On July 10, 2012 federal attorney Frank
Losey submitted 20 pages of Comments that cited 21 Reasons why the Proposed Rule should be withdrawn. “WHY I BELIEVE THE AKC HAS "LEGAL STANDING" TO ACT ON BEHALF OF AKC HOBBY BREEDERS, AND WHY I BELIEVE THE AKC HAS A LEGAL RESPONSIBILITY TO DO SO BASED ON ITS PUBLIC STATEMENTS THAT HAVE BEEN MADE TO ALL HOBBY BREEDERS WHO REGISTERED THEIR PUPPIES WITH AKC FOR A "REGISTRATION FEE."
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The financial interests of the AKC are inextricably intertwined with the financial interests of AKC Hobby Breeders. Consequently, if the APHIS Rule creates an adverse financial impact on Hobby Breeders who register their puppies with the AKC for a "FEE," that adverse financial impact will inevitably have a correspondingly adverse financial impact on the AKC "Registration" revenue stream. In short, there is a realistic probability that the APHIS Rule will result in fewer puppies being whelped in the homes of AKC Hobby Breeders. In turn, fewer puppies whelped will reduce the number of puppies registered as AKC puppies, and the corresponding decline in AKC Registrations will reduce the annual revenue received by AKC from AKC Registrations.
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Proof of the direct correlation between the number of puppies produced by AKC Hobby Breeders and the Revenue received by the AKC from Registration "FEES" may be substantiated by reviewing the Tax Returns of the AKC. In this regard,
the AKC Program that generates the highest amount of annual revenue for the AKC is "Registrations," which in 2011 resulted in revenue that totaled over $28 Million. Thus, any reduction in the number of AKC registered puppies would result in a reduction in annual revenue for the AKC. Such a reduction in annual revenue for the AKC provides a requisite "financial interest," which in turn provides the requisite "Legal Standing" for the AKC to seek a Federal Injunction that would prevent APHIS from enforcing the APHIS Final Rule.
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The AKC Website explicitly states: "Your registration fee helps the AKC."
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The AKC Website publishes an "Online Breeder Classifieds" to facilitate the sale of AKC Puppies through the use of the Internet.
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The AKC Mission Statement contains a commitment - - a "legal" obligation - - "to work to protect the rights of all dog owners."
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The AKC Website uses the phrase "Working to protect the rights of all dog owners" in at least six different places
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The AKC Website states that it has "More than 600 MEMBER clubs and 5,000 licensed clubs belong to the American Kennel Club." ("Member" Clubs have AKC Breeders as "Members.")
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The AKC Website includes its "Taking Command" postings which have stated: "the AKC supports the establishment of a state federation in each state so that clubs can unite and
FIGHT BAD DOG LAWS THAT WOULD IMPACT THEM DIRECTLY." In this regard, the APHIS Rule will have a direct impact on the AKC Hobby Breeders who are members of the "More than 600 MEMBER clubs and 5,000 licensed clubs belong to the American Kennel Club."
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The APHIS Rule is a Federal Rule that has the
Force of "Law" as a result of Congressional Language that is set out in Sections 1507 and 1510 of Title 44 of the U.S. Code. In short, if AKC Hobby Breeders believe it is a
Bad Rule that will have the potential of "Bad" consequences for them, it would fall into the category of "BAD DOG LAWS" that the AKC has affirmatively stated that it will "FIGHT."
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To file a Lawsuit that seeks to obtain a Federal Injunction against a Federal Agency, such as the USDA, will cost a substantial amount of money. The Multi-Million Dollar Cash Reserves of the AKC as listed on the AKC 2011 Tax Return - - the majority of which was accumulated from Registration Fees - - provide the financial footing needed to cover the legal expenses associated with filing and litigating a Lawsuit that would seek a Federal Injunction against the USDA.
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Mr. Alan Kalter, the AKC Chairman, stated in his September 10, 2013 Chairman's Report that the AKC "will expand our voice to include breeders . . . and over 700,000 grassroots followers." One way that the AKC could "expand our voice" is to file on behalf of all AKC Hobby Breeders a Lawsuit that seeks to obtain a Federal Injunction that would stop the enforcement of the APHIS Rule.
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In Mr. Kalter's September 2013 Chairman's Report, he stated: "Tell us . . . what the toughest questions are that you face." If you are concerned about the potential intrusions, harm and adverse financial impact that you will face as a result of the APHIS Rule, contact Mr. Kalter and tell him your "toughest question" - - "Why has the AKC not filed a Lawsuit that seeks a Federal Injunction that will block enforcement of the APHIS Rule?" He has stated: "Tell us..." And if Mr. Kalter and the AKC heard from a majority of the AKC Hobby Breeders, who are responsible for cumulatively generating Tens of Millions of Dollars each year in Registration Fees for the AKC, he and the AKC Board of Directors may decide that it is in the best financial interests of the AKC to file a Lawsuit that seeks to obtain a Federal Injunction that blocks the enforcement of the APHIS Rule.