Suze, the old club had to pay out in a lawsuit in 1976 for that very reason. IMO it would be discriminatory to require one breeder to jump through hoops and not another breeder.
All the best, Susan Cochran ----- Original Message ----- From: "Susan A. Schlenger" <[EMAIL PROTECTED]> To: <[EMAIL PROTECTED]> Sent: Sunday, August 18, 2002 4:28 PM Subject: Re: [CKCS-L] Educating the Members > Sharon is correct in that the restraint of trade must be "unreasonable" > or "illegal". So, one would have to determine the effect on the > "market" to determine if the restraint was "unreasonable". This is an > evidentiary matter; extradinary expense or inconvenience or > impossibility of compliance might all be considered. > > Sharon.......I don't know you, but I do know some of the history of > CKCSC, USA and they have skated a fine line on illegal restraint of > trade issues. > > Suze > > Sharon Crawford wrote: > > > If that's the reason stated, the attorney is mistaken (or grasping at > > straws). Restraint of trade is what breeders already agree to when joining > > any kennel club because all have rules about breeding, selling puppies, and > > so forth and when you join you agree to abide by those restrictions. There's > > nothing illegal about restraint of trade as such. > > Requiring that members health test their dogs -- no matter how stringent the > > requirements -- would not be illegal, at least not in the United States. But > > it would be illegal to try to drive non-members out of business through > > price-fixing, monopolizing the import of registered dogs, etc. > > > > Sharon Crawford > > Hayward, CA > > > > > > -----Original Message----- > > From: Rosanne Cleveland-King [mailto:[EMAIL PROTECTED]] > > Sent: Sunday, August 18, 2002 11:25 AM > > To: [EMAIL PROTECTED] > > Subject: Re: [CKCS-L] Educating the Members > > > > > > > >>Hi, Roseanne, > >> > > I honestly don't know what personal rights would be violated in > > requireing testing in a private club environment. However, I think it would > > depend on how this was couched. So much in the current Code and Bylaws is > > not decipherable/enforceable that I'm not sure how integration would work. > > At present, I still see restraint of trade issues.< Suze, I KNEW you would > > "get it". Restraint of trade is exactly what the club attorney said about > > mandatory testing. Thanks Suze!! Rosanne > > > > ========================================================= > > "Magic Commands": > > to stop receiving mail for awhile, click here and send the email: > > mailto:[EMAIL PROTECTED]?body=SET%20CKCS-L%20NOMAIL > > to start it up gain click here: > > mailto:[EMAIL PROTECTED]?body=SET%20CKCS-L%20MAIL > > > > E-mail [EMAIL PROTECTED] for assistance. Search the > > Archives... http://apple.ease.lsoft.com/archives/ckcs-l.html > > > > All e-mail sent through CKCS-L is Copyright 2002 by its original author. > > > > ========================================================= > > "Magic Commands": > > to stop receiving mail for awhile, click here and send the email: > > mailto:[EMAIL PROTECTED]?body=SET%20CKCS-L%20NOMAIL > > to start it up gain click here: > > mailto:[EMAIL PROTECTED]?body=SET%20CKCS-L%20MAIL > > > > E-mail [EMAIL PROTECTED] for assistance. > > Search the Archives... http://apple.ease.lsoft.com/archives/ckcs-l.html > > > > All e-mail sent through CKCS-L is Copyright 2002 by its original author. > > > > > > > -- > Suze at Llawen Cavaliers > "...I have seen that in any great undertaking it is not enough for a man > to depend simply upon himself." -Isna Ia-wica > "Thought comes before speech" Luther Standing Bear > > ========================================================= > "Magic Commands": > to stop receiving mail for awhile, click here and send the email: > mailto:[EMAIL PROTECTED]?body=SET%20CKCS-L%20NOMAIL > to start it up gain click here: > mailto:[EMAIL PROTECTED]?body=SET%20CKCS-L%20MAIL > > E-mail [EMAIL PROTECTED] for assistance. > Search the Archives... http://apple.ease.lsoft.com/archives/ckcs-l.html > > All e-mail sent through CKCS-L is Copyright 2002 by its original author. ========================================================= "Magic Commands": to stop receiving mail for awhile, click here and send the email: mailto:[EMAIL PROTECTED]?body=SET%20CKCS-L%20NOMAIL to start it up gain click here: mailto:[EMAIL PROTECTED]?body=SET%20CKCS-L%20MAIL E-mail [EMAIL PROTECTED] for assistance. Search the Archives... http://apple.ease.lsoft.com/archives/ckcs-l.html All e-mail sent through CKCS-L is Copyright 2002 by its original author.
