Gamefowl breeders sue to stop cockfighting proposal

<br>MUSKOGEE, Okla. (AP) _ Oklahoma gamefowl breeders filed a federal lawsuit on Tuesday to declare a proposal to ban cockfighting unconstitutional and keep it from being placed on the statewide ballot.

Wednesday, September 11th 2002, 12:00 am

By: News On 6

MUSKOGEE, Okla. (AP) _ Oklahoma gamefowl breeders filed a federal lawsuit on Tuesday to declare a proposal to ban cockfighting unconstitutional and keep it from being placed on the statewide ballot.

The lawsuit on behalf of the Oklahoma Gamefowl Breeders Association by Tulsa attorney Larry Oliver in U.S. District Court for the Eastern District of Oklahoma in Muskogee.

It alleges the anti-cockfighting initiative petition is unconstitutional because it would deprive the plaintiffs of their property without compensation if the proposal passes.

The petition also makes no provision for disposition of the hundreds of thousands of gamefowl that will become immediately illegal to be owned or possessed in Oklahoma if the anti-cockfighting proposal becomes law, according to the lawsuit.

``I don't believe we were given due process,'' said Judy Hamilton, one of the plaintiffs in the lawsuit and owner of the Texoma Game Club near Kingston. ``I believe justice will prevail. It's supposed to.''

Janet Halliburton, leader of the coalition trying to get cockfighting eliminated in Oklahoma, said she doesn't know what argument pro-cockfighting would have that would persuade a federal court to stop the election.

``Cockfighters are just desperate not to let the democratic process proceed,'' Halliburton said. ``They know that Oklahomans think cockfighting is cruel and despicable, and they are going to lose when it gets to the ballot.''

A July state Supreme Court opinion validated the initiative petition, but the gamefowl breeders association asked the justices to reconsider the ruling.

The court issued an order last month refusing the request, paving the way for State Question 687 to be put on the ballot.

The state Election Board has printed the ballots to include SQ 687 along with other state questions.

Louisiana and New Mexico are the only other states where cockfighting still is legal.