Iowa-Amend Bills SEC. 38A and SEC. 39A
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Senators, and Representatives,
We the undersigned Iowa Constituents hereby petition the Iowa State Legislature to draft a Bill amending SEC. 38A Added 1968, Amendment [25] and SEC. 39A. Added 1978, Amendment [37] which would prevent city and county governments in Iowa from passing breed specific dog ordinances. We ask the Legislature to protect the constitutional property rights of the citizenry. Breed specific dog ordinances restrict, or prohibit property rights in dogs by breed without providing public protection from all dog breeds, thus denying equal protection, and equal treatment under the law. Individual dog owners should be regulated, not whole groups of citizens who own certain breeds. Home Rule cannot be allowed to take precedence over constitutional property rights.
Iowa State Constitution-Section 1
Rights of persons. All men and women are, by nature, free and equal, and have certain inalienable rights--among which are those of enjoying and defending life and liberty, acquiring, possessing and protecting property, and pursuing and obtaining safety and happiness.
Amended 1998, Amendment [45]
*Under breed specific dog ordinances dogs are removed from their owners without due process of law. The animal is, or animals are taken and destroyed by the city or county having enacted a breed specific dog ordinance without warrant, due process, or compensation.
Iowa State Constitution-Section 6
Laws uniform. . All laws of a general nature shall have a uniform operation; the general assembly shall not grant to any citizen, or class of citizens, privileges or immunities, which, upon the same terms shall not equally belong to all citizens.
*Breed specific dog ordinances confer privileges and immunities to all other dog breed owners, while restricting, or prohibiting property rights in the breeds which are named in the ordinance.
US CONSTITUTION, AMENDMENT IV. The right of the people to be secure in their persons, houses, papers and effects against unreasonable searches and seizures, shall not be violated, and no Warrants shall issue, but upon probable cause, supported by Oath or affirmation, and particularly describing the place to be searched, and the persons or things to be seized.
US CONSTITUTION, AMENDMENT V. No person shall be......deprived of life, liberty or property, without due process of law; nor shall private property be taken for public use without just compensation.
XIV, Section 1. No State shall make or enforce any law which shall abridge the privileges or immunities of citizens of the United States; nor shall any state deprive a person of life, liberty or property, without due process of law; nor deny any person within it's jurisdiction the equal protection of the laws.
Breed specific dog laws violate the Iowa State Constitution, and the Constitution of the United States of America.
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