Injunction hearing TODAY

[reptileexperts]

For those who haven't kept up with what's going on in the Giant Snake community, there is an injunction being heard today, April 7th, to try and extend the time before the ban goes into effect - effectively placing it on a stalemate until the ruling is made on the lawsuit regarding the addition of Burmese Pythons, already in question. This injunction is our last chance to keep reticulated pythons, and 3 species of Anaconda off the list, at least temporarily. If this injunction fails to be accepted the ban on interstate transport of Reticulated Pythons and 3 species of Anacondas goes into effect on April 9th, effectively putting today as the last possible shipping day for large constrictor owners like myself.

Remember, this fight is not only at the feet of giant keepers, but we all fall into the same boat. With the justification used for adding our beloved species onto the list, any species can be added by USFWS at any time. This can, could, and eventually will include things like: Corn Snakes, Ball Pythons, King Snakes, Boas (barely missed it this time). While the market for these types of snakes is much larger, and the economic outfall will be much greater, the risk is all the same. It's not about standing by giant snake owners, its about uniting as an entire reptile community, and making a stand the best way we can. Show our growing support by contributing to the USARK Legal fund, and help give everyone the ability to fight this fire properly.

For more on the injunction, click here: http://usark.org/wp-content/uploads/..._PI-4.1.15.pdf

For the most recent updates, click here: www.usark.org

And to donate, click here: http://usark.org/product/donation-5-increments/

Thanks for the ever growing support from an ever growing community.

Cheers,

Cody Conway

[CrystalRose]

USARK just posted this on their facebook page:

Lawsuit Update: Today at 2:00 PM began a 3-hour hearing regarding USARK's federal lawsuit. Judge Moss did not make a ruling from the bench on USARK's Temporary Restraining Order (TRO) or Preliminary Injunction. Tomorrow a schedule will be set for additional filings from both parties.
The effective date remains April 9. In 21 days from tomorrow (4/8/15), we should have a decision from Judge Moss if the Court will issue a cessation of enforcement and allow an extension of the effective date. If USARK's TRO is decided upon favorably and the effective date is extended, then interstate transportation and importation (or possibly only interstate transportation) can continue as usual. It will likely be months before a ruling is made on the lawsuit.
Additionally, Judge Moss passed a motion allowing the filing of USARK's second amended complaint. We'll provide additional information soon.

[reptileexperts]

Yes. So as it is. The ban goes into effect at midnight tonight. The only mode of shipping that is currently legal will be delta cargo through this evening. FedEx is no longer a legal means to transport retics or anacondas as of today for tomorrow delivery.

We will have an answer within 21 days which could reverse this for a temporary time period. But my best guess is worst case scenario when they see that the ban is already smooth or whatnot. The judge will decide to leave it be. But I am still hopeful science and sound mind will prevail in this time.


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[reptileexperts]

Yesterday was the deadline for the Judge to make a ruling on the injunction as to whether or not we will be granted the extension. No word has been given from the courts at this time.

This is a good thing and a bad thing - the good thing is, this case is likely being taken very seriously and our stance is proving to be quite strong, thus making the judge truly contemplate the outcome. This could be bad in the fact that the judge has forgotten this case existed, or is simply ignoring it and letting the injunction just fail on its on timeline. Either way, please trust USARK to keep pressure on and know they are doing all they can to retain our rights.

I'll update this thread again as more information becomes available. Remember, Ball Python owners, Boa owners, and Retic Owners, are all in the same boat!

[Gio]

Thanks Cody,

I was just wondering where this was at as I've not seen anything on it.

Might be time to kick a few more $$ into the USARK fund!

[bcr229]

Unfortunately due to net-nanny I can't verify it online at the moment, but I got word that there has been movement on this today. It looks like the judge is asking for some more info from both sides, but things do look positive for us.

[reptileexperts]

Word is the injunction cleared and we are going to be safe for the time being. The official wording of how this will transpire will be released on the 18th. But cheers to all of us. We have finally shown we can make a stand.


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[CrystalRose]

It's all over facebook. We got the injunction. Email about it should be out in a couple of hours.

[bcr229]

From USARK on FB:
On May 18, 2015, the parties to the USFWS lawsuit will appear in court to address certain issues regarding the scope of the injunction to be issued. "Plaintiffs have demonstrated that they are entitled to injunctive relief at least with respect to interstate transportation of reticulated pythons and green anacondas into at least the 47 states in which those snakes are unlikely to establish wild invasive populations. Accordingly, on or before 5:00 PM on May 15, 2015, the parties are directed to submit supplemental briefs of not more than seven pages addressing two questions: first, whether it is necessary or appropriate for the Court to exclude transportation of reticulated pythons and green anacondas into Florida and Texas from the scope of its injunction; and second, whether a stay of the preliminary injunction is appropriate to allow Defendants an opportunity to seek interim relief from the Court of Appeals. " More to come from USARK as soon as we can get through the 50 page ruling! We want to thank everyone for their patience. We want to thank everyone for their patience.

[artgecko]

This is great news! I know it doesn't necessarily mean winning the lawsuit, but it is a step in the right direction and at least shows USFWS and HSUS / PETA that herpers will fight for our rights to own our animals.

Very happy for you guys that own the effected species in particular.