Minutus

The accusation was "offering to treat an animal patient for a fee" to which they added many more accusations, after dicovery (documetary evidence allowed) was closed. Not did they state their evidence as required by statute. Nor did they have jurisdiction, my email was to CA not someone in WA.

What I actually did was offer to find constitutioanal remedy/type of a cat, no fee was involved nor any remedy.
The consult offer was declined, but was shown to a vet in CO who filed against me in three states and with AVMA.

The "Program" (Assistant Attorney General of WA runs a "program" to accuse, litigate and prosecute people practicing medicne without a license, issue cease and desist orders and implement $1000 a day fines.)
They invented what they claim I did, said it was clearly against the law and asked the judge for a declaratio of guilty without any trial on the principle that the case was such an obvious violation. Judge granted the summary j udgement to the Program and the actual Judgement wording is coming by mail, so I do not know what fines I will have yet or what orders I will have re my website and use of homeopathy (and they WILL charge $1000 aday for sure form when I get the judgement - for any noncompliance so I must be ready to hop.

........Irene
REPLY TO: only
--
Irene de Villiers, B.Sc AASCA MCSSA D.I.Hom/D.Vet.Hom.
P.O. Box 4703 Spokane WA 99220.
www.angelfire.com/fl/furryboots/clickhere.html (Veterinary Homeopath.)
"Man who say it cannot be done should not interrupt one doing it."

It does apply and we did use that argument among many legal ones but apparently anything from my side was just ignored as nonexistent. ALso interstate commerce is not to be abridged by state policing - also ignored. Jurisdiction is only in WA, and nobody in WA saw my email or could have been affected by it. But most of all I did not do anything that comes under the practice of vet medicine act. I was convicted on substituted lies and invented opinions and witness purjury by the state and its witnesses.
Crazy isn't it.
Namaste,
Irene

REPLY TO: only
--
Irene de Villiers, B.Sc AASCA MCSSA D.I.Hom/D.Vet.Hom.
P.O. Box 4703 Spokane WA 99220.
www.angelfire.com/fl/furryboots/clickhere.html (Veterinary Homeopath.)
"Man who say it cannot be done should not interrupt one doing it."

What about legal aid. What about calling a local law school and asking if
they want to take the case pro bono for their students(along with a certified
teacher/attorney from the school)? Any naturopath schools there that might be
willing to go to media with you. and gather lots of people to form a stink at
the courthouse. Who else has something to fear from tactics like this....How
about the school where you got your degree...any affiliations there that might
have legal connections? There must be a least one multi-millionaire pet lover
who uses homeopathy....how to find that person?

some very good suggestions
t
From: Carol Orr
Sent: Saturday, December 28, 2013 2:25 PM
To: minutus@yahoogroups.com
Subject: [Minutus] Re: Summary Judgement Against Me without even a hearing

What about legal aid. What about calling a local law school and asking if
they want to take the case pro bono for their students(along with a certified
teacher/attorney from the school)? Any naturopath schools there that might be
willing to go to media with you. and gather lots of people to form a stink at
the courthouse. Who else has something to fear from tactics like this....How
about the school where you got your degree...any affiliations there that might
have legal connections? There must be a least one multi-millionaire pet lover
who uses homeopathy....how to find that person?

Irene,
I'm so very sorry to hear this. Summary judgments are usually difficult to obtain ... if one is dealing with a real court that hasn't been subjected to extra-judicial influence.
Obviously, an appeal costs too much, and would probably not be productive, because you'd be playing by the rules of a tainted system. Can you go outside the rules? To the press, to the lawyers who obtained a judgment against the Quackbusters in California, to one of the online petition groups (Change.org., Avaaz, etc.)? Have you contacted the National Center for Homeopathy about your case?
Interesting that the ruling came even before the hearing. How often has this particular judge behaved this way (and how often has he been overturned)?
Peace,
Dale

Irene,
This is beginning to remind me of something my first husband, a lawyer, and I were involved in many years ago when we befriended a breeder of Rhodesian Ridgebacks. Another breeder, who was on the papers as co-owner of our friend's bitch, was holding up papers on her puppies. The pups were getting larger, getting hungrier, and could not be sold.
We hired a lawyer, who did zip, and appealed to the AKC. There was no valid reason for withholding papers, as there was no dispute about when and to whom the bitch had been bred. So according to AKC bylaws, the papers should have been released as a matter of course. But they weren't.
We started making noises about anti-trust implications, and the AKC promptly folded. As we knew, not long before they'd been forced out of the business of licensing handlers by lack of due process.
That would seem to apply in your case as well. Have you contacted the Anti-Trust Division of the Justice Department to complain about the AVMA depriving you of your livelihood without due process?
Peace,
Dale

I am working on getting help. A lawyer in another state has offered to give advice but can not take the case not being licenced in WA. I am gratefl for all the help I can get.
Last time I asked for pro bono help form the Justice project locally there was a waiting list of 6 monts and then I was interviewed by 2 different students both of whom them disappeared and my requests for more help met witih no response. (That was the first time i was accused of practicing vet med without licencse, in 2003. My own letter was accepted to end that case.)

Specifically here, Thank you for brainstorming for ideas for me:
It should apply - morally - but legally - but there is now a Whistleblower law in place in WA to protect whoever complains against someone clamed to be practicing vet med without license. SO the vet in CO who did so - Sacha Mace (who graduated vet school this century and has practisded in at least 8 states I know of since that)
is protected from prosecution by statute and so also is the WA health dept both as a state peron/dept and individually. So WA law has closed that door firmly - they are all above the law.

Again it shodul be - even by statute - WA laws favor competition in so many words by legislative intent. ALso very defiitely the way they are "interpreting" the POVm statute (POVM practice of veterinary medicine)
is exclusionary making the statute "overbreadth" by excluding all other forms of health profession.

WA has this law wording:

Chapter 18.120 RCW
REGULATION OF HEALTH PROFESSIONS — CRITERIA
18.120.010
Purpose — Criteria.
(1) The purpose of this chapter is to establish guidelines for the regulation of health professions not licensed or regulated prior to July 24, 1983.
....
The legislature believes that all individuals should be permitted to enter into a health profession unless there is an overwhelming need for the state to protect the interests of the public by restricting entry into the profession. Where such a need is identified, the regulation adopted by the state should be set at the least restrictive level consistent with the public interest to be protected.
__________________________

It also says as regards practice of medicine license required that:
18.92.060
Licensing exemptions.
Nothing in this chapter applies to:
..
(2) A person practicing veterinary medicine upon his or her own animal;
....
(8) An owner being assisted in practice by some other person gratuitously;
_________________________________
Another WA health profession statute, bearing in mind I went to a lot of troube to be sure I was not violating the rules:
WAC 246-10-113
Good faith requirement.
Good faith shall be the standard for compliance with these rules. Failure to make a good faith effort to comply with these rules shall be grounds for sanctions as provided in this chapter.
___________________________________________

The summary judgement makes no sense to me.
Well yes but I was not trying to help a pet in WA, my email Offer of finding constitutioal type (and which is not prognosis, diagnosis prescrption or treatment of a disease - that being WA POVM) went to CA, and the state only has jurisdiction in WA, so that makes this even more weird.

Namaste,
Irene

REPLY TO: only
--
Irene de Villiers, B.Sc AASCA MCSSA D.I.Hom/D.Vet.Hom.
P.O. Box 4703 Spokane WA 99220.
www.angelfire.com/fl/furryboots/clickhere.html (Veterinary Homeopath.)
"Man who say it cannot be done should not interrupt one doing it."

I will brainstorm all the ideas I cxan assemble and se what looks best once I get the judgemente wording.
Thanks for these, do you happen to know a lead to find the lawyers who went after the quackbusters in CA?
Not yet.

It was clearly contrived and planned. They kept sending demands to answer allegations etc (since July last year in documlents up to 160 pages long full of invented things I never went near doing and which they claimed to be findings of undisputed fact - to be answered within 5 days always contrived over a weekend and/or holiday) and kept making excuses to delay but also ensured that when a document needed an answer, it was over a weekend or Thanksgiving and even over Xmas and always too many thigs to answer or provide in the time.
My request for extended time due to my being disabled was denied.

For example, they have been agreeing to a meeting to consider a settlement for a long time and kept changing the date they agreed for this meeting, putting it off - then finally Monday night (last week and knowing I'd be out of town Wed and Thurs over Xmas) they rescheduled that meeting for 3.15 pm Friday and told me to rewrite my website pages and my consult contract offer form, all to submit as part of the settlement consideration with the judge at 3.15pm. SO - instead of Xmas....you know what I was going crazy trying to so and not able to do in the time - you get the idea, but I had the settlement terms ready to negotiate with some new wording for 3.15pm gettign no sleep.
SO then the judge's SECRETATY phones my lawyer at 3pm and says no settlement meeting will happen with him in 15 mins time as summary judgement has been made instead - and the hearing on 13/14 Jan as well as the prehearing conference supposed to also be last Friday, were cancelled.
I doubt it is the judge who is culpable here or of he is just pleasig the AAG for the healt Dept who is notorious for this, Gail Yu.
One got overturned, but it had to go to the state supreme court at great cost to do so.
One got settled also at great cost. Gail Yu went for a doctor using a device to measure electromagnetic fields approved by FDA (EFT or some similar acronym). She did that right after she had gotten the maximum $144,000 fine from an unloicenced person using hte device on grounds of his practicing medicine withot a licence. The doctor was accused of using it as inappropriate for a licenced person to use as outdie proper practice within his license (do not know exact legal term used) .
He got settlement eventually based on the inconsistency that leaves no room with or without licence to use an FDA approved item.

The reason Gail YU is the problem IMO is that AAG's job is to interpret the law. It is HER "interpretations" that result in the "uncontested findings of fact" that she invents into her requests for summary judgement. The judge then by law has these "undisputed/uncontested facts" - as Gail Yu presents them to the judge - by which summary judgement may be applied.
BUT he also has my response to them - clearly ignored.
Many judges report directly to Gail Yu also. Not sure if Roam Dixon does or if he is in a "next door" dept. The excuse from Gail Yu for using a Health Dept (where she is chief) judge has been that other judges may not know enough about health.
Her job as Health Dept AAG, is to interpret the law to protect the health of the people and animals of WA, and to implememnt the stated objectives and goal short term asnd longe term, of the dept - which for example include as the highest priority goal - looking for ways to reduce the incidence of chronic disease.

THe young cat in CA with chronic kidney disease and the chronic disease FIP (in JUly 2012), neither of which have any veterinary treatments to improve them much less cure them, and whose owner declined my offer to find a constitutional remedy match for her cat, whether she and her or her vet chose to obtain and use it or not - died a year ago.

THis is all supposed to make sense in the year 2013? (or is it 1320 and I am dyslexic)

Namaste,
Irene

REPLY TO: only
--
Irene de Villiers, B.Sc AASCA MCSSA D.I.Hom/D.Vet.Hom.
P.O. Box 4703 Spokane WA 99220.
www.angelfire.com/fl/furryboots/clickhere.html (Veterinary Homeopath.)
"Man who say it cannot be done should not interrupt one doing it."

WA law has a similar clause and we did invoke it, but the response was something to the tune that I had a right to my profession but not a primary one (whatever that was supposed to mean).

Federal issues can be argued on appeal. Lots of them.
Restrait of interstate commerce for example, is section one the US constitution. By US constituion my interstate commerce in CA and which always excludes WA, may not be abridged by state "policing" as the interest of the state is deemed less than the interest in interstate commerce. The only excuse they had for jurisdiction in WA was the poor one that my computer is in WA and is the medical equipment I used in offering to practice medicine via an email to CA - not any safety or health issue to people of WA who could not possibly be affected.
Irene

REPLY TO: only
--
Irene de Villiers, B.Sc AASCA MCSSA D.I.Hom/D.Vet.Hom.
P.O. Box 4703 Spokane WA 99220.
www.angelfire.com/fl/furryboots/clickhere.html (Veterinary Homeopath.)
"Man who say it cannot be done should not interrupt one doing it."

Irene,

I would subscribe to the lists where French, Italian, German homeopaths frequent and post on there. Your case will certainly resonate with the Germans as in living memory there were state activities similar to what is being directed towards you. They occurred in the kangaroo courts under Hr. Freisler during the WW2. These were political courts which conducted themselves with little regard for 'due process' and fairness.

I wouldn't use any strong language or remark on the similarities as above as many will that themselves. See if you can get help there as there may be international contacts that can be useful.

All I can say is 'they' must be very worried if they are investing so much time and trouble into getting at you......
J

________________________________

From: Irene de Villiers
To: minutus@yahoogroups.com
Sent: Sunday, 29 December 2013, 12:00
Subject: Re: [Minutus] Summary Judgement Against Me without even a hearing
I will brainstorm all the ideas I cxan assemble and se what looks best once I get the judgemente wording.
Thanks for these, do you happen to know a lead to find the lawyers who went after the quackbusters in CA?
Not yet.

It was clearly contrived and planned. They kept sending demands to answer allegations etc (since July last year in documlents up to 160 pages long full of invented things I never went near doing and which they claimed to be findings of undisputed fact - to be answered within 5 days always contrived over a weekend and/or holiday) and kept making excuses to delay but also ensured that when a document needed an answer, it was over a weekend or Thanksgiving and even over Xmas and always too many thigs to answer or provide in the time.
My request for extended time due to my being disabled was denied.

For example, they have been agreeing to a meeting to consider a settlement for a long time and kept changing the date they agreed for this meeting, putting it off - then finally Monday night (last week and knowing I'd be out of town Wed and Thurs over Xmas) they rescheduled that meeting for 3.15 pm Friday and told me to rewrite my website pages and my consult contract offer form, all to submit as part of the settlement consideration with the judge at 3.15pm. SO - instead of Xmas....you know what I was going crazy trying to so and not able to do in the time - you get the idea, but I had the settlement terms ready to negotiate with some new wording for 3.15pm gettign no sleep.
SO then the judge's SECRETATY phones my lawyer at 3pm and says no settlement meeting will happen with him in 15 mins time as summary judgement has been made instead - and the hearing on 13/14 Jan as well as the prehearing conference supposed to also be last Friday, were cancelled.
I doubt it is the judge who is culpable here or of he is just pleasig the AAG for the healt Dept who is notorious for this, Gail Yu.
One got overturned, but it had to go to the state supreme court at great cost to do so.
One got settled also at great cost. Gail Yu went for a doctor using a device to measure electromagnetic fields approved by FDA (EFT or some similar acronym). She did that right after she had gotten the maximum $144,000 fine from an unloicenced person using hte device on grounds of his practicing medicine withot a licence. The doctor was accused of using it as inappropriate for a licenced person to use as outdie proper practice within his license (do not know exact legal term used) .
He got settlement eventually based on the inconsistency that leaves no room with or without licence to use an FDA approved item.

The reason Gail YU is the problem IMO is that AAG's job is to interpret the law. It is HER "interpretations" that result in the "uncontested findings of fact" that she invents into her requests for summary judgement. The judge then by law has these "undisputed/uncontested facts" - as Gail Yu presents them to the judge - by which summary judgement may be applied.
BUT he also has my response to them - clearly ignored.
Many judges report directly to Gail Yu also. Not sure if Roam Dixon does or if he is in a "next door" dept. The excuse from Gail Yu for using a Health Dept (where she is chief) judge has been that other judges may not know enough about health.
Her job as Health Dept AAG, is to interpret the law to protect the health of the people and animals of WA, and to implememnt the stated objectives and goal short term asnd longe term, of the dept - which for example include as the highest priority goal - looking for ways to reduce the incidence of chronic disease.

THe young cat in CA with chronic kidney disease and the chronic disease FIP (in JUly 2012), neither of which have any veterinary treatments to improve them much less cure them, and whose owner declined my offer to find a constitutional remedy match for her cat, whether she and her or her vet chose to obtain and use it or not - died a year ago.

THis is all supposed to make sense in the year 2013? (or is it 1320 and I am dyslexic)

Namaste,
Irene

REPLY TO: only
--
Irene de Villiers, B.Sc AASCA MCSSA D.I.Hom/D.Vet.Hom.
P.O. Box 4703 Spokane WA 99220.
www.angelfire.com/fl/furryboots/clickhere.html (Veterinary Homeopath.)
"Man who say it cannot be done should not interrupt one doing it."