A Serious Blow To Pigeon Fanciers ..

[TAWhatley]

http://www.chicagotribune.com/news/l...ck=1&cset=true

Racing pigeons are kept grounded
Court denies appeal by club of city ban

By Charles Sheehan
Tribune staff reporter
Published December 24, 2005
A federal appeals court ruling this week clipped the hopes of Chicago pigeon racers who said a city law banning pet pigeons was unconstitutional.

On Thursday, a U.S. Circuit Court of Appeals judge upheld an earlier District Court court ruling that found the city was within its rights to ban racing pigeons as pets.

Members of one of the nation's oldest racing clubs were crestfallen Friday.

The case pitted the property rights of the 70 or so members of Chicago's pigeon-racing club, the Greater Chicago Combine and Center, against those of neighbors who complained of scattered feathers, excessive cooing and droppings.

"We're not hurting anybody," said Karl Wollenhaupt, secretary and treasurer for the group. "This sport has been in existence for hundreds of years, but the city says these birds are bad, dirty and evil. These are birds of pedigree."

Chicago is the only large American city with a total ban on homing pigeons, officials with the national American Racing Pigeon Union said.

"That's terrible," Executive Director Karen Clifton said. "Chicago is the only city that has ever put us through this."

The organization lobbies on behalf of birders nationwide. Its officials came to Chicago in 2003 to speak with aldermen and issue information packets on bird racing.

The City Council voted 48-0 to approve the ban, exempting Lincoln Park Zoo and the zoo at Indian Boundary Park.

Other large cities have set limits on the number of birds or have required screenings to monitor disease, Clifton said.

Ald. Thomas Allen (38th) sponsored the ban two years ago, prompted by complaints that birders attached large lofts to garages and houses on lots that were only 30 feet by 125 feet.

He did not return calls Friday. The city's Law Department was closed Friday.

In supporting the earlier court decision, U.S. District Judge Harry Leinenweber ruled that raising homing pigeons "is not a fundamental right."

"While housing pigeons in rural areas, for example, may be a perfectly unobtrusive endeavor, it is at least conceivable that the feathers, droppings, odor and noise generated by kept pigeons in tight, urban lots would be an untenable nuisance to residential neighbors," Leinenweber wrote.

A judge placed a stay on a similar case making its way through Cook County Circuit Court pending the outcome of the federal appeal, meaning there are other legal routes for the birders to follow, said Lisa Ligas, an attorney for the bird club.

[Al & Bobby]

From Pigeon People discussion group.


It's time for some education. I don't know if the fanciers want our help, but we're going to give it.

What are the Chicago aldermen and the rest missing? The almost total harmlessness of pigeons and their sweetness. The viciousness of people (which will be enhanced and excused by the ban in Chicago and the calls by people for population control - and directed at feral pigeons mostly). And the fact that - hey - pigeons are birds. Not more likely to give us disease - less likely.

Remember that pigeon numbers have been limited in many towns, and no city is immune. Our viewpoint is minority, and all our pigeon groups together are a small number of people. We need publicity to reach people so they know it's possible to believe pigeons are okay, not monsters.

This is an opportunity not only to support feral and fancy pigeon lovers in Chicago but also to teach whomever we can. Education has to be part of what we do, because it's the only way to get permanent change.

Al

[Trees Gray]

I certainly hope this doesn't set a precident for the rest of the county.

This also shows that people need to follow city ordinances carefully, because that is the first thing they are going to look at, and watch out for neighbors, because once they complain, it is just a matter of time.

Yes, education is important, it always is, but fanciers need to make sure to keep up the cleaning, and be legally within the city codes and laws, especially if they live in close proximity with their neighbors.

Caring for our birds not only requires, emotional and physical supportive care, but making sure we do not set off any red flags to our neighbors, while raising our birds.

[re lee]

This law will probably enable other cities and towns to do the same. Which is sad. But This agin shows birds should be kept in modest numbers. And breed top birds. As some do keep large numbers thinking it makes them fly better. But bad that the people there will have to move or get rid of there birds. Chicago has far worse problems then people who keep and raise pigeons. That would be better to out law the gangs and any gang member would be subject to jail time. That would better improve that city. BUT hopefully the people can find homes on the outskirts that they can keep there birds.

[dnrslucky1]

I thought most citys and or townships had a grandfather clause. So when they change an ordinance such as this, if you can show you are and have been housing Pigeons, it would not effect you, only new property owners! But I could understand a reasonable limit on the amount of Pigeons.

I really feel things like this are wrong. Our government should not have the control that they do over our property! If they change an ordinance, it should effect new home owners only! It would be very difficult to sell your home that you may have lived in for many years, just because they changed an ordinance, which would effect the lifestyle you are accustomed to!

Things like this worry me!

Denise