CopyCited 7 times | Published | District Court, S.D. Florida | 1989 U.S. Dist. LEXIS 13088, 1989 WL 129188
...State Statutory Preemption The first argument presented by Plaintiffs is that the City's ordinances are invalid because the ordinances are in conflict *1480 with Chapter 828, Florida Statutes. Specifically, Plaintiffs argue that the ordinances conflict with Florida law because: 1) § 828.22(3) protects the ritual slaughter of animals; and 2) the ordinances provide for a criminal penalty and authorize private parties to assist in the prosecution of violations of the ordinance and thus violate the restrictions on ordinances set forth in F.S....
...Rocio Corp.,
404 So.2d 1066, 1070 (Fla.Dist.Ct. App.1981). Municipalities often exercise this privilege by providing for greater enforcement measures or stricter controls. Plaintiffs first claim is that the ordinances conflict generally with the state slaughter laws, F.S. §§
828.22-828.26, and, specifically, with the ritual slaughter exemption contained in F.S. §
828.22(3). Sections
828.22-828.26, Florida Statutes, relate to the use of humane methods in the slaughter of livestock for food....
...See Opinion Attorney General 87-56 (1987). The statute was enacted to conform Florida law to the provisions of the Federal Humane Slaughter Act of 1958, and is nearly identical to that Act. 7 U.S.C. §§ 1901-1906. The exemption for "ritual slaughter" contained in § 828.22(3) applies only to religious slaughtering of animals for food....
...as shehitah. Jones v. Butz,
374 F.Supp. 1284 (S.D.N.Y.1974). The Hialeah ordinances, on the other hand, only prohibit sacrificing animals where the primary purpose is not food consumption. Accordingly, there is no conflict between the ordinances and §
828.22(3)....
CopyCited 3 times | Published | District Court, S.D. Florida | 1988 U.S. Dist. LEXIS 5675, 1988 WL 63013
...re violative of Plaintiffs' constitutional rights. See also supra n. 2. With regard to the first mentioned ordinance which has become law, Plaintiffs make the additional challenge that its definitional section is in conflict with the Florida Statute 828.22(3) regarding exemptions for religious purposes.
