Oppose SB 1520

September 9, 2004

Rose,

What are you doing asking people to oppose SB1520!!!!

I’m really upset you are advocating this position.

Kate

on 9/8/04 2:48 PM, Rose Lernberg at lernberg wrote:

Please note: This alert is produced by Rose Lernberg and is no longer in any way affiliated with or endorsed by The Fund for Animals. The position listed below does not reflect the position of The Fund for Animals. For information on The Fund for Animals' positions on legislation, please visit www.fund.org.

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Please Note:

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Please contact Governor Arnold Schwarzenegger and ask him to veto SB 1520. Tell him that Sonoma Foie Gras is the only beneficiary of this amended bill, which not only legalizes the procedure of force feeding ducks until July 1, 2012, but also immunizes Sonoma Foie Gras from any civil or criminal actions based on forced feeding during that time.

The Governor has until September 30 to act on this bill. Letters are preferable. It is very difficult to access the fax line.

Governor Arnold Schwarzenegger

State Capitol Building

Sacramento, CA 95814

Fax: 916-445-4633

You can also phone: 916-445-2841 and express your opinion on SB 1520 in an automated message.

Press 2 to voice your opinion on legislation,

Then press 4 to comment on SB 1520,

Then press 2 to oppose the bill.

Or you can e-mail the Governor at http://www.govmail.ca.gov/

Scroll down and choose " Force fed birds.\SB01520 " as your subject.

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Briefly, here is my perspective on SB 1520:

You may have noticed that I showed no position on SB 1520 on my alert for many weeks. I greatly admire Senator Burton. But the time has finally come when, based on my 25 plus years experience working on state legislation as a volunteer, I can not in good conscience continue to stay neutral.

In its original form, SB 1520 would have banned the practice of force feeding ducks. Unfortunately, SB 1520 was amended so that it would not take effect until July 1, 2012. Then it was later amended again to prohibit any civil or criminal action based on forced feeding against the foie gras producer in the meantime, including a pending lawsuit.

It might have been wiser to first ask the Attorney General for an opinion on whether force feeding violates the existing anti-cruelty codes. If SB 1520 becomes law and a positive opinion were to be obtained in the future, nothing could be done about it because SB 1520 provides Sonoma Foie Gras, the only producer in California, with unprecedented legal immunity for seven and one-half years. Israel’s Supreme Court recently ruled that force feeding breaks Israel's laws banning cruelty to animals.

At the same time, SB 1520 was also amended to say that the purpose of delaying the operative date until July 1, 2012, is to allow " individuals engaged in agricultural practices that include raising and selling force fed birds to modify their business practices. " Does this sound as though Sonoma Foie Gras is planning to go out of business? Also, one of the final amendments to the bill removed language that would have helped those in this field to find other employment. Are they not expected to find other employment?

There are assertions " that foie gras, when done by artisan producers rather than 'factory farms,' does not necessarily equate with inhumane treatment of ducks and geese. Francine Bradley, a poultry specialist with the University of California Cooperative Extension at UC, Davis, said, 'I've known the Gonzalez family [owners of Sonoma Foie Gras] since they first came to California. From the beginning, they wanted to do everything the correct way. They came to the university for advice before they bought land or birds, and I've always been impressed with the great care they take with their birds.' " (Wine Spectator Online, 9/04/2003). Does this mean that U.C. Davis will be working with Gonzalez to help him stay in business?

I was at the hearing in Sacramento the day after SB 1520 was amended to include the immunity clause. I heard Guillermo Gonzalez thank Senator Burton for amending the bill and for allowing him to continue in operation.

Assemblyman Joe Nation, when presenting AB 1520 on the Assembly floor, stated that Sonoma Foie Gras supports SB 1520.

I recently spoke with Beau Biller, a lobbyist, and confirmed that he had been hired to represent Sonoma Foie Gras in lobbying for SB 1520.

In short, a company that a bill is trying to shut down approved amendments to the bill and then actively supported the bill, because it put the company in a desirable strategic position. It is with great disappointment that I ask activists to oppose SB 1520, but the harmful aspects of this bill, as amended, outweigh its likely future benefits.

Rose Lernberg

>^..^<

September 10, 2004

lauren Sullivan <waldenhdt

waldenhdt

Thu, 9 Sep 2004 15:28:59 -0700 (PDT)

baarn

Re: [baarn] Re: Oppose SB 1520

Friends,

I want to thank everyone who has been outspoken and supportive of a bill that would ban the cruel process of force feeding ducks and geese. Surely we all can agree that this horrific practice should be banned.

I am going to make my response brief because it seems that much of the time of the sponsors lately has been to fight the opposition - both animal, industry and restaurant. Sad, but true. Also, the sponsors will be posting a response to the recent exchanges. (sponsors: AVAR, Farm Sanctuary, Viva!USA and LA Lawyers for Animals).

Right now, I would like to respond to Eric who seems to take people questioning Rose's statement as a personal attack. As of right now, it seems the attacks have been coming from those in opposition to SB1520.

i have an incredible amount of respect for Rose and all of her work and that is why i found her message so concerning.

Although i have only known Rose since i have been in California, there have only been a few times in my 17 years of doing animal rights work have i been so incredibly disappointed and saddened by my peers and this is definitely one of them.

As for Eric's comment that a ballot initiative be put forth -- More Power to you! There is nothing stopping those who are opposed to this bill from doing that (oh, and i am referring to the animal groups who are opposing the bill).

But if that fails, if SB1520 passes, it will be a guarantee that these practices and the product are banned by 2012. In fact, it will guarantee that the suffering of these animals will end.

Though it might be unlikely that a ballot initiative will be able to include both the ban on the production as well as the ban on the product. In addition to this, a ballot initiative would face incredible odds as trying to get the public to ban a product would be difficult considering the advertising dollars of our opposition.

There is nothing saying if this bill passes a ballot initiative cannot be introduced.

For those of you who have been following the legislature can attest, Adidas, a multinational corporation has tried 3 times to get the law changed in California to remove the protections for kangaroos. Each time it has failed. Why? Because it is incredibly difficult to get the law changed and moreso when you are trying to weaken animal protection laws in a state like California.

Contrary to what people are being led to believe, Sonoma Foie Gras CAN go out of business before 2012! That's our responsibility to educate and stop the in-fighting and get back to working for the animals.

i know that is what i am going to do.

lauren

www.vivausa.org <http://www.vivausa.org>

PS For those of you interested in helping Viva!USA STOP the duck industry all together we welcome you to assist with our continuing campaign on this industry - check out our website and sign on to our e-mail alert list -- list.