Oklahoma Agriculture commissioner may intervene in cockfighting challenge

<br>OKLAHOMA CITY (AP) _ The state Agriculture Commissioner may get involved in the legal battle over a new law that bans cockfighting in Oklahoma. <br><br>Only two days after voters passed State Question

Thursday, November 14th 2002, 12:00 am

By: News On 6

OKLAHOMA CITY (AP) _ The state Agriculture Commissioner may get involved in the legal battle over a new law that bans cockfighting in Oklahoma.

Only two days after voters passed State Question 687, a McCurtain County judge issued a temporary restraining order to keep law officers in three southeastern Oklahoma counties from enforcing it.

``I would have to talk to the legal staff to see what is legal,'' Howard said on Wednesday. ``I do not anticipate being asked to do so and, at this time, no one has brought that up to me.''

While state Attorney General Drew Edmondson said it is appropriate for Howard to look into the issue, Janet Halliburton, head of the Oklahoma Coalition Against Cockfighting, wondered if Howard would be using state resources to intervene.

``Cockfighting and the Agriculture Department have nothing to do with each other,'' said Halliburton, whose group worked to get the issue on a statewide ballot.

The department doesn't regulate game fowl, and would only be involved with them if there was a disease outbreak or to check the health papers of imported and exported birds.

Edmondson has said enforcement of the ban would be left up to local officials, many of whom say privately that they have more important tasks than chasing cockfighters.

Howard said he and others who have never been to a cockfight question whether the new statute is too broad and needs interpretation.

``In my personal opinion, to say you have to be rid of your chickens at 5 p.m. on Friday when the votes are certified, that's a taking of personal property,'' Howard said.

``A lot of people are scared that some big, bad government guy ... like myself is going to come and get them.''

Cockfighters have said their birds are worth $50 million to $250 million. But the state is not legally responsible to compensate them for declaring their enterprise illegal, Edmondson said.

Cockfighters will seek compensation, said Larry Oliver, a Tulsa attorney representing game fowl enthusiasts.

``All of a sudden, their way of life, their culture has been uprooted,'' he said. ``Where do they go?''

Cockfighters will be allowed to keep their birds, but they will not be allowed to fight them, according to the new law.

Those who breed, raise, sell or transport chickens for the purpose of fighting could face up to 10 years in prison and/or fines of up to $25,000, Edmondson said.

Halliburton called the vote to ban cockfighting ``a landslide victory.''

``All this posturing by the cockfighters is just giving them additional days to indulge in their bloody cruelty to animals and in illegal gambling activities.''