary. In the case of orders to euthanize pets, many courts have considered the loss to the pet owner as irreparable.

 

Before the Hearing: Filing a Petition for a Preliminary Injunction

Dog owners should file a petition for an injunction to delay the killing of the dog until they have had the chance to be heard in court (For an actual example, see Petition for Preliminary and Permanent Injunction in the case of Wilson v. City of St. Louis (1990), which involved a Pit Bull named “Max” who was impounded and classified as dangerous because he allegedly killed the neighbor’s dog. The Circuit Court found that the plaintiff would suffer irreparable harm if the preliminary injunction was not granted and enjoined the city from killing or otherwise harming Max. The court ordered the city to release Max and change his dangerous designation to potentially dangerous.)

 

Overriding the Decision - Petition for a Writ of Mandamus

Due process includes more than just going through the motions of a hearing. In fact, even after hearings have been granted, decisions can be challenged as a prejudicial abuse of discretion that is not based on findings of fact or law. (This is what the owners of Boo, a bull mastiff who allegedly bit a child, argued in Williams v. Orange County Animal Control (1996)). In this case, owners should file a Petition for a Writ of Mandamus, a judicial remedy issued by a superior court to compel a government officer to do or forbear from doing a specific act, to delay the euthanasia order until the appeal can be heard. This writ of mandamus applies in any situation in which the euthanasia should be stayed, including scenarios in which an original hearing was never given.

 

Minimum Standards of Due Process for the Hearing

It is now also clear that hearings must meet certain minimum standards. Informal reviews that animal control agencies frequently provide upon the dog owners request often do not fulfill these requirements, because the decision-maker may not be qualified to render the judgment or may not be impartial if he also made the original decision to euthanize the dog. For example, in Phillips v San Luis Obispo County Dept., 228 Cal.Rptr. 101 Cal.App. (2 Dist., 1986), the owners of Missy, a black lab known to have a bad habit of biting children, contested the city’s decision to euthanize her. The amicus brief filed by Joyce Tischler of the Animal Legal Defense Fund pointed out the Municipal Codes at issue did not provide for the Animal Regulation Directors orders to be reviewed by the Chief Sanitarian of the County Health Department or the supervising environmental health officer, the two individuals who presided over the first and second hearings.

 

Challenges to the Ordinance Itself

In fact, many city ordinances are flawed in that they fail to specify that owners are entitled to hearings before their pets are euthanized. These municipal codes can be challenged as unconstitutional and, even if the city already granted hearings that met minimum due process standards, the decision to euthanize the pet would still have to be overturned. Otherwise, whether dog owners generally would receive due process would be at the whim of the animal control agency, and the city could avoid having to correct its municipal codes simply by voluntarily giving all dog owners a hearing. The court of appeals in Missy’s case agreed, concluding that the ordinances here are unconstitutional for failure to provide for notice and a hearing either before or after the seizure of an uncontrollable biting or vicious dog.

Most recently, in a landmark case, the court of appeals in Mansour v. King County, 128 P.3d 1241 (Wash.App. Div. 1, 2006) held that due process required even more than offering owners a hearing, ordering that an agency seeking to enforce a removal order must prove both the violation and the remedy it has imposed by a preponderance of the evidence. This is the same standard of proof imposed on the government when it attempts to temporarily remove a child from the custody of his parents. By instituting a burden of proof on the city, the court was essentially finding that the dog must be presumed innocent until the city can prove otherwise. Previously, there had been no standard of proof, and reviewing courts would only look to see if Animal Control had acted arbitrarily or capriciously. Thus, even the most minimal evidence that a dog should be removed would suffice, and owners would bear the burden of proving their pets innocent. Moreover, the court found that due process attached not only for orders to euthanize an animal, but also for orders of removal outside the county (Peter Mansour had been ordered to remove his dog from the county or turn his dog over to the city to be euthanized after his dog was accused of killing a cat).

Finally, the court held that due process required Mansour to have the ability to subpoena records and witnesses in his defense, and that the Notice and Order of Violation had to specify exactly what code provisions had been violated. Merely issuing a brief and concise description of the conditions for finding the violation is insufficient. Mansour was entitled to know ahead of time exactly what the County needed to prove at the Board hearing. If in fact it could not prove that Maxine violated a code provision that supported the removal order, he [Mansour] was entitled to know that in time to move for a dismissal at the Board level. Source Reference: Animal Legal and Historical Center.

 

Re-Interview of Ashley Nicole Miller

Pursuant to a miscarriage of justice that began on May 25, 2011. Ashley N. Miller contacted many organizations in regards to her case attempting to obtain help in defending a violation of her right to “due process” as described in the Constitution of the United States.  Ashley N. Miller’s reputation and character have been tarnished, by the very people who she was supposed to be able to trust to defend and protect her rights.

Ashley N. Miller has requested assistance from several organizations to assist with getting her dogs home and have been unsuccessful thus far.

As an Investigative Reporter, It disturbs me that as Ashley N. Miller am a Veteran of Operation Iraqi Freedom who served on various convoy missions and successfully protected our rights, freedoms and liberties as well as those of the citizens of Iraq that Ashley N. Miller is unable to find assistance in her case.

ASHLEY NICOLE MILLER “stands her ground” and once again has provided the following information as follows:

 QUOTE – I (ASHLEY) feel this has affected my reputation, my ability to obtain work, my income, and cost me my home. I would be greatly appreciative of any assistance you can provide to me in getting this matter resolved. I do not care about money, or publicity in regards to this case. In fact, no amount of money can replace my dogs that were taken from me as I would give my life for any of them just as I would any other member of my family. My animals are everything to me and I will do everything possible to get them home. I appreciate you are extremely busy, but please take me serious as this is very important to me. If nothing else, please just do this for my dogs and other dogs which are facing a similar fate. I am working on figuring out how to file a criminal complaint on each affiliation involved.

I am trying to get back the 5 dogs that were wrongfully taken from me. The dogs were sent to the following rescues:

Apollo – Heart of Texas Lab Rescue (Austin, Texas)

Koda – Texas Husky Rescue (Carrollton, Texas)

Phantom – Texas Husky Rescue (Carrollton, Texas)

Cowboy – Tails of Hope Pet Rescue (Waxahachie, Texas)

Scooby – Forever Homes Rescue (Kempner, Texas)

I have gone to great lengths and personal sacrifice to ensure the safety and safe return of my animals. As I am facing the gravity of false accusations and punitive actions I don't deserve. Your consideration of this matter and expedient resolution would be greatly appreciated. Most importantly, I am a veteran of the Iraq War.  I have fought for the right to protect the freedoms and liberties as defined in the United States Constitution, and I would hope that I can receive assistance in this matter to uphold those rights that I swore to defend.  – UNQUOTE

 

ASHLEY NICOLE MILLER’s LIFE and SAFETY is being actively threatened by “BULLY” vigilante’s on Facebook on the Internet

Ashley N. Miller’s reputation and character have been tarnished, by the very people who she was supposed to be able to trust, to defend and protect her rights of “Due Process” of law.

The information pertaining to the criminal accusations against Ashley N. Miller by both the City of Killeen, TX Police Department and Animal Control authorities have now subjected ASHLEY NICOLE MILLER to continuing and ongoing “venomous” threats to her life and safety, on many chat forums, social networks and Facebook pages on the Internet.  This is ongoing and escalating.

This Investigative Reporter has witnessed “FIRST HAND” comments on a Facebook page “targeting” negative information and appearing to solicit ongoing “BULLY” comments about ASHLEY NICOLE MILLER.  This Investigator observed commenters on this site who stated in the comment (threads,) essentially as follows: ASHLEY NICOLE MILLER hopefully has committed “suicide” over the New Year. Or to that effect.

 

Additional comments related to the ongoing “targeting” of ASHLEY NICOLE MILLER’s life and safety

Again, this Investigative Reporter has “FIRST HAND” observations of Facebook comments and has received private communications with SOURCE(S) which requested ANONYMITY.  Based on the information received from the SOURCE(S) this Investigator now opines  the threats, harassment and bullying of ASHLEY NICOLE MILLER are true and valid, potentially threatening her life, and safety.

Is there any law enforcement or justice system in Texas doing anything to protect her life and safety?  

In summary, ASHLEY NICOLE MILLER is being continually “TARGETED”, “BULLIED,” and “HARASSED” to the point that Ashley N. Miller is truly in fear of valid and ongoing “threats” to her life and physical harm.

This has forced Ashley N. Miller to remove herself and her remaining animals from the City of Killeen, TX and even the State of Texas as a whole, to a safer area to protect her from any other harm.  Ashley N. Miller fears for the safety of both herself as well as her animals.

 

STAY TUNED FOR PART 4 in this article series published originally at http://NationalDogPress.us/

"The truth is rarely pure and never simple." ~ Dean A. Ayers

###

Dean A. Ayers is a prior United States Air Force Special Agent for the AFOSI. His duties included that of law enforcement specialist, criminal, fraud, and counter-intelligence. He was assigned to felony crimes in federal government, fraud, waste and abuse investigations of the military branches of service, and counter-intelligence in overseas locations. Dean was also a former Texas State Commissioned Alamo State Park Armed Ranger.

Dean is currently Director, Animals C.L.U.B.- Freedom National Organization Incorporated (Nonprofit) and Dean is also a Lead Investigative Reporter for theNationalDogPress.us © and AnimalsClubFreedom.usnews press services.

 

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Posted by Dogpressorg on 01/02/2012 at 06:31 PM in Animal Law, Animal Rights, Articles by Dean A. Ayers, ASHLEY NICOLE MILLER, Current Affairs, Dog Law, Dog Owner “due process” is not contained in current Animal Law, EWOKS's for ASHLEY NICOLE MILLER - The Unlawful THEFT of Ashley N. Miller’s dogs without Legal “DUE PROCESS” by Killeen, Texas Authorities – SHAMEFUL!, The Unlawful THEFT of Ashley N. Miller’s dogs without Legal “DUE PROCESS” by Killeen, Texas , THREATS OF VIOLENCE rising against ASHLEY NICOLE MILLER, from Killeen, Texas , Weblogs | Permalink

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Posted by Dogpressorg on 01/06/2012 at 02:18 AM in Animal Law, ASHLEY NICOLE MILLER, Doggies "DELETE" Bullies Campaign, Founded 6 Jan 2012 by AnimalsClubFreedom.us, Dogs, The Impact of Animal Rights, Fanatics, Rescues, and Shelters on Animal Law and how this affects ASHLEY NICOLE MILLER’s dogs in Killeen, Texas, The Impact of Animal Rights, Rescues, and Shelters on Animal Law, THREATS OF VIOLENCE rising against ASHLEY NICOLE MILLER, from Killeen, Texas ,Weblogs | Permalink

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The Impact of Animal Rights, Fanatics, Rescues, and Shelters on Animal Law and how this affects ASHLEY NICOLE MILLER’s dogs in Killeen, Texas!

The Impact of Animal Rights, Fanatics, Rescues, and Shelters on Animal Law and how this affects ASHLEY NICOLE MILLER’s dogs in Killeen, Texas

Where is the “over-population” when dogs and cats are transported across state lines and imported from foreign countries to fill up animal shelters and rescues?

When people have their dogs, their love, their life, their freedom, their extended family of dogs, pets, and animals "STOLEN" from them, what else would you expect to happen. This is not a justification, this is "reality!"

By Dean A. Ayers

Lead Investigative Reporter

NationalDogPress.us © 

31 December 2011

Article 2 of an ongoing series

 

Ashley N. Miller’s dogs were surrendered to Killeen, TX Animal Control by someone who did not own them.

The saga begins In Killeen, Texas this year (2011). Animal Control Authorities never notified Ashley N. Miller of the impoundment of her pets. They knew that the person who surrendered her pets to animal control authorities was not the owner and they also knew who the dogs belonged to.

In turn, Killeen, TX Animal Control told Ashley N. Miller that she could not get her pets back without paying $2,400 and Animal Control Authorities in Killeen, TX also increased the rate on her dogs daily and did not offer a payment plan. They did this without a hearing, and without legally obtaining custody through a judge for Ashley N. Miller’s dogs.  No form of constitutional "Due Process" was given in regards to Ashley N. Miller’s dogs which are considered property under the law.

Killeen, TX Animal Control Authorities then sent Ashley's dogs to four known rescue organizations that are refusing to return them to her.  Ashley N. Miller is working on filing a petition against the city of Killeen; TX as well as suing the four rescues involved who have allegedly STOLEN her dogs without legal “Due Process.”. Ashley N. Miller has stated that the demand letters for the rescues to return her dogs have been sent from her attorney's office and received by the four separate rescues.  Ashley sincerely wants to help pass "Apollo's Law" through Congress to help prosecute those who wrongfully steal another person's property.  Ashley N. Miller states, “Every person who is arrested is entitled to "due process" and a protection of life, liberty and property as listed in the U.S. Constitution.” “If anything, the rights to what we are entitled to federally need to be defended freely and at no charge.”

These governmental entities and rescue organizations need to be held accountable for their illegal, illicit, and immoral dog and animal seizure actions without proper and legal “Due Process” just as anyone else would expect in law. Yet, Ashley N. Miller still continues to fight for her dogs STOLEN by Animal Control Authorities and various Animal (So-Called) Rescues.

This is the second article in the ongoing series of articles by this Lead Investigative Reporter in following the plight of Ashley N. Miller, from Killeen, TX in her desperate struggle to be re-united with her beloved dogs, pets and animals, STOLEN from her by government Animal Control Authorities, and subsequently RAVISHED in THEFT by several Texas Rescue Facilities.

 

Dog and animal "over-population stigma” is used as a marketing ploy for rescue and adoption industry to sell their agenda

If your job has already been axed by the bad economy or is about to disappear, people can often do desperate things in an attempt to compensate.

Why should animal shelters or animal rescues be any different; especially when a person considers what is happing inside these organizations, many of which are run by animal rights “fanatical” activists and major big dollar supported nonprofit groups? Some are so “fanatical” and “back-stabbing passionate” that they'd do nearly anything to keep their "rescue or humane society imperative" of their animal shelter/rescue agenda going. This information can assist in explaining why pet and animal "over-population stigma” is used as a marketing ploy for the animal rescue and adoption (for a fee) industry to sell their agenda about dogs and cats (rescued for a fee) as being their alleged heroic duty of serving rescued and adopted out dogs and cats.

Tell a family that the dog they're interested in is about to be destroyed by euthanasia due to "lack of space", and the deal to adopt is closed. Another dog is then shipped in to take its place as the needed “chattel product” of this high dollar big animal “shelter rescue and adoption (for a fee) industry and nonprofit business” nationwide.

After mulling over the phenomenally successful statistics of voluntary spay/neuter by the general public, the question needs to be asked; where are all the animal shelters/rescues getting their dogs? Regardless of the facts that most shelter dogs are adult dogs, sadly displaced for many reasons, like due to people moving to covenant-controlled homeowner associations and counties or cities with extreme “pet limit” laws, the numbers in shelters do not add up.

Obviously, shelters should be going “out of business” left and right since voluntary spay/neuter nationwide is so successful. After a cursory review of nationwide available statistics it appears that animal euthanasia numbers have been increasing for 20 years, especially to eradicate the “bully breeds” yet, "over-population" is the “mantra” still used by animal shelters and animal rescues favoring their animal rights agendas for furthering their fund-raising, donations, and adopting for a fee (selling) dogs industry to an ill-informed public.


Even the numbers of irresponsible breeding “puppy mills” are nothing like people think it is. The animal rights groups nationwide have succumbed to now including “responsible” dog kennels with more than 3 dogs in perfect care and control conditions as being labeled as “puppy mills” now in their propaganda, and additionally falsely labeling these pet owners also as HOARDERS. Considering the successful voluntary rate of spay/neuter nationwide, it is highly unlikely that accidental pet owner breeding and true defined “puppy mill” irresponsible breeding are filling up animal shelters/rescues to the extent that animal rights groups and animal shelters/rescues claim they are. However, a nationwide dog “chattel” product “for a fee” rescue industry (dog and cat rescues/adoptions) must come from somewhere.

  

Rescue/Adoption For a Fee – Animal Shelters and Rescues both Make a $$$ Profit threatening animals to be killed by euthanasia 

The general public and all pet and animal owners need to be aware that Animal Rightists lobby with local Animal Shelters and Animal Rescues as “cover.”

The illegal, immoral and illicit care, cruelty and unethical practices in the shelter/rescue industry are shocking.  And make no mistake, it is a BIG DOLLAR ($$$) rescue/adoption for a fee industry.  Many animal rescues and shelters have become some of the most profitable pet shops around that kill anything that does not bring top dollar; or is too much work to place in adoption programs for an adoption or rescue fee. To “give away” a dog or cat, is politically incorrect and unacceptable in their animal rights agenda “chattel” industry. The only Animal Rescue/Shelter agenda acceptable for an “unadoptable” (for a fee) dog or cat is euthanasia, heralded as being so humane.

Single Breed and Pure Bred Rescue organizations have a dreadful time getting pure bred dogs and cats out of the shelter for a fee industry system, simply because shelters/rescues exploit these pure breeds to increase sales and profits (in the hundreds of dollars for a single pure bred dog or cat). Sadly, the “lame stream” news media and general public have been willing to look the other way, always promoting the animal rights agenda “cause and effect” of these shelter and rescue illicit industry dog product “chattel” practices.

Why do some humane society shelters and rescues operate in this manner?

The answer is that many animal shelters and humane society agencies have become havens for Animal Rightists; shelters and rescues are exploited to spread propaganda, dog and cat "over-population" myths, and faulty statistics for marketing and donation receiving purposes. Shelters and Rescues naturally become a breeding ground for recruiting new uninformed members and animal rights activists. It's a natural, albeit unhealthy; fit to the animal rights adoption (for a fee)industry animal “chattel” agenda.

It is no wonder alleged dubious shelter/rescue operations are becoming an ever-increasing problem, importing dogs and cats to “over-populate” their agencies from out of state and foreign country animal sources. Thankfully, not all shelters/rescues are this way, but the public should be aware of what is going on. Both Animal Control Authorities and Law enforcement who enforce animal laws and many animal shelters/rescues “have had” their ethics compromised, if not downright corrupted. The end-result is that generally, shelter/rescue workers and animal control authorities and their animal law enforcement agencies assisting them are no longer a credible source for accurate animal care and control information or about proper and constitutional animal behavior and breeding of quality pets, especially when it comes to crafting pet and animal laws. (see “due process” case president law paragraphs below).

Animal Rightist propaganda would have us believe that animal abuses and cruelty are at “epidemic” levels in the general public of pet owner’s homes and small hobby or one time family animal breeders, or people who save or rescue a minimal but effective amount of dogs, cats, or other pets in their homes, not to mention that dog attacks most certainly receive sensational press coverage.

The lame stream media is only too happy to oblige any political opportunism by “animal rights lobbied” politicians, pro-animal control authorities, shelter/rescue agencies, and county or municipal law enforcement or government employees actively pursuing their own “Animal Rightist” agendas. Animal Rights designed animal laws and ordinances have become a means to an end, exploited at the expense of the loving pet owners, and independent animal rescue people in their homes; being made into criminals without “proper” and legal “due process” in animal law in our society and in the general public nationwide.

A major percentage of the nation’s animal population, dog attacks, dog fighting, and even animal cruelty and animal care and control or nuisance behavior complaints are rare when all the facts are allegedly disclosed nationwide.  As disturbing as these animal care, cruelty, and animal attack incidents are, they are not even close to being the rule... they are by far the exception. Thereby the Animal Rightists are utilizing the “exception to the rule” as an aggressive and nationwide opportunity to enact unconstitutional, intrusive, unethical, vague or illicit and immoral animal laws and animal ordinances in a horrendously distasteful and extremely dishonest manner of current and proposed animal law. 

When Animal Rightists write ordinances that “Sic” Animal Control Authorities, Animal Rightist Groups allegedly posing as Law enforcement (CA. PROP 2 laws enacting private nonprofit groups to act as law enforcement on private property) on animal owners and breeders via animal crating, care, control, licensing, pet-limits, and registration schemes in animal law, the very future of healthy well-tempered pets and animals is compromised. No breeding. No pure-bred animals. No healthy genetic stock. Hence, no more pets. No cats. No dogs. No nothing! Forever more! Except for the industry of rescue/shelter adoptions (for a fee).

The only way to prevent these unconstitutional, illegal, immoral, and illicit pet owner “confiscation and seizure” horrors from taking root in your own county and community is not to go there in the first place, in allowing these “perverted” animal laws and ordinances.  Again, only an open and active pet-friendly county and community create a fun and safe place to live with our pets and neighbors.  Animal Rightists, thru their BIG $$$ animal adoption and rescue industry (for a fee) are destroying our current animal laws in having any “common sense” or traditional, constitutional and “intrinsic value” for our dogs, cats, pets and animals in the law governing our private property.

A disconcerting trend is sweeping America in a lack of “due process” in Animal Laws

The Disconcerting TREND…Costly and destructive animal laws and ordinances being constructed solely by the Animal Rightists with their “lobbied” legislators at all levels of government. The reason stems from an all-out effort by Animal Rightist organizations, shelters, and rescues to lobby every single law maker or enforcer, to include the judicial judges and attorneys in every locale, township, county, city, and state in the U.S.A., Canada and even worldwide.  These Animal Rights Activists are searching out lawmakers and animal law enforcers to exploit and further their twisted and “perverted” agenda to destroy any authority or ability for a private property owner to legally retain and defend their pets and animals as their extended family.

It's hard to comprehend, but the leadership of the largest and most profitable "non-profit" lobbying Animal Rights organizations worldwide has an ambitious goal in mind: Destroying all usage and ownership of domestic animals. That includes, but is not limited to, abolishing pet ownership in every aspect of our society worldwide.

 

How Does Due Process Apply to Dog Confiscation, Seizure and Euthanasia Cases by Animal Control Authorities?

The following legal brief is a synopsis of the evidence of alleged illegal, illicit and immoral actions taken by Killeen, TX Animal Control Authorities and possibly their Law Enforcement Authorities Assisting, in Killeen, TX governmental  “WRONGFUL TAKING AND THEFT” of Ashley N. Miller’s  dogs, pets, and animals WITHOUT LEGAL “DUE PROCESS” as established by Case Prescedent in the Law (detailed below). 

Ashley N. Miller’s dogs are still considered property in all legal jurisdictions today, due process, whether rooted in the federal or state constitutions, extends to life, liberty, or property. The more complicated issue, however, is how much process is due Ashley N. Miller?

 

The Supreme Court has promulgated a four prong test to determine this. In each situation, a court must weigh

A. the private interest affected by the official action

B. the risk of an erroneous deprivation of that interest through the procedures used,

C. the probable value of additional procedural safeguards, and

D. the government interest involved.

Mathews v. Eldridge, 424 U.S. 319, 335 (1976).

 

Due process requires the opportunity to be heard at a meaningful time and in a meaningful manner.

Rabon v. City of Seattle (Rabon II), 107 Wash.App. 734, 743 (2001) (citing Mathews, 424 U.S. at 333). Thus, when individuals can show they will suffer irreparable harm from a post-deprivation hearing, courts has recognized that a pre-deprivation hearing is necessary. In the case of orders to euthanize pets, many courts have considered the loss to the pet owner as irreparable.

 

Before the Hearing: Filing a Petition for a Preliminary Injunction

Dog owners should file a petition for an injunction to delay the killing of the dog until they have had the chance to be heard in court (For an actual example, see Petition for Preliminary and Permanent Injunction in the case of Wilson v. City of St. Louis (1990), which involved a Pit Bull named “Max” who was impounded and classified as dangerous because he allegedly killed the neighbor’s dog. The Circuit Court found that the plaintiff would suffer irreparable harm if the preliminary injunction was not granted and enjoined the city from killing or otherwise harming Max. The court ordered the city to release Max and change his dangerous designation to potentially dangerous.)

 

Overriding the Decision - Petition for a Writ of Mandamus

Due process includes more than just going through the motions of a hearing. In fact, even after hearings have been granted, decisions can be challenged as a prejudicial abuse of discretion that is not based on findings of fact or law. (This is what the owners of Boo, a bull mastiff who allegedly bit a child, argued in Williams v. Orange County Animal Control (1996)). In this case, owners should file a Petition for a Writ of Mandamus, a judicial remedy issued by a superior court to compel a government officer to do or forbear from doing a specific act, to delay the euthanasia order until the appeal can be heard. This writ of mandamus applies in any situation in which the euthanasia should be stayed, including scenarios in which an original hearing was never given.

 

Minimum Standards of Due Process for the Hearing

It is now also clear that hearings must meet certain minimum standards. Informal reviews that animal control agencies frequently provide upon the dog owners request often do not fulfill these requirements, because the decision-maker may not be qualified to render the judgment or may not be impartial if he also made the original decision to euthanize the dog. For example, in Phillips v San Luis Obispo County Dept., 228 Cal.Rptr. 101 Cal.App. (2 Dist., 1986), the owners of Missy, a black lab known to have a bad habit of biting children, contested the city’s decision to euthanize her. The amicus brief filed by Joyce Tischler of the Animal Legal Defense Fund pointed out the Municipal Codes at issue did not provide for the Animal Regulation Directors orders to be reviewed by the Chief Sanitarian of the County Health Department or the supervising environmental health officer, the two individuals who presided over the first and second hearings.

 

Challenges to the Ordinance Itself

In fact, many city ordinances are flawed in that they fail to specify that owners are entitled to hearings before their pets are euthanized. These municipal codes can be challenged as unconstitutional and, even if the city already granted hearings that met minimum due process standards, the decision to euthanize the pet would still have to be overturned. Otherwise, whether dog owners generally would receive due process would be at the whim of the animal control agency, and the city could avoid having to correct its municipal codes simply by voluntarily giving all dog owners a hearing. The court of appeals in Missy’s case agreed, concluding that the ordinances here are unconstitutional for failure to provide for notice and a hearing either before or after the seizure of an uncontrollable biting or vicious dog.

Most recently, in a landmark case, the court of appeals in Mansour v. King County, 128 P.3d 1241 (Wash.App. Div. 1, 2006) held that due process required even more than offering owners a hearing, ordering that an agency seeking to enforce a removal order must prove both the violation and the remedy it has imposed by a preponderance of the evidence. This is the same standard of proof imposed on the government when it attempts to temporarily remove a child from the custody of his parents. By instituting a burden of proof on the city, the court was essentially finding that the dog must be presumed innocent until the city can prove otherwise. Previously, there had been no standard of proof, and reviewing courts would only look to see if Animal Control had acted arbitrarily or capriciously. Thus, even the most minimal evidence that a dog should be removed would suffice, and owners would bear the burden of proving their pets innocent. Moreover, the court found that due process attached not only for orders to euthanize an animal, but also for orders of removal outside the county (Peter Mansour had been ordered to remove his dog from the county or turn his dog over to the city to be euthanized after his dog was accused of killing a cat).

Finally, the court held that due process required Mansour to have the ability to subpoena records and witnesses in his defense, and that the Notice and Order of Violation had to specify exactly what code provisions had been violated. Merely issuing a brief and concise description of the conditions for finding the violation is insufficient. Mansour was entitled to know ahead of time exactly what the County needed to prove at the Board hearing. If in fact it could not prove that Maxine violated a code provision that supported the removal order, he [Mansour] was entitled to know that in time to move for a dismissal at the Board level. Source Reference: Animal Legal and Historical Center.

 

Animal Rescue and Fanatics Scream, “ARRESTED MEANS YOU’RE GUILTY,” where is the noose to hang the ARRESTED.  Answer: Hang the INNOCENT until proven guilty on Facebook.

Do I have evidence of this? YES! Let’s begin with a Facebook page, (Ashley Nicole Miller- Arrested for Cruelty to Animals Twice) allegedly created with the “Intent of Malice,” to create a “Defamation of Character” of ASHLEY NICOLE MILLER, based on one single issue.

ASHLEY was ARRESTED… there for, the Facebook creator(s) (who have COWARDLY hidden themselves behind a veil of secrecy) to this page, continue to falsely ATTACK the innocent of any conviction, as GUILTY, because the person was ARRESTED! How Ignorant and potentially criminally liable for Defamation of Character!

If that isn’t a vigilante hangman’s noose run by alleged Rescue or Animal Control fanatics, I don’t know what is! This public act of human hate and cruelty by COWARDS does an even more sinister trick to the people who legitimately RESCUE DOGS! It documents the hate of these fanatics and their ignorance of actual “due process” of  animal law which will destroy the  legitimate RESCUES, to their own ill-gotten gains, by ATTACKING people, INNOCENT until proven guilty, in a court of law.

In order to file criminal complaints against vigilante hangmen or hangwomen and any other assault of the innocent on the Internet. You can file your valid complaints of assault or attack, with the FBI's official online citizen complaint filing website for ANY Internet crime committed. You can file a HATE CRIME, Internet Libel, Defamation of Character, Computer Website False Information Report, etc. I suggest each person who has a valid complaint use this site and FILE their criminal complaint ASAP. You will receive an official FBI complaint file number, and can add additional information as needed to the initial complaint you file, for ANY Internet crime against YOU. This is not a joke. It is serious, when fanatical and hateful people make false, or fraudulent postings on the Internet, web pages on Facebook, etc. or even post on group blogs based on only one fact; the person was merely ARRESTED. A person can be arrested for anything that does not mean they are guilty in any sense of the word of law. Have these ignorant vigilante cowards forgotten the law? A person is INNOCENT until proven guilty by a jury of their pears in a court of law. Period.

 

F.Y.I. FOR THE RECORD and How to Contact the FBI about Internet Crime Complaints

Dean A. Ayers is a prior United States Air Force Special Agent for the AFOSI. His duties included that of law enforcement specialist, criminal, fraud, and counter-intelligence. He was assigned to felony crimes in federal government, fraud, waste and abuse investigations of the military branches of service, and counter-intelligence in overseas locations. Dean was also a former Texas State Commissioned Alamo State Park Armed Ranger. Dean is currently Director, Animals C.L.U.B.- Freedom National Organization Incorporated (Nonprofit) and Dean is also a Lead Investigative Reporter for the NationalDogPress.us Headline News ©, and AnimalsClubFreedom.us news press services.

Please use the FBI website link below, as needed.

http://www.ic3.gov/default.aspx

 

Interview with Ashley Nicole Miller

Pursuant to a miscarriage of justice that began on May 25, 2011. Ashley N. Miller contacted many organizations in regards to her case attempting to obtain help in defending a violation of her right to “due process” as described in the Constitution of the United States.  Ashley N. Miller’s reputation and character have been tarnished, by the very people who she was supposed to be able to trust to defend and protect her rights.

The information pertaining to the criminal accusations against Ashley N. Miller by both the City of Killeen, TX Police Department and Animal Control authorities have subjected Ashley N. Miller to death threats and physical harm. This has forced Ashley N. Miller to remove herself and her remaining animals from the City of Killeen, TX and even the State of Texas as a whole, to a safer area to protect them from any other harm. Ashley N. Miller fears for the safety of both herself as well as her animals.

Ashley N. Miller has requested assistance from several organizations to assist with getting her dogs home and have been unsuccessful thus far.

As an Investigative Reporter, It disturbs me that as Ashley N. Miller is a Veteran of Operation Iraqi Freedom who served on various convoy missions and successfully protected our rights, freedoms and liberties as well as those of the citizens of Iraq that Ashley N. Miller is unable to find assistance in her case.

 

Ashley N. Miller described the background information leading up to the alleged illegal, illicit, and immoral THEFT of her dogs, by Killeen, TX. Animal Control Authorities.

Ashley N. Miller stated her plight with Killeen, TX animal control authorities and other rescues in Texas to this Investigative Reporter as follows: 

QUOTE - Last year, my dog Apollo had been stolen from me and sold for money. After an extensive 2 ½ month search and over 2,500 miles of walking on foot I found him. The search did not end there. I was wrongfully arrested and my dog was left at the scene with the thieves who stole him. Upon my release, my dog was returned to me and the charges were dropped shortly thereafter. I chose to start a “search and rescue” to save dogs who were lost or stolen, neglected, abandoned, or abused based on the situation with Apollo. I did this all out of my own expense as I was still awaiting verification of my application to become a 501(c) 3 non-profit. I was referring to this network as KASR (Killeen Animal Search and Rescue). I have never hidden what I was doing in rescue from anyone. In fact, I made it very clear as to the mission of the rescue work I was doing through various forms of media networks as well as social networking. I have taken animals into my care and under my wing to help them recover from injuries as well as helping other organizations to rescue animals all over the world.

I was accused of committing Cruelty to Animals when I took in a puppy that had developed symptoms of “Parvo” shortly after his arrival in my home in January of 2011. I had performed C.P.R. on the dog to save his life as well as attempting to rehydrate him the night before his death. A person I had allowed to reside in my home accused me of killing the dog, when in fact I was doing the exact opposite.  Despite the fact that other roommates also verified that I was trying to save the dog, I still received a nasty call from the head supervisor of Killeen Animal Control, known as Stacie Sherva.  This resulted in the constant harassment of Animal Control coming to my home stating they had gotten complaints of dogs fighting in my backyard. Due to the harassment I received from Animal Control and a Detective in the Police Department, I made the choice to shut down my rescue and never continued the process of becoming an official non-profit.

On March 7, 2011, I adopted one of the cats I had rescued to someone for free provided they sign an adoption contract to ensure the cat was properly cared for due to the situation I had acquired him from. I had taken this cat into my home along with many others from someone who supposedly passed away. All of the cats in this woman’s home were sick and malnourished. I along with the volunteers who assisted in the rescue of these cats did everything we could do to help each and every animal. On March 21, 2011, I was interrogated for over half an hour by the Detective and Animal Control Officers assigned to a complaint over the cat that I had given away on March 7, 2011.  I denied them access to my home because I was on my way to work and did not have time to show them all of my animals, and to call my attorney. However, I had never denied them access to my home prior to that, and they had been coming to my house since mid-January. They persisted in speaking with me at which time I hit the record button on my phone. I explained to them several times that I had to be at work and that I would allow them in my home the next day because I had to go to work.

I did allow the Animal Control Officers to come to my home the next day on March 22, 2011.  I personally had called and invited them to my home.  A fight broke out between two of my dogs (Apollo and Koda) and I needed them to fill out a “bite report” as well as physically examine them to ensure they were ok. I also allowed them to go throughout my entire home and look at all the animals, of which I had done before. The cats in the home had their own room and the dogs were indoors and outdoors with my supervision of course. Several other visits were done on my home. The last visit I remember was on April 10, 2011 which was only 2 days prior to an illegal search warrant that was done on my residence April 12, 2011.

I complained to the Chief of Police in regards to this and he agreed that if I had allowed them access a warrant was unnecessary as I had always given them permission to enter my home. With the exception of the one time I was on my way to work. The reasons for granting the warrant was because the Judge was told that I had not allowed them access to my home. A warrant was issued for my arrest in the beginning of May in 2011 for the cat I had rescued from the home of the woman who died. I was released on bail and told that I had to pay a fee to get my animals out. I was told that they had been surrendered by the person I left in charge to take care of them; however that person denies that claim.  I paid for the animals I was able to pull and the others I was forced into surrendering. The estimated cost to reclaim my animals was approximately $850. According to Killeen Animal Control, the only thing that kept me from having my animals was money. It has never been stated that endangerment was their concern for returning any of my animals to me. I also received 27 tickets in the mail for city violations of which I am fighting in court as well; most tickets contain more than one charge.

I was forced into moving out of my home by my landlord (Steven Naser) because he told me that I wasn’t going to be allowed to bring my animals back home. He also authorized and told my roommates to throw my stuff out of the room I lived in and into the garage which resulted in the theft of some of my property as well as the destruction of most of my property. My landlord had agreed upon allowing me to move in to have animals and had never had an issue prior to my arrest. The landlord is also apparently friends with the Detective assigned to my case (Detective Parr). I was also informed by my landlord that Detective Parr had released information pertaining to my case to him.

I contacted someone (Tammy Duncan) who had asked me for help in assisting her to find her stolen dog last year and asked her if she would help me by giving myself and my pets a place to stay. I made the mistake of speaking about my case to her in detail. Although I was not aware of this at the time of moving in with her, she apparently has been medically diagnosed as having psychological disorders and is under several variations of medication that has been prescribed to her.

While living with her, Killeen Animal Control had received an anonymous call on May 25, 2011. The caller told the Killeen Animal Control that I had tried to neuter my dogs. Killeen Animal Control came to the home and I had to get permission for the owner to let them enter. Upon their entry, we looked at every dog and sure enough two of the 5 dogs that I own had their testicles tied with rubber bands. I explained to the Animal Control Officers at the scene that I had not done that to my dogs, and even called the Animal Trustees of Austin to schedule an appointment to take my dogs to Austin the next day for surgery. Shortly after the phone call, Detective Parr arrived at the home and took me to jail.

My cats and dogs were surrendered at the time of my arrest by the woman I was living with (Tammy Duncan), and I was never notified as to their whereabouts by the Animal Control Authorities upon their surrender. After several days of calling from jail to my roommate and several attempts from my family to get ahold of my roommate, she finally returned a call to my dad stating that Animal Control took the animals and that she was told she had to turn them over or they were going to take her to jail. My dad said that Animal Control told him that all of the animals were surrendered to them by Tammy who refused to watch them and that they were being held as evidence. They told him no amount of money could be paid to get them back.

When I got out of jail, I went onto the City of Killeen’s website for Animal Control and saw my cats posted online for adoption. I immediately called Killeen Animal Control and asked them why they were posted for adoption when I have never gone to trial and that my dad had stated they were being held as evidence. Stacie Sherva is the Shelter Manager and she had stated that they were initially told that they were being held as evidence, and that the City of Killeen had given them custody of my animals and authorized them to be released to rescue groups only. She also stated that I could get them back provided I pay them $2,400 and that the fee increases daily and there was no payment plan.  I was only able to come up with $660 to pull my cats, and the rest of my animals were sent off to rescue groups throughout Texas.

*I have never been convicted in a court of law and my rights to “procedural due process” as stated under the 5th and 14th Amendments of the Federal Constitution of the United States in regards to my dogs was violated.*

There was also the issue of the fact that no form of justification took place in regards to legal ownership in establishment of the rights to my dogs; precedent to them removing my dogs from the property, and sending them off to rescues.

I contacted Animal Control and asked them for information as to where my dogs were sent to and was told they did not have to tell me. I also informed them that upon my release from jail the second time that I had witnessed Tammy Duncan “tazing” her dogs and that I feared she would injure my dog Zeus (who she never surrendered). Stacie Sherva had stated she did not know if it was considered animal abuse because they do it to people. I also found out that Tammy had stolen the other stuff I had when I was in jail and lied to me stating that Animal Control had given her my dog. It took the work of Detective Dinwiddie of the Killeen Police Department to get Tammy to return my dog to me. Detective Dinwiddie was involved in the case with Apollo last year. Animal Control stated that they had not given her custody of my dog, that Tammy had agreed to watch Zeus and turned everyone else over to the pound.

I submitted an open records request to obtain the information as to what rescues my dogs were sent to as well as any and all information pertaining to all animals that I was forced into surrendering. Many of the ones I was forced to surrender were put to sleep and the others were sent to rescue groups. I also discovered within the report that they had come to pick some of my dogs up the day after I was arrested.  The only dogs who were taken at the time of my arrest were the two that needed medical care.  I found out from the report that another one of my dogs had been injured while I was still in jail and was transported to a vet clinic that same day.  That is when I made the presumption that I believe my roommate was the one who injured my dogs as their injuries were similar to the dogs that were taken to the vet the day I was arrested.  I tried reasoning with animal control on getting my dogs home and was unable to do so.

Meanwhile, I contacted and called every single rescue, shelter and foster home listed on the websites “petfinder.com” and “adoptapet.com” that were located in Texas by phone, and through email as well as “facebook.com”. Initially, two of the rescues I had contacted (Texas Husky Rescue and Heart of Texas Lab Rescue) told me they did not have my dogs and that they hadn’t pulled from Killeen Animal Control. After obtaining the open records request, I found out that the rescues had in fact lied to me and told me that they hadn’t received my dogs when they had. The other 2 dogs at the time were still in the shelter at Killeen.

I have tried contacting those rescues and begged them to give my dogs back to me, because if I would have had $2,400 I could have gotten all of my pets back, but I just didn’t have it. I was told that Heart of Texas Lab Rescue (HOTLABS or HOTLR) was going to start a smear campaign against me, that they had spoken with Killeen Animal Control (KAC) about my case, and that they weren’t giving my dog back to me. Texas Husky Rescue (TXHR) has refused to talk to me and threatened to sue me for libel for exposing the fact that they will not return my dogs and that they had lied to me about getting them in the first place.  Texas Tails of Hope Pet Rescue and Forever Homes Rescue are also refusing to give my dogs back to me.

I am being treated as guilty, and have been stripped of my property without ever being convicted in a court of law.  I can assure you I am not guilty. I would never cause harm or neglect any animal under my care. It goes against my nature and my beliefs. I have contacted The Humane Society of The United States, The Animal Legal Defense Fund, the national and local ASPCA and SPCA groups, and many other rescue organizations and Animal Rights groups. I have called the newspaper that ran the story in Killeen, the offices of both the Senator and Congressman of Texas, Attorney General’s office of Texas, and even gone so far as to write celebrities such as “Ellen” and “Oprah” in hearing my story as well as over 200 law firms.

I have been unsuccessful in getting anyone to hear my case. None of my pets are under the care of Killeen Animal Control, and have been sent to rescues throughout Texas. Every rescue has been talked to by the City of Killeen, and each rescue is refusing to return my dogs and some have placed them up for adoption. Several of my dogs are still being hidden and my greatest fear is that I will never get them home. I have come to find out that in rescue many people who feel like they are doing the right thing when in truth they are not.  I fear that is why these rescues are hiding and transporting my dogs to hidden areas as well as lying about the dogs. I also fear that they will make up something and state that they died or got lost or many other numerous lies to keep them from being returned.

I am trying to get back the 5 dogs that were wrongfully taken from me. The dogs were sent to the following rescues:

Apollo – Heart of Texas Lab Rescue (Austin, Texas)

Koda – Texas Husky Rescue (Carrollton, Texas)

Phantom – Texas Husky Rescue (Carrollton, Texas)

Cowboy – Tails of Hope Pet Rescue (Waxahachie, Texas)

Scooby – Forever Homes Rescue (Kempner, Texas)

I feel that if I do not do something I will never see my dogs again and I have suffered severe emotional trauma from this.  To include depression and stress that has affected my daily life. This has affected my reputation, my ability to obtain work, my income, and cost me my home. I would be greatly appreciative of any assistance you can provide to me in getting this matter resolved. I do not care about money, or publicity in regards to this case. In fact, no amount of money can replace my dogs that were taken from me as I would give my life for any of them just as I would any other member of my family. My animals are everything to me and I will do everything possible to get them home. I appreciate you are extremely busy, but please take me serious as this is very important to me. If nothing else, please just do this for my dogs and other dogs which are facing a similar fate. I am working on figuring out how to file a criminal complaint on each affiliation involved.

I have gone to great lengths and personal sacrifice to ensure the safety and safe return of my animals. As I am facing the gravity of false accusations and punitive actions I don't deserve. Your consideration of this matter and expedient resolution would be greatly appreciated.

Most importantly, I am a veteran of the Iraq War.  I have fought for the right to protect the freedoms and liberties as defined in the United States Constitution, and I would hope that I can receive assistance in this matter to uphold those rights that I swore to defend.  - UNQUOTE

 

Animal Rights Fanatical History Recalled

Hitler and the Nazi Party used animal rights propaganda and veganism to turn neighbor against neighbor and to vilify the Jewish people and their traditions and culture. 

Dr. Martin Hulsey once a research scientist in the Department of Foods and Nutrition, University of Georgia, noted "In Nazi Germany, practices such as vivisection were characterized as Jewish (by relating them to the ritual of kosher slaughter) and thereby vilified. Subsequently, reverence for the "rights" of animals was used to justify the oppression of Jewish people." The laws and accusation of vivisection were often used as a pretext to prosecute Jewish scientists. In 1940, a discussion was started within the administration about prohibiting pets, in order to conserve foodstuffs for human consumption. But personal interference by Hitler stopped this proposal. Ultimately a decree was published by the administration against pets, but it referred only to the pets in the possession of non-Aryan citizens.

On February 15, 1942, a decree was published prohibiting Jews from keeping pets, which the Jews found humiliating, writes Boria Sax in his book, Animals in the Third Reich: Pets, Scapegoats, and the Holocaust.

Merritt Clifton from Animal People News notes that Sax details the 32 'animal protection laws' adopted by Nazi Germany in only 10 years, demonstrating that many and perhaps most were really just thinly disguised cover for oppression of Jews, gypsies, and other minorities. The first two banned kosher slaughter; the last one barred Jews from keeping pets." 

Animal Rightists know full-well that they are not conservative main-stream. However, they've been successful in influencing the American lexicon with politically correct words such as "over-population,"  “puppy mill,” and “dog attacks.” With major financial support from Hollywood Animal Rightists and an ill-informed public donating money, to include the pet owners themselves, these Animal Rightists and their pro-bono activists and “spoon fed” people spread their animal law propaganda, and inaccuracies about dog behavior. Their legislative proposal packets, slides, videos, etc. are allegedly filled with phony studies, quack testimony, faulty statistics, and other materials that are sent to county, city and state councils or legislators all over the country under the guise of being a reputable source. Once again, the “lame stream” news and main stream press have been all too happy to oblige, publishing sensationalized stories which trump up the credibility of such a nonsensical agenda.

What is missing from these news stories is that these groups do not care one whit about animals, or the welfare of animals, or the health and longevity of pets and animals. This is alleged by the fact of main stream press coverage to the effect that animal rights groups such as PETA, HSUS, or other groups alleged to be saving animals publicly claim to be helping dolphins, whales, polar bears, wolves, or elephants in Africa, etc. but these same groups are allegedly and simultaneously lobbying an all-out assault to destroy any ownership or breeding of dogs, cats, and the family pet at home. This is just plain “evil.”

 

Do you know the difference between Animal Welfare and Animal Rights?

“Animal Welfare” is concerned with health, safety, quality of life, and the future of our animals.

“Animal Rights” views domestic animal ownership as "slavery" and seeks to destroy the domestic animal by whatever means necessary. The fastest and most effective way to accomplish this agenda is by using lawmakers to pass prohibitive animal laws, such as mandatory spay/neuter, or breed specific ordinances (BSL) which includes any dog or animal that even “looks like” a BSL breed whether it is or not, in actuality.

The Ends Justify the Means.  These abuses of “perverting” animal law are the sure result of the Animal Rightists campaign to wage death and destruction on our beloved dogs, pets and animals. Again, the "ends justify the means".

What exactly is the end result of these animal laws?

Power to Control We the People thru our dogs, pets, and animals. The ensuing corruption contained within the intent to “pervert” influence in the animal laws and animal ordinances aids Animal Rights Activists in the accumulation of wielding more power over the people and to establish a “war chest” of financial wealth thru the very destruction of dog, cat, and pet ownership in animal law thru fees, fines, confiscations, seizures and criminal citations. Using and exploiting lawmakers wherever they deem necessary, the Animal Rightist goal of achieving power and wealth at public animal owner expense is in full force.

Even when lawmakers pursue their own agendas, where animal ordinances are concerned, the lawmaker is still a pawn of these Animal Rightist lobbyists. Allegedly by means of having lawmakers being “bought and paid for” thru major financial contributions and donations or other “perks” to get the law makers to make animal laws, according to the agendas of the Animal Rightists.

Fighting Animal Rightist Ideology and helping County, City or State Councils to Properly Reform our “perverted” Animal Rightist Law Agendas, is The Moral of This Story:   The lesson to be learned by We the People is that by the time Animal Rightists have taken our counties, municipalities and states hostage and “their” perverted animal laws and ordinances pass, no one knows what has hit them until it is way too late to react with any authority to act.

Animal law and ordinances quickly “compromise the ethics” of Animal Control Authorities and the Law Enforcement agencies enforcing Animal Law with vague and confusing statutes and wordage in the law. These ruthless and irresponsible “perverted” animal law policies are most certainly not something that should have been introduced into animal law; let alone, considered, passed, and enforced by lawmakers and enforced by Law Enforcement. A majority of all these laws “ARE” Unconstitutional. However, it takes a major financial investment and good animal law attorney to be retained at a premium cost, to fight these “unconstitutional” animal laws, that have no “due process” and that is not something the majority of the people can afford to do. These Animal Rightist and lawmakers “know this” and bank on it.

 

If Anyone Doubts how Serious Things Have Become, Please Read the Following:

The alleged quotes by the Leaders and Activists within the Animal Rightists Movement…

• "Anybody who shoots a pit bull running loose is justified,'' Kory Nelson, Assistant City Attorney of Denver, CO, San Francisco Chronicle, Monday, June 27, 2005 (Known all over as Denver's "Dr. Death of Dogs")

• "We have no ethical obligation to preserve the different breeds of livestock produced through selective breeding. . . One generation and out. We have no problem with the extinction of domestic animals. They are creations of human selective breeding." Wayne Pacelle, Senior VP of Humane Society of the US, formerly of Friends of Animals and Fund for Animals, Animal People, May, 1993

NOTE: (Wayne Pacelle's initial training was similar to that of other PETA activists. Today he heads HSUS under the guise of "legitimacy". It is the largest and most profitable of the Animal Rightist lobbying organizations.

• "Pet ownership is an absolutely abysmal situation brought about by human manipulation." Ingrid Newkirk, national director, People for the Ethical Treatment of Animals (PETA), Just Like Us? Harper's, August 1988, p. 50.

• "As John Bryant has written in his book Fettered Kingdoms, they [pets] are like slaves, even if well-kept slaves." PETA's  Statement on Companion Animals.

• "We are not especially 'interested in' animals. Neither of us had ever been inordinately fond of dogs, cats, or horses in the way that many people are. We didn't 'love' animals." Peter Singer, Animal Liberation: A New Ethic for Our Treatment of Animals, 2nd ed. (New York Review of Books, 1990), Preface, p. ii.

• "Our goal: to convince people to rescue and adopt instead of buying or selling animals, to disavow the language and concept of animal ownership." Eliot Katz, President In Defense of Animals, In Defense of Animals website, 2001

• "It is time we demand an end to the misguided and abusive concept of animal ownership. The first step on this long, but just, road would be ending the concept of pet ownership." Elliot Katz, President "In Defense of Animals," Spring 1997

• "The cat, like the dog, must disappear... We should cut the domestic cat free from our dominance by neutering, neutering, and more neutering, until our pathetic version of the cat ceases to exist." John Bryant, Fettered Kingdoms: An Examination of A Changing Ethic (Washington, DC: People for the Ethical Treatment of Animals (PETA), 1982, p. 15.

• "My goal is the abolition of all animal agriculture." JP Goodwin, employed at the Humane Society of the US, formerly at Coalition to Abolish the Fur Trade, as quoted on AR-Views, an animal rights Internet discussion group in 1996.

• "Man is the most dangerous, destructive, selfish, and unethical animal on earth." Michael W. Fox, Scientific Director and former Vice President, Humane Society of the United States, as quoted in Robert James Bidinotto"

• "We are not terrorists, but we are a threat. We are a threat both economically and philosophically. Our power is not in the right to vote but the power to stop production. We will break the law and destroy property until we win." Dr. Steven Best, speaking at International Animal Rights Gathering 2005. The Telegram (UK) July 17, 2005.

• "Arson, property destruction, burglary and theft are 'acceptable crimes' when used for the animal cause." Alex Pacheco, Director, PETA

• "Our nonviolent tactics are not as effective. We ask nicely for years and get nothing. Someone makes a threat, and it works." Ingrid Newkirk, PETA's founder and president, US News and World Report, April 8, 2002

• "I openly hope that it [hoof-and-mouth disease] comes here. It will bring economic harm only for those who profit from giving people heart attacks and giving animals a concentration camp-like existence. It would be good for animals, good for human health and good for the environment. Ingrid Newkirk, PETA founder and president, ABC News interview April 2, 2001

 

So how do “We the People” take back our Constitutional Rights in Animal Law?

I have one last issue to make here. I documented facts in my FIRST article on quoted Legal Proven Prescedent setting Case Law, establishing the FACT that a complete lack of DUE PROCESS required by Law is not only, not present in Animal Law, but is intentionally disregarded, and not upheld, in order to VIOLATE A PERSON'S LEGALLY established RIGHT to Fair treatment under the law. I have Proven with the Case law, which Cites the exact president cases by name, and summary proving Animal Control and subsequently the Rescues conduct involved, is illegal, illicit, and immoral at a minimum. Do you have Legal Case Law, you can Cite to prove differently? If so, quit hiding in COWARDLY actions such as postings in various Internet blogs, and Facebook pages, and write an article with your true name on it, and publish it. Otherwise you only prove you are truly the criminal and committing criminal acts to justify your failures in allowing legal president to be upheld. Do I make my position as a writer independent of this MALICE clear folks? That is a statement, not a question. Read my series on these issues, in my present and upcoming articles. If you had any spirit of good in you, at all, which I sincerely doubt, this vigilante conspiracy and false accusations  ignorant of the law on your various pages of MALICE would be deleted ASAP. Are you of MALICE intent? Only time will tell the TRUTH!

Please read the FIRST article on ASHLEY NICOLE MILLER’s Plight to get her beloved dogs back from tyranny, titled: The Unlawful THEFT of Ashley N. Miller’s dogs without Legal “DUE PROCESS” by Killeen, Texas. A link to this article is provided below:

http://animalsclubfreedom.typepad.com/nationaldogpress/2011/12/the-unlawful-theft-of-ashley-n-millers-dogs-without-legal-due-process-by-killeen-texas.html

 

Have Courage to Defend Your Private Property, and Your Animals At All Costs

"Courage is not defined by a person's ability to speak their mind, yelling like a lion's bellow at authorities and lawmakers about proposed or enacted bad animal laws. Courage is an action of humility, putting one's cause of honor, before his/her life, to retain the freedom and liberty, which We as People, seek, from an honorable and just God to defend our pets and animals, from oppressive men and women in their secret combinations of Animal Rights law making agendas." ~ Quote Authored by Dean A. Ayers, NationalDogPress.us ©

 

TO BE CONTINUED – The Saga of alleged Animal Control "THEFT" and Rescue "UNLAWFUL TAKING" of dogs from Ashley N. Miller without “DUE PROCESS” of Law, in Killeen, Texas continues.

Ashley N. Miller is a war veteran whose dogs were wrongfully taken from her and “We the People” are fighting to get her dogs back home!  Please follow the series of articles on Ashley N. Miller and feel free to share this article with everyone world-wide and on the Internet.  Read Ashley's story and help these dogs come home.  Thank you and God Bless to each of you who help get the word out.

STAY TUNED FOR PART 3 in this article series published originally at http://NationalDogPress.us/

 "The truth is rarely pure and never simple." ~ Dean A. Ayers

 

###

Dean A. Ayers is a prior United States Air Force Special Agent for the AFOSI. His duties included that of law enforcement specialist, criminal, fraud, and counter-intelligence. He was assigned to felony crimes in federal government, fraud, waste and abuse investigations of the military branches of service, and counter-intelligence in overseas locations. Dean was also a former Texas State Commissioned Alamo State Park Armed Ranger.

Dean is currently Director, Animals C.L.U.B.- Freedom National Organization Incorporated (Nonprofit) and Dean is also a Lead Investigative Reporter for the NationalDogPress.us © andAnimalsClubFreedom.us news press services.

 

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"The truth is rarely pure and never simple."


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Posted by Dogpressorg on 12/31/2011 at 03:47 PM in Animal Law, Animal Rights, ASHLEY NICOLE MILLER, Dog Law,EWOKS's for ASHLEY NICOLE MILLER - The Unlawful THEFT of Ashley N. Miller’s dogs without Legal “DUE PROCESS” by Killeen, Texas Authorities – SHAMEFUL!, The Impact of Animal Rights, Fanatics, Rescues, and Shelters on Animal Law and how this affects ASHLEY NICOLE MILLER’s dogs in Killeen, Texas, The Unlawful THEFT of Ashley N. Miller’s dogs without Legal “DUE PROCESS” by Killeen, Texas , Weblogs | Permalink

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The "art" of evil in canine rescue and animal control authority!

The "art" of evil in canine rescue and animal control authority

-Commentary-

There's an old saying for good, and bad in canine lands - "The devil is in many types of rescue’s and their best friends."

If Satan wasn't around, these canine church cults of rescue (for a fee) "stealing" other owner's dogs, they would go out of business.

The same goes for many animal control authorities; under-cover animal rights (finking) activists, and their tyranny seeking unconstitutional animal law motives in humane societies, or whoever they might be.

They need to destroy, bully, belittle, and vilify, any innocent dog or pet owner because their “art” is evil; their “venom” of poison is like deadly snakes and their uneducated “name calling” challenges, only affect the meek; when their devil’s cult beliefs are “lashed” out upon the many innocent people "standing up" against these evil “satanic” rescue devils in canine clothing.

Because, I AM a vocal spokesperson against that kind of venomous activity, I am the devil to "THEM."

So let it be said, so let it be written.

By Dean A. Ayers, Director,http://AnimalsClubFreedom.us/

Posted by Dogpressorg on 01/15/2012 at 11:18 PM in Articles by Dean A. Ayers, ASHLEY NICOLE MILLER, The "art" of evil in canine rescue and animal control authority | Permalink

Digg This | Save to del.icio.us

 

The "art" of evil in canine rescue and animal control authority

-Commentary-

There's an old saying for good, and bad in canine lands - "The devil is in many types of rescue’s and their best friends."

If Satan wasn't around, these canine church cults of rescue (for a fee) "stealing" other owner's dogs, they would go out of business.

The same goes for many animal control authorities; under-cover animal rights (finking) activists, and their tyranny seeking unconstitutional animal law motives in humane societies, or whoever they might be.

They need to destroy, bully, belittle, and vilify, any innocent dog or pet owner because their “art” is evil; their “venom” of poison is like deadly snakes and their uneducated “name calling” challenges, only affect the meek; when their devil’s cult beliefs are “lashed” out upon the many innocent people "standing up" against these evil “satanic” rescue devils in canine clothing.

Because, I AM a vocal spokesperson against that kind of venomous activity, I am the devil to "THEM."

So let it be said, so let it be written.

By Dean A. Ayers, Director, http://AnimalsClubFreedom.us/

A Dog Named Scamp, Headed for the Pound - His Name is Now "Puppy!"

 

A Dog Named Scamp, Headed for the Pound; His Name is Now "Puppy!"

By Dean A. Ayers

Lead Investigative Reporter

NationalDogPress.us ©

 

I want to tell you a true story, about a dog named Scamp. I can assure you the facts of this story are true, as the dog named Scamp was born in my very own home, once upon a time, years ago.  I had only called my puppies by their generic name, calling the dogs, puppy.

My dogs over the years have been and are a very important and special part of my life. My dogs are truly my extended family of sorts, as all my human children who have grown up, and found their way. I live alone now; my dogs, and I, paws in hand, and vice versa helping each other to be happy, and always looking forward each day to the pursuit of happiness in this life, and hopefully the next as well.

My dogs are rarely mentioned by me personally, in any respect, out of respect for my private life, that is solely fulfilled by my dogs company, not having them for any other reason or motive. No money making schemes, breeding business goals, or any reason what so ever to make my dogs a public venue. They are, in fact, my family, whom I keep private. But I am compelled by this story to tell you all, about this dog, once mine, named Scamp.

A few years ago, I happened to have one litter of Lhasa Apso puppies, as my family of dogs, do spend a lot of joyful time together, and when the female Lhasa Apso came into season, I had a litter of puppies. Mind you, this did not happen very often, so I was very excited to see these new little creatures being born into this earthly world, and watch them grow, learn, and develop day, by day.

The newly arrived litter of puppies were so cute, that I truly adored the little puppies, and knowing that if I actually named them individually, I would be hard pressed to part with them. So I only called these beautiful little canine creatures by the generic name of puppy. But I always called Puppy each and every one, with heart felt attachment, emotion, and love, but knowing, the puppies would not be kept permanently by me. I would find them good homes.

At about 9 weeks of age of the puppies, I managed to find all the litter mates a good home. One by one, I said goodbye to each little living canine soul, born and raised in my home, and I turned each dog, I only named puppy over to its new family members. It was a hard thing to do, but the right thing for the puppies as well, and I was careful to find true families that wanted to love these puppies as much as I had. I did succeed, and pressed on in life with my own adult family dogs in life.

Now it is about a year later, and I received a very unusual telephone call. It was the owner of one male Lhasa Apso canine dog, named Scamp. The caller stated that he had to give up his dog named Scamp, a male Lhasa Apso dog, because of personal human medical reasons that could not be avoided, and that he was about to take his dog named Scamp to the animal shelter (I call it the pound). Scamp's owner told me that he had long ago lost my name and number on how to contact me, as I was the original owner of this dog as a puppy. The owner felt he had no alternative but to take the dog to the pound. However, by chance, by God, by whatever reason, maybe coincidence, or eternal intervention (your choice), the owner was surfing on the Internet, and found my Animals C.L.U.B.- Freedom web site, and recognized, that the Director of this site, was the original owner (me) of the dog named Scamp.

Scamp's owner immediately called me up and explained that by chance he had found me, and wanted me to know that he was en-route to the dog pound to give up Scamp his dog. The owner wanted to know, if I would be willing to take the dog, named Scamp back, as he recognized I was the original owner of this dog. Of course, I said yes, I would intervene to prevent this dog from going to the dog pound. I felt a responsibility of having allowed this dog to be born into this world, there for, I should also prevent the dog (long since gone) to be saved from being placed in a dog pound, potentially to die by Euthanizing if not adopted out in a reasonable period of time.

I drove that same day over an hour to get to the owner of Scamp. Mind you, this dog had only been with me, for its original 8-9 weeks of its life, and now it was a year later with no contact with me at all. Upon making contact with the dog Scamp, he was very scared to go near me, and quite frankly seemed to recognize that he (Scamp) was going on a one way trip as well. The hour long trip in the car with Scamp, went smoothly, but was hard on the dog Scamp, in that, he had just lost his owner of one year, and essentially his entire adult life to that point. Scamp was stand offish at a minimum and probably very stressed as well.

Upon arriving home with Scamp, I introduced him to my family of dogs, and needless to say, everyone in the house, was aware that a new dog was on the premises. I talked to Scamp for a little bit calling him by his name Scamp but the now adult male dog, still remained somewhat illusive, and cold being that I was actually now a stranger to the dog, after one year apart.

I looked at Scamp, and had recalled how this fine dog, had been just a little puppy in my midst once upon a time, and I called in that silly high pitched voice out to him "here puppy!" As God is my witness, that dog immediately halted its whines and whimpers, and looked directly at me, as if that dog had seen a long lost love of its papa. I again called to the dog, Puppy you are home, it’s me, do you remember me puppy?

In a split second, that dog, which I now call Puppy, burst into a joyful tail wagging free for all roll on the floor, and started barking in the most wonderful tone of affection that a dog can show. Puppy, fell at my feet, rolling upside down for me to rub his belly, and show me that he was being submissive to my attention, that he trusted me. It took nothing more, that the words and tone of my voice, in a memorable reunion of souls, by a simple but loving word used to describe this canine, I called as a 9 week old dog, puppy.

I have never at any time, questioned the validity, that animals, and especially dogs, are living beings with a soul. And after observing the intact memory of this dog, by the simple one toned word of affection, that I used, calling this dog “puppy” testified to me, that God does in fact take care of his flock, and that flock includes more than just people, it includes the dogs as well. Instantly puppy recalled his past as a puppy in my home, and he remembered me, by my voice, tone, and/or name puppy. I have never been so happy to see this puppy once again, now reborn again, not into an animal shelter, or dog pound to be potentially "put down," euthanized, but by eternal intervention (I call it) allowed "puppy" to be reunited with a loving owner, who cherished this dog, once upon a time, as a puppy. God does work in mysterious ways, even with dogs named puppy.

I can only say, what I have said before on Animals C.L.U.B.- Freedom, to explain this dog manner of having happy canine memories and a joyful reunion as follows:

Your Dogs

They are your friends, your partners, your defenders, your extended family, your dogs.
You are their life, their love, their leader.
They will be yours, faithful and true, to the last beat of their heart.
You owe it to them to be worthy of such devotion. 
Your extended family, Your Dogs.

This particular Lhasa Apso dog, happens now to be named, “Puppy” permanently. Scamp is no longer his name. A dog loved, and loving all the way thru. Just once a puppy at heart, but now a devoted canine friend, and once again family member, with every beat of his heart and now mine as well, forever more. MY DOG!

God bless the dogs, and all the puppies of this earthly world. You owe it to them to be worthy of such devotion.

### 

Animals C.L.U.B.- Freedom National Organization Incorporated (Non-Profit)

"The truth is rarely pure and never simple."


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Legal Disclaimer: The information, articles, or links (posted, embedded or otherwise) to the above postings are provided to give readers more information on general dog-related or associated subjects and are not intended as legal advice. All individuals are urged to contact licensed attorneys in their states regarding specific legal issues.
 
Copyright  © 2006-2012,  Animals C.L.U.B.- Freedom National Organization Incorporated (Non-Profit) Iowa 2009, NationalDogPress.us News, All Rights Reserved