AP News, July 6th, 2007
A new state law against fighting roosters violates a treaty that ended the Mexican-American War, a cockfighting association claims in a lawsuit.
The New Mexico Gamefowl Breeders Association and six businessmen argued that the law infringes on rights protected under the 1848 Treaty of Guadalupe Hidalgo, which made New Mexico a U.S. territory.
The lawsuit contends the treaty guarantees civil, political and religious rights, privileges and immunities to the people of New Mexico.
Many of the association's 2,000 members "are devoted to rural lifestyles, of which gamefowl breeding and-or participating in gamefowl shows and fights are, in New Mexico, long-standing, culturally bound and significant activities," the lawsuit said.
In 2003, the attorney general's office wrote in an advisory letter to a state lawmaker that the treaty didn't mention cockfighting and it wasn't a protected right.
The 19-page lawsuit filed Thursday asks the court to void the cockfighting ban and issue an injunction against its enforcement. The ban took effect June 15.
"There's a lot of people upset," said Ronald Barron, president of the New Mexico Game Fowl Breeders Association. "It's affecting their businesses, their livelihood."
During a cockfight, two roosters fitted with blades or gaffs on their legs are placed into a pit and fight until one is dead or badly wounded. Although gambling on the fights is illegal, spectators openly wager on the outcome.
The law makes participating in a cockfight a misdemeanor for the first two offenses and a felony punishable by up to 18 months in prison for subsequent offenses.
The lawsuit also claims the ban will drive cockfighting underground and that legislators failed to follow proper procedures when passing the law.
Spokesmen for state officials did not immediately return calls Friday seeking comment.
Supporters of the ban, including animal-rights activists, argue that cockfighting is cruel and should have been outlawed long ago.
Louisiana was the last state to outlaw cockfighting, agreeing last month to ban the sport in August 2008.
