FOR IMMEDIATE RELEASE:
Illinois Law Banning Horse Slaughter
Upheld in Federal Court
Rockford, Ill. (July 5,
2007) – US District Court Judge Frederick Kapala rendered
a decision today against Cavel International, the last remaining
horse slaughter plant in the US. Judge Kapala was not persuaded
by the plant’s attempt to declare a recently enacted Illinois law
making it a crime to slaughter horses for human consumption
unconstitutional.
On May 25, 2007, Cavel had filed
suit in federal court challenging the enforceability of Illinois’
law banning horse slaughter. In early June, Judge Kapala granted
Cavel a temporary restraining order, preventing the state from
prosecuting the slaughterhouse under the law. He subsequently
extended that protection for 10 business days but then denied any
further injunctive relief to Cavel on June 25, 2007. Judge Kapala
did not believe he had jurisdiction to make any further
determinations on the merits of this case due to an appeal pending
in the US Court of Appeals for the 7th Circuit. However, on July
3rd, the 7th Circuit ordered Judge Kapala to proceed on Cavel’s
request for further injunctive relief and with a final decision on
the merits of the case.
Judge Kapala analyzed Cavel’s
arguments that the Illinois state law is preempted by the Federal
Meat Inspection Act, a violation of the Commerce Clause, and a
violation of the state’s police power. In rendering his decision
against Cavel he found that the slaughterhouse “failed to
demonstrate any constitutional infirmity” in the state law.
“We are very pleased to have a
federal court ruling that upholds the constitutionality of
Illinois’ state law banning horse slaughter,” said Tracy
Silverman, an attorney with the Animal Welfare Institute (AWI).
“This decision is one more important victory on the road to
banning horse slaughter in America once and for all.”
Attorneys for Cavel International
may appeal the decision to the Court of Appeals. However, today’s
ruling means that the doors remain shut on the slaughter plant,
sparing the lives of thousands of America’s horses.
AWI is being represented in this
matter by the nationally renowned law firm of Patton Boggs.
The Animal Welfare Institute,
founded in 1951, is a non-profit organization dedicated to
reducing the sum total of pain and fear inflicted on animals by
humans. AWI's legislative division, the Society for Animal
Protective Legislation (SAPL), is leading the national campaign to
end horse slaughter and advocating passage of the American Horse
Slaughter Prevention Act. For more information, please visit
www.awionline.org and
www.saplonline.org.
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CONTACT:
Tracy Silverman, AWI (703) 836-4300
Chris Heyde, SAPL (703) 836-4300