State officials are confident that the cockfighting ban that took effect June 15 will withstand a challenge from the New Mexico Gamefowl Breeders Association and six businessmen who filed a lawsuit Thursday in an attempt to overturn the new law.
The lawsuit, filed in
The move by the cockfighting industry was expected. State Sen. Mary Jane Garcia, who sponsored the legislation, said she’s confident it will remain in place.
“I knew they were going to, but that’s fine,” Garcia said of the lawsuit. “They’ll have to do what they have to do. I’ve already done what I had to do.”
Attorney General Gary King said he’s prepared to “aggressively” defend the law.
“This issue has been debated for years and we believe the law was clear in its scope and intent,” King said. “I don’t think any of their arguments hold water. We plan to file a motion to dismiss because we don’t see any claims here that would support a lawsuit.”
In a statement released by his office, Gov. Bill Richardson agreed.
“It is regrettable that opponents to the ban have opted to engage in costly litigation. The legislative process provided an open and public forum for the issue to be thoroughly debated,” he said. “I am confident that the ban will survive this legal challenge.”
The law makes participating in cockfighting a petty misdemeanor on the first offense punishable by up to six months in prison and a misdemeanor punishable by up to a year in prison on the second offense. Further offenses are fourth-degree felonies punishable by up to 18 months in prison.
The lawsuit, according to the Associated Press, alleges that the ban prohibits people from participating in a sport that’s important to their culture, destroys peoples’ livelihoods and lifestyles, makes those who keep the birds for reasons other than fighting afraid they’ll be mistaken for cockfighters, and will drive cockfighting underground.
“There’s a lot of people upset,” the news service quoted Ronald Barron, president of the gamefowl breeders association, as saying. “It’s affecting their businesses, their livelihood.”
The state, Richardson, King and the state police chief are named as defendants. Those suing along with the breeders association, according to the news service, are Charles Kent Bullock of Bullock’s Feed in Artesia, Don Spearman of Animal Nutrition and Supply in Carlsbad, Tony T. Ortega of Mesilla Valley Feeds in Las Cruces, and Jal businessmen Johnny Unias Montoya of Johnny’s Service Station, Raul Trevino of Lewallen Supply and Pradip D. Bhakata of the Hilltop Inn.
The plaintiffs say the treaty guarantees certain rights, including the protection of cockfighting as a long-standing tradition. The attorney general’s office, according to the news service, issued an advisory opinion four years ago stating that the treaty doesn’t mention cockfighting and doesn’t protect it as a right of citizens.
The plaintiffs also accuse legislators of failing to follow the constitutionally required procedure that they read bills three times in each house, the third time in their entirety. Lawmakers regularly vote to have the record reflect that such action has been taken even though they never do it.