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Asked Questions
1)
Are you Vegetarians?
2) What do you think of Veganism?
3) Why do you think the Village Officials singled
you out?
4) Are you connected with the Hare Krishnas?
5) Were you attempting to proselytize the Village
residents?
6) What is the pattern of Injustice you encountered?
7) Please provide some examples of harassment
and hate crime?
8) What is the worst treatment accorded to your
family?
9) What is the worst injustice you believe accorded
to you?
10) What is the religious significance of cows
in Hindu culture?
11) Why do you need your cows to live on your property?
12) Are there any farm animals kept in your
village and county?
13) Are your cows farm animals?
14) How often was the ordinance used in the
past?
15) What is the text of the Farm Animal Ordinance?
16) Why did the Village Board deny your first request for
a permit?
17) So, the Village Board kept in changing
the reasons for denial?
18) What were these health and safety concerns?
19) Why isn’t the commercial beef farm
next door a health and safety risk?
20 If everyone claimed a religious exemption,
wouldn’t religion become
a law unto itself?
21) How is your case a ‘Hybrid Rights’
case?
22) How can Courts tell when Local Governments
are being discriminatory against religious practices?
23 How were you Denied Due Process?
24) If the Judge found that your cows were
not causing a nuisance to the Village,
then why did he grant the injunction?
25) Did the Judge really forbid you to bring
up the topic of religion in Court?
26) What happened to your plans to seek asylum
in India?
27) Why did you return to Angelica, where you have had all
this trouble?
28 Why do you think you will win this time?
29) What are your future plans?
Are
you Vegetarians?
Yes, for religious reasons we follow a lacto-vegetarian diet.
The Vedic scriptures prescribe fruits, vegetables, grains
and milk as the recommended foods for human consumption. Since
we utilize this gift of surplus milk from our cow, we are
committed to protecting her and her offspring for their whole
lives.
What
do you think of Veganism?
Vegans have a good point; it is wrong to subject animals
to cruelty, and we can understand why people would want
to abstain from all animal products to protest the exploitation
of animals. The cruelty comes from the way animals are treated
at the animal farms (e.g. cows are induced with hormones,
impregnated almost every year to optimize milk production,
etc). We are also concerned about these issues. That is
why we promote nonviolence to animals in our own way. Our
animals are treated as members of our family and treated
very humanely. They are never abused in any way.
Why
do you think the Village Officials singled you out?
During the 4 years we have lived in Angelica, we have definitely
been treated differently than other residents. We are convinced
that this is due to our religious beliefs. Because we are
Americans, who converted to Hinduism through association
with the Hare Krishna Movement, we are not seen as Hindus,
but as members of a cult. And further, the religious practice
of protecting our own cows seems to be a very threatening
in an area that promotes raising cows for beef. We believe
these reasons are the basis for all the opposition we are
experiencing.
Are
you connected with the Hare Krishnas?
Our connection with Hinduism came about through our association
with the Hare Krishna Movement, and Srila Prabhupada’s
teachings. Although we still consider ourselves students
of Srila Prabhupada, we no longer have any connection with
the ISKCON Institution. After Srila Prabhupada’s untimely
departure from this world, the leading managers of ISKCON
diverged from his teachings and this forced many of his
students, like ourselves, to try to carry on his intended
mission of spreading Vedic Culture in our own lives rather
than in the formal institution.
Were
you attempting to proselytize the Village residents?
Not at all, we never had any intention of trying to get
the villagers to convert to Hinduism or even to become vegetarians.
All we wanted to do was to show a small, family scale example
of protecting our own cows, in order to educate to public
about the practical and social reasons that cows are revered
by followers of the Hindu faith. Our intended audience was
people outside this area, and we thought that any outside
attention or visits we received would be good for the Village’s
tourism industry. But we never got that far.
What
is the pattern of Injustice you encountered?
The Village Board has repeatedly denied us a permit for
our cows, using one excuse after another in a discriminatory
fashion. Not only did they use false reasons, they kept
on changing the pretexts for denying us a permit. They made
up new requirements that were not even part of the ordinance.
They claimed we were violating their ordinance even when
we had our cows boarded at the beef farm across the street,
and all we were doing was using a small ox cart on a quiet
Village street, (while allowing the Amish to drive through
town with no complaint). When we did bring our cows to our
property to reside, the Village repeatedly and selectively
prosecuted us with faulty charges of, ‘harboring farm
animals without a permit.” To our knowledge, prior
to our case, no one was ever required to have a permit in
the history of the Angelica. Not only that, we are aware
of at least one family (since our case) that kept farm animals
without a permit. The Village Officials and Police also
ignored our repeated pleas to stop certain neighbors from
harassing us and committing hate crimes against our family’s
religious practices. Even when there was ample proof of
that happening.
Please
provide some examples of harassment and hate crimes?
These incidents began when a man riding an ATV attacked
our ox cart and then told us that our ox cart was illegal,
and that the Village Board and Police agreed that it had
to be stopped. Another time, when we protested a very unfair
decision by the Village Board with a kirtan (congregational
chanting of the names of God) to the Village Circle, a neighbor
used his riding lawn mower as a weapon, shooting gravel
and clouds of dust to drive us (including children) away
from his home, and finally causing injuries. The police
refused to help even when the man repeated this behavior
a year later, attempting to stop us from using our cow to
cut (graze) our front lawn. When we parked our truck in
the way to prevent him from doing this again, WE were given
a ticket for illegally parking!
What
is the worst treatment you believe accorded to your family?
We are engaged in a benign and beneficial activity meant
to show a cultural model of how to care for cows in an exemplary
way, grooming our cows daily and keeping our barn very clean.
Yet, village officials have demonized our cows, conjured
images of foul smells, and conspired with vigilante neighbors
in order to create a compelling governmental interest to
repress our religious practices of keeping cows and working
oxen. Not once has a Court seriously addressed this discrimination
or the violations of our First Amendment Rights.
What
is the worst injustice accorded to you?
It is one thing to be treated unfairly by Village Officials
and by a few unfriendly neighbors. It is another to not
receive a fair and full hearing in the court of law. In
our free, fair and open democratic society, when our family
was denied our due legal process and not given a chance
to make our case, it was the worst form of injustice accorded
to us. One does not expect such treatment in a court of
law.
What
is the religious significance of cows in Hindu culture?
The cow and bull are considered the mother and father of
human society, because of all the benefits they provide.
The cow gives milk, a miracle food, simply by eating a little
grass. The cow’s milk and other by products are vital
to the Hindu vegetarian diet, and are used all in religious
sacramental offerings. The bulls are traditionally used
to till the fields to produce grains, society’s sustenance,
and therefore are greatly valued and revered as Dharma or
religion personified. Harming a cow or bull in any way is
considered a greatly sinful act, and thus cows and bulls
are protected even in their retirement age. In India, cows
are present at religious functions and are even brought
into the temples.
Are
there any farm animals kept in your village and county?
Our county is full of farm animals all over. There are some
33,000 farm animals that reside in Alleghany county. In
fact, our own upper lot where we want to keep the cows is
already surrounded on three sides by chickens, roosters,
Billy goats, and beef cows. We cannot understand why our
animals are causing such a fuss. Besides, the Village allows
farm animals by permit and other exemptions.
Are
your cows farm animals?
No. Would we consider pets (dogs and cats) as farm animals?
The care we give our cows exceeds that of ‘companion
animals’ and extends to considering them among our
family members. Followers of the Hindu faith would never
consider or treat cows as ‘farm animals’ because
that term connotes exploitation and ultimately slaughter.
Our animals are the exact opposite of ‘farm animals’
rather they are tools for preaching against the exploitation
of farm animals. We revere our cows as an essential part
of our family.
Why
do you need your cows to live on your property?
The first and foremost reason is that we love our cows dearly
and treat them as family members. We truly consider them
sacred. We cannot milk our cow and give her the extra care
she and her calf need nor adequately train our oxen to be
prepared for public interaction unless they reside at our
home. How can we invite the public to see how cows are an
integral part of the Vedic religion and culture without
any cows on our property? Cows are present at Hindu religious
functions; we can hardly be expected to board our cows at
a beef farm and then worship at our neighbor’s barn.
How
often was the ordinance used in the past?
We are the first people to have ever applied for a permit,
and the first who have ever been prosecuted for harboring
farm animals; although many persons have maintained farm
animals in the Village before us. The ordinance was not
enforced before our request for a permit.
What
is the text of the Farm Animal Ordinance?
“No farm animals such as cows, horses, pigs, sheep,
goats, chickens, ducks, or geese shall hereafter be kept,
maintained or harbored within the village of Angelica without
obtaining a permit therefore from the Village Board. No
such permission shall be granted unless the same are to
be kept and maintained within the limitations of the owner’s
property. “
“No permit shall be required if the owners property
comprises ten (10) or more acres in the Village or is adjunct
to a farm outside the Village comprising a total acreage
of ten (10) or more acres. “
“Any person violating any provisions of this Article
shall be liable to a penalty of not less than $3.00 nor
more than $10.00 for each day.”
Why
did the Village Board deny your first request for a permit?
First we were told that we had to have all of our neighbors
consent to obtain a permit. When, our attorney showed that
this was an unconstitutional delegation of the Boards decision-making
power, the Board changed the reason to “health and
safety.”
So,
the Village Board kept in changing the reasons for denial?
Yes, that’s right. For the first two years of our
struggle, there was no mention of health and safety. The
only reason given for denying our permit was that we did
not have the consent of all of our neighbors. It wasn’t
until this criterion was shown to be unconstitutional that
the Board changed horses and started using the term, health
and safety. That too was a bogus reason.
What
were these health and safety concerns?
The Village Board could not put forward any evidence showing
health or safety violations. We even got a letter from a
certified NY State Dairy Inspector that our farm had no
health and safety hazards. The Village Officials said that
our property was too small and that they were worried that
our cows might break out of their fence. Our cows have never
gotten loose, however, the beef cows from the farm next
door get loose all the time, and no one is worried about
them.
Why
isn’t the commercial beef farm next door a health
and safety risk?
A few of our neighbors have made ridiculous complaints about
our cows, fearing that they might get our and harm their
dogs and grandchildren, (hello, cows eat lawns). These neighbors
property also borders the beef farm; yet, they claim that
the beef cows do not worry them. This is religious discrimination.
If
everyone claimed a religious exemption, wouldn’t religion
become
a law unto itself?
The US Supreme Court has described two situations in which
Courts cannot ignore a laws burden on religious practice,
where the law appears to be facially neutral. The first
situation is where a law has built into it exemptions requiring
individual assessments, (like the animal permit exemption).
The second is a ‘hybrid rights’ claim, where
the law burdens not only freedom of religion, but also other
important constitutional protections, such as freedom of
speech.
How
is your case a ‘Hybrid Rights’ case?
We protect our cows for religious reasons, and because we
want to set a practical example of the Hindu Vedic culture.
We invite public interaction with our cows and oxen, and
this is just as important to us as the rights of Jehovah
Witness’s and other Christian groups who preach door
to door. If we are disallowed to keep cows on our property,
then our rights of Freedom of Speech and of Assembly are
violated along with our rights to practice our religion.
How
can Courts tell when Local Governments are being discriminatory
against a religious practice?
US Federal Courts have held, ‘If a state creates a
mechanism [for exemptions], its refusal to extend an exemption
to an instance of religious hardship suggests a discriminatory
intent.’
How
were you Denied Due Process?
At the bench trial for the mandatory permanent injunction
in May of 2003, we were not given a chance to finish our
defense in the injunction case, nor were we allowed to bring
forward our countersuit against the Village for deprivation
of Federally Guaranteed Rights to practice religion, possess
property and contract. After the Village’s witnesses
had finished testifying, the Judge stated that he did not
need to hear our testimony, or that of our expert witness,
because the Village had failed to prove any nuisance. He
then went on to grant the injunction and in effect deny
our counter suit without having heard testimony or evidence
from our side.
If
the Judge found that your cows were not causing a nuisance
to the Village,
then why did he grant the injunction?
We had been convicted of “Harboring Farm Animals Without
a Permit” in the Village Court. The Judge who granted
the injunction said that this violation was enough reason
to sustain the injunction. He wouldn’t give us time
to explain that we had leased twelve acres down the block,
and therefore we were exempt from the permit requirement.
Did
the Judge really forbid you to bring up the topic of religion
in court?
Yes, the Judge said that the injunction case had nothing
to do with religion, because the issue had (supposedly)
been decided already in a lower Court. The Judge threatened
our attorney with sanctions if he mentioned one word about
Religion during the trial.
What
happened to your plans to seek asylum in India?
We never followed through, because we received an invitation
to relocate to the Laxmi Cow Sanctuary in Bangor PA, by
the kind invitation of Dr. Sankar Shastri. We are very grateful
to Dr. Shastri for inviting us to spend the summer and fall
of 2003 with the cows at his Sanctuary, where we learned
a lot and met many wonderful people.
Why
did you return to Angelica, where you have had all this
trouble?
The Laxmi Cow Sanctuary did not have quite enough facility
in the barn for our cows to stay over the winter months.
We also felt that it was imperative to stand up to the bigotry,
bias and blatant violations of our civil rights. That is
why we are undertaking to appeal the injunction which bans
revered cows on one side of the fence, and allows beef cows
on the other.
Why
do you think you will win this time?
The denial of justice is obvious from the fact that the
judge in the trial court did not allow a full hearing and
failed to give us the proper “due process”.
Once we have a chance to make our case, we can explain that
we had leased twelve acres down the block, and therefore
we were exempt from the permit requirement.
This will be the first time we have had a chance to address
our case in a Court located out of the area. Local Judges
are elected, and very few will risk their position by standing
up for the rights of a religious minority. The local Village
Justices and the County Judges that heard our cases have
not given any serious consideration to the important First
Amendment Issues brought before them. If justice is to be
served, it will have to be done in a higher Court. That
is why we are pursuing the appeal to the Appellate Division’s
Fourth Department.
What
are your future plans?
We would like to practice a model Vedic Agrarian lifestyle
with cows and god at the center of it. We would like to
continue our efforts to educate the public about the importance
of cow protection in Hindu Vedic Culture and to help provide
support systems for those who want to implement this practice
in their own lives. We have many creative ideas for popularizing
cow protection, such as providing newsletters, video documentaries.
We would like to travel with our animals to religious and
cultural events, and work with other organizations to encourage
scientific studies investigating the voracity of the statements
contained in the Vedas regarding the many benefits accrued
to society from protecting cows. We are actively looking
for institutions and like-minded individuals who would like
to work in cooperation with our family to achieve these
shared goals.
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