Petition Closed

Amending the resolution against Pit bulls on the Fort Peck Indian Reservation.

This petition had 803 supporters


PETITION
FORT PECK ASSINIBOINE AND SIOUX TRIBES INDIAN RESERVATION

PREAMBLE

We, the members of the Fort Peck Indian Reservation, recognize the injustices of our past; honor those who suffered for justice and freedom in our land; respect those who have worked to build and develop our Reservation; and believe that the Fort Peck Indian Reservation belongs to all legally enrolled members, united in our destiny.

We therefore, through our Constitutional Right, petition the Fort Peck Assiniboine and Sioux Tribal Council to amend the policy that authorizes the Tribal Health Animal Control Specialist to tranquilize and kill dogs at-large without due process.

We pray to heal the divisions of the past and establish a society based on democratic values, social justice and fundamental human rights;

·       Lay the foundations for a more democratic and open society in which government is based on the will of the people and every member’s property is equally protected by law;

·       Improve the quality of humanity for social capital on the Fort Peck Indian Reservation; and

·       Build a united and democratic Fort Peck Indian Reservation able to take its rightful place as a sovereign nation in the family of nations.

God protect the Fort Peck Assiniboine and Sioux Tribes.


PURPOSE

PETITION TO AMEND THE FORT PECK TRIBES’ TRIBAL HEALTH POLICY THAT ALLOWS THE TRIBAL HEALTH DOG CONTROL SPECIALISTS AUTHORITY TO EUTHANIZE OR SLAUGHTER AT-LARGE WITHOUT ATTEMPTING TO CONTACT THE OWNERS FOR DUE PROCESS.

THEREFORE

We PETITION to enjoin all agencies that administer this law to collaboratively transform it into a workable policy tool designed to benefit law abiding, responsible dog owners alike and to be implemented in such a manner as to respect the laws of humanity and the rights of our Tribal Members.

Specifically, we PETITION that demands the preservation, not the destruction, of the individual family pet dog management responsibility, destroying property meaningfully interferes with an individual's possessory interest in that property. The family pet dog responsibility, just like the family farm, ought to be supported not destroyed by our public institutions.

We PETITION and acknowledge that dogs are poor, defenseless beings who cannot speak out for their own protection. That’s why it is so important that the Fort Peck Tribes stand up to protect them on the Reservation by setting up a registry of known animal abusers. 

We PETITION and recognize that like child abusers and sex offenders, those who abuse and neglect animals should face serious, lifetime consequences. To prevent serial animal abusers from repeatedly victimizing vulnerable creatures that effect all dog owners, the Fort Peck Tribes need to create an incarceration and monetary fines policy for animal abusers. But to be most effective, such a policy needs a Reservation education process.

We PETITION and also demand that the Dog Control Program be administered on the basis of a true multi-species management plan that incorporates the dictates of humanity, a model that rules natural trained dog relationships among all living beings.

We PETITION to alarm the Fort Peck Tribes that the present approach is neither aligning Federal strategy in supporting family rights and property protections with family pet operational practices (as proposed) nor effecting any demonstrable environmental benefit. However, it is providing political interests and speculative anti-dog stakeholders with opportunities to succeed in marginalizing members rights at the expense of Tribal budgets.

REFERENCE 1. This PETITION arises out of several dog shooting incidents on the Fort Peck Indian Reservation. In each incident, a Fort Peck Tribal Health Dog Control Specialist shot and killed one or more dogs that were running at large. The owners per this PETITION, alleging that the Dog Control Specialists' actions violated their due process and their Fourth Amendment rights. This issue, while ostensibly peripheral as a constitutional matter, is nevertheless of significant importance, and we consider it in depth.

We PETITION and illustrate that the dogs at issue in this case do qualify as property protected by the Fourth Amendment and that the Fort Peck Tribal Health Dog Control Specialist’s Gordo Meserly and Troy Brown seized that property.

REFERENCE 2.  DYLAN YOUPEE family claim that Fort Peck Tribal Health Dog Control Specialist’s Gordo Meserly and Troy Brown violated their constitutionally secured right to be free from unreasonable governmental seizures of their property.  The Fourth Amendment to the United States Constitution, made applicable to the states by the Fourteenth Amendment, provides that “[t]he right of the people to be secure in their persons, houses, papers, and effects, against unreasonable searches and seizures, shall not be violated․” The people's “effects” include their personal property.   See United States v. Place, 462 U.S. 696, 701, 103 S.Ct. 2637, 77 L.Ed.2d 110 (1983) (detention of luggage held to be a Fourth Amendment seizure).   A Fourth Amendment “seizure” of personal property occurs when “there is some meaningful interference with an individual's possessory interests in that property.”   United States v. Jacobsen, 466 U.S. 109, 113, 104 S.Ct. 1652, 80 L.Ed.2d 85 (1984).   Destroying property meaningfully interferes with an individual's possessory interest in that property.   See id. at 124-25, 104 S.Ct. 1652.   The destruction of property by Tribal Health officials poses as much of a threat, if not more, to Fort Peck Tribal member’s right to be ‘secure in their effects' as does the physical taking of them. Fuller v. Vines, 36 F.3d 65, 68 (9th Cir.1994). The YOUPEE’S had a possessory interest in their pet. It necessarily follows that these dogs (Otis, Mary and Gramma) was property protected by the Fourth Amendment and that Dog Control Specialist’s Gordo Meserly and Troy Brown’s destruction of them constituted a Fourth Amendment seizure.   Accordingly, we acknowledge various courts of appeals in holding that the killing of a person's dog by a law enforcement officer constitutes a seizure under the Fourth Amendment.  Fuller, 36 F.3d at 68; Lesher v. Reed, 12 F.3d 148, 150-51 (8th Cir.1994).

We PETITION that all Dog Control Specialists should be evaluated for mental competencies of slaying animals and undergo periodic drug testing because of their acquired stress levels as a Tribal Health Employee.

We PETITION that this action against family pets have a life lasting effect and families who suffer from this type of trauma should be provided Tribal Mental Health Services and aftercare copping programs.

Lastly we PETITION the Fort Peck Tribal Council that as tribal members we understand being angry, but violence does not beget violence. You have to look to the origins of this. Dogs are not “evil”, they are taught the wrong thing, which unfortunately leads to animal cruelty. Instead of just causing more suffering, how about working to change things such these barbaric actions in a civilize society.

Signatures please indicate if you are Tribal or non-Tribal.



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