Re: NANFA-L-- Interesting news article

Doug Gross (seiji64a-in-yahoo.com)
Thu, 27 Jul 2006 19:34:26 -0700 (PDT)

Ex post facto may not apply here, but according to the
article "...Ly was charged with importing freshwater
fish without a permit." He had the fish there since
he opened the store 15 years ago. I think the statue
of limitations for a charge of that nature would have
expired a some time ago.

Doug

--- "Brian J. Torreano" <headdarter-in-btdarters.com>
wrote:

> Derek,
> You are 100% correct! It is indeed
> unconstituional for someone to be
> busted for an action that was not illegal-in-the
> time they performed
> said action. Laws that make previously-committed
> actions illegal are
> called "ex post facto" laws. Article 1, Section 9
> of the U.S.
> Constitution says that, "No Bill of Attainder or EX
> POST FACTO Law
> shall be passed". So what the restaurant owner did
> was not illegal!
> In fact it's not illegal because he DIDN'T do
> anything. The article
> says that, "The koi had been on display since Ly
> opened the
> restaurant NEARLY 15 YEARS AGO..", and, "A FEW YEARS
> AGO, however,
> Maine outlawed the importation and possession of
> koi..". Because Ly
> imported and possessed the fish BEFORE the law went
> into effect, he
> was not breaking the law by continuing to own the
> fish. The
> officials who busted Ly should hope and pray that he
> doesn't take
> them to court, because he would CLEARLY win on this
> one!
>
> Brian
>
> Brian J. Torreano - Owner
> BTDarters
> Your on-line resource for American Darters and other
> native fish for the
> small to medium-sized aquarium!
> Web: http://www.btdarters.com
> Phone: (262) 268-7489
>
> >From: Derek Parr <derekparr-in-earthlink.net>
> >Reply-To: nanfa-l-in-nanfa.org
> >To: nanfa-l-in-nanfa.org
> >Subject: Re: NANFA-L-- Interesting news article
> >Date: Tue, 25 Jul 2006 13:36:49 -0400
> >
> >i was always under the impression that it was
> unconstitutional to bust
> >someone for doing something they did before the law
> against it was created.
> > Not that anyone cares about that outdated piece
> of paper any more.
> >
> >yet another example of the evils of
> self-righteousness I guess.
> >
> >-derek parr
> >chapel hill, nc
> >
> >
> >Bill Flowers wrote:
>
>>http://news.bostonherald.com/localRegional/view.bg?articleid=149770&format=&page=1
> / This is the discussion list of the North American
> Native Fishes
> / Association (NANFA). Comments made on this list do
> not necessarily
> / reflect the beliefs or goals of NANFA. For more
> information about NANFA,
> / visit http://www.nanfa.org Please make sure all
> posts to nanfa-l are
> / consistent with the guidelines as per
> / http://www.nanfa.org/guidelines.shtml To
> subscribe, unsubscribe, or get
> / help, visit the NANFA email list home page and
> archive at
> / http://www.nanfa.org/email.shtml
http://mail.yahoo.com
/-----------------------------------------------------------------------
/ This is the discussion list of the North American Native Fishes
/ Association (NANFA). Comments made on this list do not necessarily
/ reflect the beliefs or goals of NANFA. For more information about NANFA,
/ visit http://www.nanfa.org Please make sure all posts to nanfa-l are
/ consistent with the guidelines as per
/ http://www.nanfa.org/guidelines.shtml To subscribe, unsubscribe, or get
/ help, visit the NANFA email list home page and archive at
/ http://www.nanfa.org/email.shtml