.
Documents Cited in the Supreme Court Ruling - 1
4
Hialeah Resolutions and Ordinances (1987)
City of Hialeah, Florida, Resolution No. 87-66, adopted June 9, 1987, provides:
    WHEREAS, residents and citizens of the City of Hialeah have expressed their concern that certain religions may propose to engage in practices which are inconsistent with public morals, peace or safety, and
    WHEREAS, the Florida Constitution, Article I, Declaration of Rights, Section 3, Religious Freedom, specifically states that religious freedom shall not justify practices inconsistent with public morals, peace or safety.
    NOW, THEREFORE, BE IT RESOLVED BY THE MAYOR AND CITY COUNCIL OF THE CITY OF HIALEAH, FLORIDA, that:
     1. The City reiterates its commitment to a prohibition against any and all acts of any and all religious groups which are inconsistent with public morals, peace or safety.

City of Hialeah, Florida, Ordinance No. 87-40, adopted June 9, 1987, provides:
    WHEREAS, the citizens of the City of Hialeah, Florida, have expressed great concern over the potential for animal sacrifices being conducted in the City of Hialeah; and
     WHEREAS, Section 828.27, Florida Statutes, provides that 'nothing contained in this section shall prevent any county or municipality from enacting any ordinance relating to animal control or cruelty to animals which is identical to the provisions of this Chapter . . . except as to penalty.'
     NOW, THEREFORE, BE IT ORDAINED BY THE MAYOR AND CITY COUNCIL OF THE CITY OFHIALEAH, FLORIDA, that:
    Section 1. The Mayor and City Council of the City of Hialeah, Florida, hereby adopt Florida Statute, Chapter 828 -- 'Cruelty to Animals' (copy attached hereto and made a part hereof), in its entirety (relating to animal control or cruelty to animals), except as to penalty.
    Section 2. Repeal of Ordinances in Conflict.
    All ordinances or parts of ordinances in conflict herewith are hereby repealed to the extent of such conflict.
    Section 3. Penalties.
    Any person, firm or corporation convicted of violating the provisions of this ordinance shall be punished by a fine, not exceeding $500.00, or by a jail sentence, not exceeding sixty (60) days, or both, in the discretion of the Court.
    Section 4. Inclusion in Code.
    The provisions of this Ordinance shall be included and incorporated in the Code of the City of Hialeah, as an addition or amendment thereto, and the sections of this Ordinance shall be re numbered to conform to the uniform numbering system of the Code.
    Section 5. Severability Clause.
    If any phrase, clause, sentence, paragraph or section of this Ordinance shall be declared invalid or unconstitutional by the judge or decree of a court of competent jurisdiction, such invalidity or unconstitutionality shall not effect any of the remaining phrases, clauses, sentences, paragraphs or sections of this ordinance.
    Section 6. Effective Date.
    This Ordinance shall become effective when passed by the City Council of the City of Hialeah and signed by the Mayor of the City of Hialeah.

City of Hialeah Resolution 87-90, adopted August 11, 1987, provides:
    WHEREAS, the residents and citizens of the City of Hialeah, Florida, have expressed great concern regarding the possibility of public ritualistic animal sacrifices in the City of Hialeah, Florida; and
     WHEREAS, the City of Hialeah, Florida, has received an opinion from the Attorney General of the State of Florida, concluding that public ritualistic animal sacrifices is [sic] a violation of the Florida State Statute on Cruelty to Animals; and
     WHEREAS, the Attorney General further held that the sacrificial killing of animals other than for the primary purpose of food consumption is prohibited under state law; and
    WHEREAS, the City of Hialeah, Florida, has enacted an ordinance mirroring state law prohibiting cruelty to animals.
    NOW, THEREFORE, BE IT RESOLVED BY THE MAYOR AND CITY COUNCIL OF THE CITY OF HIALEAH, FLORIDA, that:
    Section 1. It is the policy of the Mayor and City Council of the City of Hialeah, Florida, to oppose the ritual sacrifices of animals within the City of Hialeah, FLorida [sic]. Any individual or organization that seeks to practice animal sacrifice in violation of state and local law will be prosecuted.

City of Hialeah, Florida, Ordinance 87-52, adopted September 8, 1987, provides:
    WHEREAS, the residents and citizens of the City of Hialeah, Florida, have expressed great concern regarding the possibility of public ritualistic animal sacrifices within the City of Hialeah, Florida; and
    WHEREAS, the City of Hialeah, Florida, has received an opinion from the Attorney General of theState of Florida, concluding that public ritualistic animal sacrifice, other than for the primary purpose of food consumption, is a violation of state law; and
    WHEREAS, the City of Hialeah, Florida, has enacted an ordinance (Ordinance No. 87-40), mirroring the state law prohibiting cruelty to animals.
    WHEREAS, the City of Hialeah, Florida, now wishes to specifically prohibit the possession of animals for slaughter or sacrifice within the City of Hialeah, Florida.
    NOW, THEREFORE, BE IT ORDAINED BY THE MAYOR AND CITY COUNCIL OF THE CITY OF HIALEAH, FLORIDA, that:
    Section 1. Chapter 6 of the Code of Ordinances of the City of Hialeah, Florida, is hereby amended by adding thereto two (2) new Sections 6-8 'Definitions' and 6-9 'Prohibition Against Possession Of Animals For Slaughter Or Sacrifice', which is to read as follows:
      Section 6-8. Definitions
          1. Animal -- any living dumb creature.
          2. Sacrifice -- to unnecessarily kill, torment, torture, or mutilate an animal in a public or private ritual or ceremony       not for the primary purpose of food consumption.
          3. Slaughter -- the killing of animals for food.
      Section 6-9. Prohibition Against Possession of Animals for Slaughter Or Sacrifice.
          1. No person shall own, keep or otherwise possess, sacrifice, or slaughter any sheep, goat, pig, cow or the young of       such species, poultry, rabbit, dog, cat, or any other animal, intending to use such animal for food purposes.
          2. This section is applicable to any group or individual that kills, slaughters or sacrifices animals for any type of ritual,       regardless of whether or not the flesh or blood of the animal is to be consumed.
          3. Nothing in this ordinance is to be interpreted as prohibiting any licensed establishment from slaughtering for food       purposes any animals which are specifically raised for food purposes where such activity is properly zoned and/or       permitted under state and local law and under rules promulgated by the Florida Department of Agriculture.
    Section 2. Repeal of Ordinance in Conflict.
    All ordinances or parts of ordinances in conflict herewith are hereby repealed to the extent of such conflict.
    Section 3. Penalties.
    Any person, firm or corporation convicted of violating the provisions of this ordinance shall be punished by a fine, not exceeding $500.00, or by a jail sentence, not exceeding sixty (60) days, or both, in the discretion of the Court.
    Section 4. Inclusion in Code.
    The provisions of this Ordinance shall be included and incorporated in the Code of the City of Hialeah, as an addition or amendment thereto, and the sections of this Ordinance shall be re numbered to conform to the uniform numbering system of the Code.
    Section 5. Severability Clause.
    If any phrase, clause, sentence, paragraph or section of this Ordinance shall be declared invalid or unconstitutional by the judgement or decree of a court of competent jurisdiction, such invalidity or unconstitutionality shall not effect any of the remaining phrases, clauses, sentences, paragraphs or sections of this ordinance.
    Section 6. Effective Date.
    This Ordinance shall become effective when passed by the City Council of the City of Hialeah and signed by the Mayor of the City of Hialeah.

City of Hialeah, Florida, Ordinance 87-71, adopted September 22, 1987, provides:
    WHEREAS, the City Council of the City of Hialeah, Florida, has determined that the sacrificing of animals within the city limits is contrary to the public health, safety, welfare and morals of the community; and
    WHEREAS, the City Council of the City of Hialeah, Florida, desires to have qualified societies or corporations organized under the laws of the State of Florida, to be authorized to investigate and prosecute any violation(s) of the ordinance herein after set forth, and for the registration of the agents of said societies.
    NOW, THEREFORE, BE IT ORDAINED BY THE MAYOR AND CITY COUNCIL OF THE CITY OF HIALEAH, FLORIDA, that:
    Section 1. For the purpose of this ordinance, the word sacrifice shall mean: to unnecessarily kill, torment, torture, or mutilate an animal in a public or private ritual or ceremony not for the primary purpose of food consumption.
    Section 2. For the purpose of this ordinance, the word animal shall mean: any living dumb creature.
    Section 3. It shall be unlawful for any person, persons, corporations or associations to sacrifice any animal within the corporate limits of the City of Hialeah, Florida.
    Section 4. All societies or associations for the prevention of cruelty to animals organized under the laws of the State of Florida, seeking to register with the City of Hialeah for purposes of investigating and assisting in the prosecution of violations and provisions [sic] of this Ordinance, shall apply to the City Council for authorization to so register and shall be registered with the Office of the Mayor of the City of Hialeah, Florida, following approval by the City Council at a public hearing in accordance with rulesand regulations (i.e., criteria) established by the City Council by resolution, and shall thereafter, be empowered to assist in the prosection of any violation of this Ordinance.
    Section 5. Any society or association for the prevention of cruelty to animals registered with the Mayor of the City of Hialeah, Florida, in accordance with the provisions of Section 4 hereinabove, may appoint agents for the purposes of investigating and assisting in the prosection of violations and provisions [sic] of this Ordinance, or any other laws of the City of Hialeah, Florida, for the purpose of protecting animals and preventing any act prohibited hereunder.
    Section 6. Repeal of Ordinances in Conflict.
    All ordinances or parts of ordinances in conflict herewith are hereby repealed to the extent of such conflict.
    Section 7. Penalties.
    Any person, firm or corporation convicted of violating the provisions of this ordinance shall be punished by a fine, not exceeding $500.00, or by a jail sentence, not exceeding sixty (60) days, or both, in the discretion of the Court.
    Section 8. Inclusion in Code.
    The provisions of this Ordinance shall be included and incorporated in the Code of the City of Hialeah, as an addition or amendment thereto, and the sections of this Ordinance shall be re numbered to conform to the uniform numbering system of the Code.
    Section 9. Severability Clause.
    If any phrase, clause, sentence, paragraph or section of this Ordinance shall be declared invalid or unconstitutional by the judgment or decree of a court of competent jurisdiction, such invalidity or unconstitutionality shall not effect any of the remaining phrases, clauses, sentences, paragraphs or sections ofthis Ordinance.
    Section 10. Effective Date.
    This Ordinance shall become effective when passed by the City Council of the City of Hialeah and signed by the Mayor of the City of Hialeah.

City of Hialeah, Florida, Ordinance No. 87-72, adopted September 22, 1987, provides:
    WHEREAS, the City Council of the City of Hialeah, Florida, has determined that the slaughtering of animals on the premises other than those properly zoned as a slaughter house, is contrary to the public health, safety and welfare of the citizens of Hialeah, Florida.
    NOW, THEREFORE, BE IT ORDAINED BY THE MAYOR AND CITY COUNCIL OF THE CITY OF HIALEAH, FLORIDA, that:
    Section 1. For the purpose of this Ordinance, the word slaughter shall mean: the killing of animals for food.
    Section 2. For the purpose of this Ordinance, the word animal shall mean: any living dumb creature.
    Section 3. It shall be unlawful for any person, persons, corporations or associations to slaughter any animal on any premises in the City of Hialeah, Florida, except those properly zoned as a slaughter house, and meeting all the health, safety and sanitation codes prescribed by the City for the operation of a slaughter house.
    Section 4. All societies or associations for the prevention of cruelty to animals organized under the laws of the State of Florida, seeking to register with the City of Hialeah for purposes of investigating and assisting in the prosecution of violations and provisions [sic] of this Ordinance, shall apply to the City Council for authorization to so register and shall beregistered with the Office of the Mayor of the City of Hialeah, Florida, following approval by the City Council at a public hearing in accordance with rules and regulations (i.e., criteria) established by the City Council by resolution, and shall thereafter, be empowered to assist in the prosection of any violations of this Ordinance.
    Section 5. Any society or association for the prevention of cruelty to animals registered with the Mayor of the City of Hialeah, Florida, in accordance with the provisions of Section 4 hereinabove, may appoint agents for the purposes of investigating and assisting in the prosection of violations and provisions [sic] of this Ordinance, or any other laws of the City of Hialeah, Florida, for the purpose of protecting animals and preventing any act prohibited hereunder.
    Section 6. This Ordinance shall not apply to any person, groups or organization that slaughters, or processes for sale, small numbers of hogs and/or cattle per week in accordance with an exemption provided by state law.
    Section 7. Repeal of Ordinances in Conflict.
    All ordinances or parts of ordinances in conflict herewith are hereby repealed to the extent of such conflict.
    Section 8. Penalties.
    Any person, firm or corporation convicted of violating the provisions of this ordinance shall be punished by a fine, not exceeding $500.00, or by a jail sentence, not exceeding sixty (60) days, or both, in the discretion of the Court.
     Section 9. Inclusion in Code.
    The provisions of this Ordinance shall be included and incorporated in the Code of the City of Hialeah, as an addition or amendment thereto, and the sections of this Ordinance shall be re fnumbered to conform to the uniform numbering system of the Code.
    Section 10. Severability Clause.
 

    If any phrase, clause, sentence, paragraph or section of this Ordinance shall be declared invalid or unconstitutional by the judgment or decree of a court of competent jurisdiction, such invalidity or unconstitutionality shall not effect any of the remaining phrases, clauses, sentences, paragraphs or sections of this ordinance.
    Section 11. Effective Date.
    This Ordinance shall become effective when passed by the City Council of the City of Hialeah and signed by the Mayor of the City of Hialeah.

Hialeah Ordinances
FlaStat 585
FlaStat 826
310 So2d 42
7 USC 1901-5
721 F2nd 729
688 FSupp 1522
723 FSupp 1469
Bill of Rights
XIV Amendment
Petitioners' Brief
Respondants' Brief
Petitioners' Reply Brief
Francione Brief
Oral Arguments
Scalia Opinion
Souter Opinion
Blackmun Opinion
Encyclopedia of  the American Religious Experience, Vol. 1
Encyclopedia of Religion, Vol. 7
Encyclopedia of Religion, Vol. 12
Encyclopedia of Religion, Vol. 13
Encyclopedia Judaica, Vol. 14
Concise Encyclopedia of Islam
Biblical Quotations
Webster's 3rd International Dictionary
Web View
(Access to All Screens)