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Q & A: The Truth About Cockfighting in New Mexico


Don’t these birds fight naturally?
Roosters exhibit territorialism and dominance behavior common to many male animals. However, equating cockfighting with these natural instincts is akin to calling drive-by shootings an acceptable extension of territorialism in the human male. Establishment of a “pecking order” in chickens seldom results in serious injury.

Why should cockfighting be punishable as a fourth degree felony?
Dog fighting has been punishable as a fourth degree felony in New Mexico since 1981. In 1999, the legislature wisely made intentional cruelty to animals a fourth degree felony, recognizing that intentionally hurting animals was a serious crime. Cockfighting is no different in deserving the same status. It is a cruel and violent activity that results in the intentional harming and killing of roosters for entertainment. Further, making cockfighting activities a fourth degree felony is also important because if the penalty for cockfighting is only a misdemeanor, the small expense of a fine only becomes part of the cost of doing business and will not serve as a deterrent to those engaging in the activity.

Is gambling taking place at these events? Is that legal?
New Mexico law prohibits gambling at cockfighting events. However, illegal side bets are a standard part of cockfighting. Evidence of this type of illegal gambling was documented during an undercover investigation by a New Mexico television station.

Why not let the counties decide if they want to allow or ban cockfighting?  
As long as cockfighting is allowed anywhere in the state, it is a black mark on all of New Mexico. The results of a January 2001 public opinion poll in New Mexico clearly show that support for a statewide ban is overwhelming throughout the state. The Legislature has addressed similar issues, such as dog fighting, and should not lay the burden of banning this blood sport on counties.

How does cockfighting impact children?
Many cockfighters bring their young children with them to the fights. Some cockfighting enthusiasts have gone so far as to claim cockfighting keeps their children out of gangs and off drugs, as if they were their children’s only options. In reality, children watching cockfights can learn that it is ok to be cruel just for fun and become accustomed to violence. The link between cruelty to animals and violence toward humans is undeniable. To teach our state’s children to be compassionate members of society, adults need to set good examples, not condone cruel, violent entertainment.

Won’t banning cockfighting simply push the activity underground?
This is not, and never has been, an adequate reason not to enact a law. Many illegal activities continue—drug trafficking, murder, robbery—even though laws and public opinion oppose these activities. Besides, legal cockfights are already carried out in secret, far from the scrutinizing public eye.

Is cockfighting important to new mexico’s economic development?
Our economic development should not be tied to cruelty to animals and disregard for the law. Any money that cockfighting brings into the state is blood money, with much of it generated by illegal activities. The state is deprived of taxes from illegal gambling revenues generated at cockfights. Also, New Mexico’s continued acceptance of cockfighting is likely to encourage illegal activity as federal law bars interstate transport of fighting birds–residents of neighboring states are no longer able to legally bring their roosters to New Mexico to fight.

Isn’t cockfighting a traditional activity?
Historically, cockfighting has not been identified with any particular culture or tradition.  It is thought to have originated in Asia, the birthplace of our domestic fowl, was the focus of betting in ancient Greek and Roman societies, and eventually became a favorite pastime of English nobility before being banned in 1835. That began the long tradition of outlawing cockfighting. Massachusetts was the first state to ban cockfighting in 1836. A total of 30 states enacted bans during the 1800’s with 13 more enacting bans prior to World War II. New Mexico and Louisiana are the only states that have not acted to stop this violent and cruel activity.

Isn’t cockfighting part of Hispanic culture in New Mexico, protected by the Treaty of Guadalupe Hidalgo?
This is not about culture; it is about cruelty. The majority of Hispanics (76%) questioned in a 2001 poll of New Mexican voters favored a ban on cockfighting. In fact, many Hispanics are offended that cockfighting is associated with their culture—to assume that people of a particular culture are more likely to engage in cockfighting is prejudicial. Furthermore, the Treaty of Guadalupe Hidalgo has nothing to do with cockfighting. A 2003 opinion from the Attorney General’s office agrees that cockfighting is not protected by the treaty. Cockfighting has been legally banned in every other state covered in the treaty. Cockfighting has also been banned in a number of Latin American countries including Costa Rica, Cuba, and Paraguay.

Why should it be illegal to attend a cockfight?
Money for prizes from cockfights comes from participation and attendance, which in turn provides the incentive to continue the activity.  The bill to ban cockfighting will make it a crime to attend or watch a cockfight without attempting to interfere or stop the killing contest.

Aren’t factory farmed animals treated worse than fighting roosters?
While the public is gaining a better understanding of the true conditions of animals raised in intensive confinement, as well as the poor environmental and labor practices of the poultry industry, that knowledge does not diminish concern about cockfighting. Concentrated animal feeding operations or factory farms have nothing to do with cockfighting. This is simply a way for cockfighting proponents to deflect criticism. The truth is, even the National Poultry Council has declared cockfighting to be inhumane.

If cockfighting is banned, won’t the rodeo, hunting, and ranching be next?
A cockfighting ban should be judged on its own merits and not on unsubstantiated fears. The fact is forty-eight states have banned cockfighting, most of them more than a century ago, and not one of them bans rodeo, hunting or ranching.

 


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