Savage v. Prator

Summary

The Louisiana Supreme Court reviewed whether a Caddo Parish ordinance prohibiting cockfighting conflicted with Louisiana’s animal-cruelty statute, which excluded fowl from the definition of protected animals. The court held that the state law neither authorized cockfighting nor preempted local regulation of it, and therefore the parish ordinance was valid. The court reversed the lower-court rulings, vacated the preliminary injunction, and remanded for further proceedings.

Holdings

1. Caddo Parish Ordinance No. 2432, § 4-14, which prohibits cockfighting, does not conflict with Louisiana Revised Statutes § 14:102.1 or otherwise offend a Louisiana constitutional or statutory provision.
2. Louisiana has not preempted the field of cockfighting; local governments may authorize or prohibit cockfighting tournaments within their boundaries.
3. The plaintiffs were not entitled to a preliminary injunction because the ordinance was neither unconstitutional nor illegal, eliminating a required element of preliminary injunctive relief.

Questions Presented

1. Whether Caddo Parish Ordinance No. 2432, § 4-14, prohibiting cockfighting, conflicts with Louisiana Revised Statutes § 14:102.1 because the statute excludes fowl from its animal-cruelty provisions.
2. Whether the plaintiffs established the requirements for a preliminary injunction against enforcement of the ordinance.
3. Whether Louisiana's constitutional home-rule provisions permit a local government to regulate or prohibit cockfighting when state law neither authorizes nor prohibits the activity.

Disposition

reversed_and_remanded