Oklahoma Cockfighting Ban Still Tied Up In Courts

In November 2002, Oklahoma voters approved a ban on cockfighting in that state — but as of this writing, the ban remains unenforced and still the subject of a court challenge.

After the vote, cockfighting supporters went to court and obtained injunctions to prevent the enforcement of the new law in 27 of 77 Oklahoma counties. They challenged the law on a number of grounds, including that the language of the new law was unconstitutionally vague and that the ban on cockfighting would represent a taking which would require compensation to cockfighters.

In September, the Oklahoma Supreme Court turned rejected motions by the Oklahoma Gamefowl Breeders Association seeking to have the Supreme Court justices recuse themselves from hearing a request by state officials to consolidate a number of separate lawsuits challenging the ban and determine its constitutionality one way or the other.

Cockfighting supporters in Oklahoma believe the state supreme court is biased against them, going back to their earlier rejection of a challenge to the signatures obtained by anti-cockfighting groups to put the initiative on the 2002 ballot.

Larry Oliver, an attorney representing the Oklahoma Gamefowl Breeders Association, told Tulsa World,

In view of past rulings, we’re not the least bit surprised, but we are tremendously disappointed. The cockfighters have authorized me, at the proper time, to proceed to the United States Supreme Court.

That — like the future of cockfighting — seems like a long shot possibility at best.

Sources:

Cockfighting: State’s justices won’t exit the case. Marie Price, Tulsa World, September 9, 2003.

Oklahoma cockfighting ban faces legal challenges. American Veterinary Medical Association, April 15, 2003.

Washington Anti-Fur Initiative May be Challenged; Oklahoma Anti-Cockfighing Petition Rejected

A few weeks ago animal rights activists in Washington state successfully passed an initiative that not only bans the use of steel-jawed leg-hold traps, but also bans outright the sale of fur and certain poisons in the state. The Inland Northwest Wildlife Council is considering challenging the ban on fur and poison as unconstitutional. An initiative that Washington voters passed in 1999 was ruled unconstitutional because it tackled too many issues. The initiative approved this year went so far as to ban a poison, sodium fluoroacetate, which isn’t even registered in the state — anyone using it would be breaking the law already.

In Oklahoma, meanwhile, a petition drive calling for an initiative to ban cockfighting failed when the Oklahoma Gamefowl Breeders Association demonstrated that more than 40 percent of the petition signatures were invalid. By comparing the signatures on the petition to a statewide database of registered voters, a large percentage of the petition signatures were demonstrated to have been forged, registered more than once, or came from people not registered to vote in Oklahoma.

Sources:

I-713 violates constitution, council says. Fenton Roskelley, The Spokesman-Review, November 15, 2000.

Invalid signatures prove need for reform, cockfighters claim. Brian Barber, TulsaWorld.Com, November 15, 2000.