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Get The Cluck Out, Judge Orders Mr. Clucky and Girl-Hen

It's official.  Mr. Clucky, the Miami Beach rooster, his guinea hen girlfriend Wallflower, and their poultry guardian Mark Buckley lost their appeal in Miami Beach's chicken eviction case.

Special Master Joe Kaplan issued a fowl, anti-poultry ruling (see below) against Buckley today, holding that:

Mr. Buckley's argument that his rooster and hen constituted an exception to the [City] Code because he considered them to be his "pets", to be without merit.

Is it over for these fine feathered friends? Is their legal jig up on the streets of Miami Beach? 

Mr. Clucky and Wallflower have been officially ordered to get the cluck out of Buckley's Miami Beach condo.

Kaplan ordered that "Mr. Buckley shall be punished" by having to pay a $50.00 fine by Sept. 12, 2009.

Yikes!

If they don't, the City Attorney's Office can "take whatever steps are necessary to bring" Buckley's "violation of Section 10-15" of the City Code, or any continuation of this violation, into compliance."

Even worse, Kaplan authorized Miami Beach to get whatever "costs and expenses" it spent "in the investigation and prosecution" of the chicken evictions.  As any attorney knows, that means Buckley could be liable for paying the city's legal fees!

That's no small chicken feed for a guy who appears to eke out a living by riding his bike around Miami Beach amongst the hoi polloi, taking up a variety of social causes and "educat[ing] people about the powerful effects our food choices have on the environment."

As Buckley testified at the July 30, 2009 hearing, his animals are not foodstuff for carnivorous appetites: he's a vegetarian!

And what about the children "who fell in love with Mr. Clucky and he with them?" The Special Master's ruling might break their poor little hearts [sniff, sniff]

Pet eviction defense lawyers [full disclosure: that used to be me], take note.

You can read the new court ruling ordering Mr. Clucky and his girl-hen companion Wallflower to fly away from Buckley's condo here:


Photo credits: Mr. Clucky, via MySpace

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