Edinburg Ordinances v. Hoffman's Cats

Since much is being made of the Hoffman/Lulling case from Edinburg, I think it appropriate to address this separately.

Edinburg’s Animal Regulation ordinances are in Title IX, Chapter 91 of their City Ordinances.  §91.01 contains a nominal set of definitions.  Dog is defined but it doesn’t even bother to give a definition for “cat”.  Chapter 91 requires dogs to be licensed.  No other animals require licensing AT ALL.  Livestock and fowl are permitted (except for swine which have been prohibited since at least 1926) so long as they are kept 300 feet from habitations and their areas kept reasonably clean.  The only reference to “dangerous” animals has to do with dogs and only dogs.

Poisonous reptiles and “dangerous wild animals” became prohibited by ordinance passed on March 17, 2009.  In order for that to pass constitutional muster and avoid being an ex post facto law, Hoffman’s animals would have to have been grandfathered in.

Ms. Hoffman had moved to Marion County a few weeks ago after being kicked out of Edinburg for the same thing. According to an article published on 911animalabuse.com…  The two had also failed to register their animals with the city, state and U.S. Department of Agriculture by a city-imposed deadline.”  Edinburg certainly had no business whatsoever issuing a deadline given the ordinances in effect and applicable to these animals.  Per the ordinances, the big cats would have been livestock and not subject to licensing or registration with the City of Edinburg.  Edinburg alleging the animals were dangerous based upon species alone is absurd and quite similar to the broad irrational brush being applied to Pit Bull dogs these days.  It is pure and simple fear mongering, something a government has no business participating in.

I have yet to find a single allegation that these animals have harmed anyone and we all know that THOSE cases always make BIG headlines.

It is unfortunate that the district judge chose to put procedure above substantive law, especially due process.  And Robin Y. Richardson at the MarshallNewsMessenger.com should be seeking out better sources than “911animalabuse.com” and use a tiny bit of critical reasoning in evaluating sources.  Have you heard of the Way Back machine Robin?  It’s on my link page if you need it (and clearly you do).

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