Cruelty site-help shut down
rac...@mailbox.bellatlantic.net
www.freespeech.org advocating *eating* companion animals such as dogs
and cats, especially those from shelters that do not charge and those
"free to a good home." I know it sounds ludicrous, but in the past he
has had his site kicked off several free webspace providers like
geocities.com, the globe.com and xoom.com.
Please consider writing to his ISP at webm...@freespeech.org - they
won't shut down a site no matter how offensive it is, but they will shut
it down if it violated Colorado or federal laws.
If sending an e-mail to the webmaster at www.freespeech.org, this guy's
ISP, you may wish to include the following Colorado cruelty statutes, as
freespeech.org clearly states that they will not host any site illegal
under Colorado law, and this site clearly advocates same. At worst,
they will take him off for a while, if only to check with their
attorneys before keeping him off. You may also wish to cite the federal
Animal Welfare Act.
=========
Colorado
18-9-202 - Cruelty to animals - neglect of animals -
offenses
(1) (a) A person commits cruelty to animals if he knowingly or with
criminal
negligence overdrives, overloads, overworks, tortures, torments,
deprives of
necessary sustenance, unnecessarily or cruelly beats, needlessly
mutilates, needlessly
kills, carries or confines in or upon any vehicles in a cruel or
reckless manner, or
otherwise mistreats or neglects any animal, or causes or procures it
to be done, or,
having the charge or custody of any animal, fails to provide it with
proper food,
drink, or protection from the weather, or abandons it.
(b) Any person who intentionally abandons a dog or cat commits the
offense of
cruelty to animals.
(2) (a) Cruelty to animals is a class 1 misdemeanor.
(a.5) (I) (A) In addition to any sentence imposed upon a person for
violation of any
criminal law under this title, any person convicted of committing
cruelty to animals
pursuant to subsection (1) of this section, the underlying factual
basis of which has
been found by the court to include the knowing or intentional torture
or torment of an
animal which needlessly injures, mutilates, or kills an animal shall
pay a surcharge of
up to four hundred dollars to the clerk of the court in the county in
which the
conviction occurs or in which a deferred sentence is entered. Each
clerk shall
transmit the moneys to the court administrator of the judicial
district in which the
offense occurred for credit to the fund.
(B) This subparagraph (I) is repealed, effective July 1, 2001.
(II) In addition to any sentence imposed upon a person for
violation of any criminal
law under this title, any person convicted of committing cruelty to
animals pursuant
to subsection (1) of this section, the underlying factual basis of
which has been found
by the court to include the knowing or intentional torture or torment
of an animal
which needlessly injures, mutilates, or kills an animal, may be
ordered to complete
an anger management treatment program or any other appropriate
treatment
program.
(III) The court may order an evaluation to be conducted prior to
sentencing if an
evaluation would assist the court in determining an appropriate
sentence. The person
ordered to undergo an evaluation shall be required to pay the cost of
the evaluation,
unless the person qualifies for a public defender, then the cost will
be paid by the
judicial district. If the evaluation results in a recommendation of
treatment and if the
court so finds, the person shall be ordered to complete an anger
management
treatment program or any other treatment program that the court may
deem
appropriate.
(IV) Upon successful completion of an anger management treatment
program or
any other treatment program deemed appropriate by the court, the court
may
suspend any fine imposed, except for a five hundred dollar mandatory
minimum fine
which shall be imposed at the time of sentencing.
(V) In addition to any other sentence imposed upon a person for a
violation of any
criminal law under this title, any person convicted of a second or
subsequent
conviction for any crime, the underlying factual basis of which has
been found by the
court to include an act of cruelty to animals, shall be required to
pay a mandatory
minimum fine of one thousand dollars and shall be required to complete
an anger
management treatment program or any other appropriate treatment
program.
(VI) Nothing in this paragraph (a.5) shall preclude the court from
ordering
treatment in any appropriate case.
(VII) This paragraph (a.5) does not apply to the treatment of pack
or draft
animals by negligently overdriving, overloading, or overworking them,
or the
treatment of livestock and other animals used in the farm or ranch
production of
food, fiber, or other agricultural products when such treatment is in
accordance with
accepted agricultural animal husbandry practices, the treatment of
animals involved
in activities regulated pursuant to article 60 of title 12, C.R.S.,
the treatment of
animals involved in research if such research facility is operating
under rules and
regulations set forth by the state or federal government, the
treatment of animals
involved in rodeos, the treatment of dogs used for legal hunting
activities, or to
statutes regulating activities concerning wildlife and predator
control in the state,
including trapping.
(b) In the case of any person incurring a second or subsequent
conviction under the
provisions of paragraph (a) of this subsection (2), a sentence of
imprisonment within
the minimum and maximum terms shall be mandatory and shall not be
subject to
suspension, nor shall such person be eligible for probation or parole
for any part of
such period. A plea of nolo contendere accepted by the court shall be
considered a
conviction for the purposes of this section.
(3) Nothing in this part 2 shall be construed to amend or in any
manner change the
authority of the wildlife commission, as established in title 33,
C.R.S., or to prohibit
any conduct therein authorized or permitted.
The federal act's relevant portion is essentially this:
=============
(7 U.S.C. §§ 2131 et. seq.)
Section 1. (a) This Act may be cited as the "Animal Welfare Act".
(b) The Congress finds that animals and activities which are regulated
under this Act are.... in order--
(1) to insure that animals intended for use in research facilities or
for exhibition purposes or for use as pets are
provided humane care and treatment; (snip)
>The site is at
> > http://www.freespeech.org/DELETED
(the location of the site is deleted so that people don't encourage this
guy by hitting the site to see how bad it is - I made the mistake of
posting it in another group and was corrected on that)
--
Stop animal abuse. Start here.©
http://www.geocities.com/Petsburgh/4433/index.html
mrb...@nospam.com
somebody like you makes it VERY clear. now i guess you track me
down for termination?
On Wed, 15 Sep 1999 01:32:33 GMT, rac...@mailbox.bellatlantic.net
wrote:
Messalina
<rac...@mailbox.bellatlantic.net> wrote in message
news:37DEF5F2...@mailbox.bellatlantic.net...
> Someone calling himself "Brother Ellis" has put up a website at
> www.freespeech.org advocating *eating* companion animals such as dogs
> and cats, especially those from shelters that do not charge and those
> "free to a good home." I know it sounds ludicrous, but in the past he
> has had his site kicked off several free webspace providers like
> geocities.com, the globe.com and xoom.com.
Sounds like the sole purpose of his site is to attract just the sort of
reaction your espousing. Haven't you learned that many people online thrive
on negative attention?
>
> Please consider writing to his ISP at webm...@freespeech.org - they
> won't shut down a site no matter how offensive it is, but they will shut
> it down if it violated Colorado or federal laws.
Pardon me, but did you read the addy you posted? "freespeech" is the
significant portion.
M.
>