131 Conn. App. 388
Conn. App. Ct.2011Background
- Police found evidence of cockfighting at a Waterbury property after receiving a complaint and obtaining a search warrant.
- Bonilla was arrested at the scene and found in possession of $905.
- He was charged with cruelty to animals under § 53-247(c)(4), cruelty to animals under § 53-247(c)(5), and gambling under § 53-278b(a).
- Bonilla entered a nolo contendere to § 53-247(c)(4) with a conditional right to appeal the constitutional challenges raised in his motion to dismiss.
- The trial court sentenced him to three years’ imprisonment, execution suspended, and three years of conditional discharge.
- Bonilla appeals contending § 53-247(c)(4) violates First Amendment rights and the Equal Protection Clause.
Issues
| Issue | Plaintiff's Argument | Defendant's Argument | Held |
|---|---|---|---|
| Whether § 53-247(c)(4) violates the First Amendment | Bonilla argues spectators at cockfights engage in protected assembly/association | Bonilla claims the statute improperly criminalizes merely being a spectator | Statute does not violate First Amendment rights |
| Whether § 53-247(c)(4) violates equal protection | Spectators at cockfights are punished while spectators of other unlawful acts are not | Different evils justify a rational basis classification | Statute withstands rational basis review |
| Whether the knowledge element in § 53-247(c)(4) satisfies due process and limits overbreadth | Not explicitly needed beyond prior claims | Knowledge requirement ensures not all spectators are punished | Knowledge requirement supports constitutionality |
Key Cases Cited
- State v. St. Louis, 128 Conn.App. 703, 18 A.3d 648 (Conn. App. 2011) (de novo review of denial of motion to dismiss)
- De Jonge v. Oregon, 299 U.S. 353 (U.S. 1937) (right to peaceable assembly fundamental)
- Roberts v. United States Jaycees, 468 U.S. 609 (U.S. 1984) (two senses of freedom of association)
- Dallas v. Stanglin, 490 U.S. 19 (U.S. 1989) (association not protected where not expressive or intimate)
- Board of Directors of Rotary International v. Rotary Club, 481 U.S. 537 (U.S. 1987) (expressive association protection guidance)
- People v. Bergen, 883 P.2d 532 (Colo. App. 1994) (knowing presence of spectators furthers illicit activity)
- Arnold v. North Carolina, 147 N.C. App. 670, 557 S.E.2d 119 (N.C. App. 2001) (spectator at dog fighting not protected where unlawful purpose)
- State v. Schultz, 100 Conn. App. 709, 921 A.2d 595 (Conn. App. 2007) (rational basis review framework)