July 10. 2008

5:35 PM

1. Call to Order and Roll Call

Present, Commissioners: Laurie Kennedy-Routhier, Christine Garcia, Sally Stephens, Philip Gerrie, Pam Hemphill, William Herndon – SF Police, Kat Brown – ACC

Absent, Commissioners: Mara Weiss DVM, Andrea Brooks, Bob Palacio – SF Rec & Park,

2. Public Comment

Hope Johnson – Represents new unnamed animal rights group. Recommends Commission send to Board of Supervisors standardized policy for adoption and care of homeless animals. Policy would provide checks and balances for animal welfare. Policy would include all rescue and adoption organizations. Guidelines would include a no-kill policy.

Kim So – Supports no-kill policy. Asks to distribute book to Commissioners about no-kill movement in U.S. by Nathan Winograd after meeting.

Karissa – Co-lead of rescue group call Raddy Rats – Supports Commissioners write guidelines for animal welfare.

Cynthia Cox – Supports Hope Johnson. Wants no-kill policy. Wants consistent guidelines for animal adoption and care while waiting for adoption.

Karen Langlin – SPCA volunteer – Wants return of SF to a no-kill city. SPCA has lost its way due to cost cutting efforts to build new hospital.

Barbara Ikeni – Seconds Hopes’ goals. Lack of trust in animal adoption community.

3. Approval of Draft Minutes June 12, 2008 Meeting

Minutes unanimously approved with name addition by public speaker.

4. Chairperson’s report and opening remarks

Comr. Stephens – Rules Committee will be hearing, on July 17^th, Supervisor Daly’s proposed ordinance about the zoo. Comr. Brooks will be speaking at the beginning of meeting about ACWC’s work and recommendations. At that meeting will be the time to come and speak about that concern. Not during the full Board meeting.

Comr. Routhier – Was re-appointed to Commission. Two other seats, Comr. Garcia’s and Comr. Weiss’s were held for a future date.

Comr. Stephens – That date was yesterday. Dr. David Gordon was recommended to replace Dr. Weiss. Comr. Garcia’s seat has two attorneys seeking it. The Rules Committee referred the decision to the full board without recommendation. The Board  will decide next Tuesday. The Supervisors decide without public comment on agendized items. However, the public can contact Supervisors beforehand to let their preferences be known.

6. Old Business

A) Discussion on the “Humanitarian Art Ordinance” which would make it a crime to produce media depicting animal cruelty committed during the making of the media.

Comr. Garcia – Supports sending it as an ordinance not a policy. Ordinance would make it a crime to depict animal cruelty in SF that violated a local, state, federal, or newly adding, international law against animal abuse. The ordinance would include language that the City not fund an exhibit or display. City Attorney, Rebecca Katz, had no problem with adding ‘international law’ language. The language concerning City funding would have to be a policy not an ordinance. Animal rights group have been supportive. Wanted to get further comments from first amendment expert who is here today.

David Greene – Commission doesn’t need his approval but wanted to talk about first amendment issues perhaps not yet considered. Understands Commissions’s zeal behind effort. Some Commissioners at previous meeting had suggested that Supervisors deal with legalities. Hopes that Commissioners would have more integrity and propose something more useful to them. City cannot prosecute a crime that happens someplace else. If animal abuse occurs in SF now that person can be prosecuted. New ordinance doesn’t add any additional powers that city doesn’t already have. To prosecute because of showing animal abuse will bring first amendment issues because of punishment by communicating offensive content. That is punishing separately and differently than others expressing free speech. That goes across all viewpoints. The second aspect of this ordinance disables the City from funding messages that you disagree with and  messages that you agree with in order to be viewpoint neutral. Encourages Commission to not underestimate the power of its voice. As Commission you have a first amendment right to speak out and condemn what is offensive. Beyond just expressing your opinions there are certain limitations.

6 A Public Comment

Richard Fong -  Sees two aspects. One, no guilt of killing of animals in official duties of police or ACC. Two, private citizens that kill for sake of killing. Foresees issues with first amendment rights. Where is the burden of guilt with the Art Institute? Many animal protection laws already on the books. A new law mixing media and animal abuse will be problematic.

Cynthia Cox – Concerned with problems arising by  applying proposed ordinance to diverse media that shows animal abuse.

6 A Commissioner Discussion

Comr. Garcia – Clarifies. Not prosecuting displayers. Prosecuting only those that cause cruelty to occur. Either the person that actually does the act or directs it to be done. Not going after anyone who might film the cruelty. Feels ordinance now has teeth by extending it to violations of international law. City would be able to not fund those that direct animal cruelty to occur. Deterrence by possible prosecution if anyone attempts to show animal cruelty in SF.

Comr. Hemphill – Wonders what else Commission can do to express disgust at what SFAI did.

Comr. Herndon – Sees difficulty in successfully prosecuting international law.

Comr. Garcia – Doubts of prosecuting would be necessary. Law would frighten and prevent commission of displays of animal cruelty. A deterrent. It would be on the books to officially say it is wrong.

Comr. Herndon – Does not like to see laws enacted that are not enforceable.

Comr. Brown – Sees prosecuting such a law as very labor intensive and frustrating. Supports restricting funding and letter writing in opposition. Cites past examples of animal cruelty in the media that were not prosecuted by existing laws.

Comr. Gerrie – Supports recommending a policy to restrict public funding versus an ordinance. It would be the most effective and doable. A law would be very hard to enforce and prosecute.

Comr. Stephens – Sees public outcry from the SFAI very effective in stopping animal cruelty in the future. Bad publicity worked to stop the show. Funding restriction is problematic because it doesn’t fund individual shows but the whole institute.

Comr. Hemphill – How are hotel tax funds distributed?

Comr. Brown – The Arts Commission distribute the funds. It goes to individuals as well as institutions who apply.

Comr. Hemphill – Can we send a Commission to Commission letter expressing our concern?

Comr. Herndon – Can we have a policy that the Arts Commission would support to not fund art that includes animal cruelty?

Comr. Brown – That goes back to first amendment issue that cannot single out one kind of animal cruelty over another that may send a positive message against animal cruelty.

Comr. Gerrie – We could contact Arts Commission to find out what is funded and not funded and learn if there is any precedence for funding criteria.

Comr. Stephens – Could Comr. Garcia & Hemphill work together to send a letter to the Arts Commision to find out how funding works? Do they fund individual exhibits?

Comr. Hemphill – Work that Comr. Garcia has done has served to understand the issue more clearly.

Comr. Garcia – Will look into the policy of funding and focus on drafting a policy versus an ordinance.

Comr. Herndon – A policy can be more effective. A law prosecutes you when you violate it but a policy stops you from doing it in the first place.

8 Public Comment

Nadine May – Concern for animals at SPCA. Tells personal story. Shows picture of two kittens, Lily & Rosie. Had eye discharge. Turned down by ACC and SPCA for adoption.

Taken to specialist who said nothing was wrong with the kittens. Kittens would have weepy eyes all their lives but wasn’t a problem. Took eight months to adopt them out. Five or six years ago SPCA would have taken them in. Paid for surgery, if needed, by Cinderella fund.  Now, kittens would have been euthanized as not adoptable. Commission has a say because of Adoption Pact. Wants return to caring for all local cats and dogs. Wants return to unlimited time to adopt out. Currently is six week then consider other options.

9 Calendar Items

Comr. Stephens – Would like Commissioners to consider starting a 6PM versus 5:30PM in the future. Will look into what is involved in changing the time.

Comr. Brown – Will offer a coyote presentation by ACC.

Comr.Garcia – Sent an agenda item recently for no-kill policy for next meeting. Also action item for policy item for not funding animal cruelty.

10 Closing Review of Task Allotment

Discussed in #  9

11. Adjournment  6:45 PM

Respectfully submitted by

Philip Gerrie

Commission Secretary