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Court Upholds Chicago Foie Gras Ban

The Humane Society of the United States and Farm Sanctuary urge city council to stand by humane measure

CHICAGO (June 12, 2007) - The Humane Society of the United States and Farm Sanctuary hailed a decision today by a federal court in Chicago, Illinois, dismissing a lawsuit seeking to overturn Chicago's foie gras ban. The court's ruling that "the foie gras ordinance is consistent with the Illinois and United States Constitutions" provides strong support for the Chicago City Council's decision to enact a measure more than one year ago prohibiting the sale of foie gras.

"This ill-conceived attempt to circumvent the City of Chicago's authority to prohibit the sale of one of the most notoriously abusive factory farming products has failed miserably," said Jonathan Lovvorn, vice president of Animal Protection Litigation for The HSUS. "There is no constitutional right to profit from animal cruelty."

The Illinois Restaurant Association filed suit last year claiming that the city's ban on the sale of foie gras somehow ran afoul of the state and federal Constitutions. Thereafter, The HSUS, Farm Sanctuary, Heartland Café, Bistro Campagne, and two Chicago residents filed a brief with the court in support of the ordinance. Today, U.S. District Court Judge Blanche Manning dismissed the lawsuit challenging the foie gras ordinance in its entirety, finding the City's prohibition on the sale of foie gras to be well within the City's authority to regulate the sale of food items.

Gene Baur, president of Farm Sanctuary, stated, "In light of this defeat, we hope the Illinois Restaurant Association will give up its fixation on legalizing foie gras in Chicago. This expensive, fat-laden appetizer is the result of egregious cruelty and has no place in a society that values compassion."

There have been reports indicating that opponents may try to introduce a repeal in the City Council this week. The HSUS is running newspaper ads calling on politicians to stand firm in defending this important law, and not to repeal the common-sense humane ordinance that the council voted 48-1 to enact last year. Copies of the ads are available at http://tinyurl.com/25spj3.

Facts

  • Foie gras is the diseased, fattened liver of factory-farmed ducks. To produce foie gras, producers force-feed ducks an unnatural amount of food through a pipe thrust down their throats until their livers expand to ten or more times their natural size. This force-feeding can cause painful bruising, lacerations, sores, organ rupture, and even death.
  • There are more than 63,000 HSUS supporters in Chicago, an average of 1,300 members per ward.
  • When Chicago passed the ordinance, it joined California and more than a dozen countries-including the United Kingdom, Denmark, Finland, Germany, Israel, Norway, Poland, Sweden and Switzerland-in taking legislative action on the issue of foie gras and cruel force-feeding practices. Even the Pope has condemned it.
  • In 2005, the Illinois State Senate unanimously passed similar legislation banning foie gras production.
  • A 2005 Zogby poll revealed 79 percent of likely Illinois voters agree that foie gras production should be outlawed.

Timeline

  • March 2007-Celebrity chef Wolfgang Puck announces that he will no longer use foie gras.
  • March 2007-Hot Doug's eatery becomes the first business fined under the ordinance.
  • November 2006-The HSUS, Farm Sanctuary, Heartland Café, Bistro Campagne, and two Chicago residents file papers in opposition to an Illinois Restaurant Association lawsuit challenging Chicago's foie gras ordinance.
  • September 2006-Alderman Joe Moore is joined by experts in animal welfare, ethics, the law, religious leaders and representatives from humane organizations, in calling upon the Chicago City Council to stand by its foie gras ban.
  • August 2006-Chicago's foie gras ban takes effect.
  • April 2006-Chicago City Council overwhelmingly passes ordinance by a vote of 48-1 banning the sale of foie gras within the city.
  • October 2005-Alderman Moore's proposed ban gains the unanimous support of the Chicago City Council Committee on Health before entering the council for a vote.
  • August 2004-California bans the production and sale of foie gras, effective 2012.

About The HSUS
The Humane Society of the United States is the nation's largest animal protection organization-backed by 10 million Americans, or one of every 30. For more than a half-century, The HSUS has been fighting for the protection of all animals through advocacy, education, and hands-on programs. Celebrating animals and confronting cruelty-on the web at www.humanesociety.org.

About Farm Sanctuary
Farm Sanctuary is the nation’s leading farm animal protection organization. Since incorporating in 1986, we have worked to expose and stop cruel practices of the “food animal” industry through research and investigations, legal and legislative actions, public awareness projects, youth education, and direct rescue and refuge efforts. Our shelters in Watkins Glen, NY and Orland, CA provide lifelong care for hundreds of rescued animals, who have become ambassadors for farm animals everywhere by educating visitors about the realities of factory farming. More information about Farm Sanctuary can be found at http://www.farmsanctuary.org or by calling 607-583-2225.

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