Groups say online marketplace for handmade and vintage goods should not be trafficking cockfighting gaffs – a felony offense under federal law
WASHINGTON, D.C. — The Center for a Humane Economy and Animal Wellness Action have issued a formal demand letter to Etsy, the popular web-based marketplace for handmade and vintage goods, urging the company to remove illegal cockfighting paraphernalia from its online marketplace.
The groups say the platform is being used to facilitate the sale of deadly weapons designed for staged animal fights in direct violation of federal law.
In the letter to Etsy’s Chief Legal Officer, the organizations wrote:
Etsy’s online marketplace is being used to facilitate the sale of illegal cockfighting paraphernalia, including sharp instruments designed to maximize injury to animals in staged fights. … The sale of cockfighting implements—such as razor-sharp “gaffs” and knives strapped to birds’ legs to inflict maximum damage—is plainly illegal under federal law.
The groups identified sellers openly advertising “cockfighting gaffs,” sometimes with disclaimers claiming the items are “for collectible purposes only.” They note such disclaimers are legally meaningless and represent a transparent attempt to circumvent the law.
Under the Animal Welfare Act (7 U.S.C. § 2156), it is unlawful to sell, buy, transport, or receive “any knife, gaff, or other sharp instrument … designed or intended to be attached to the leg of a bird for use in an animal fighting venture.” Violators face federal criminal penalties under 18 U.S.C. § 49. Etsy’s own Terms of Use and Prohibited Items Policy also explicitly prohibit such illegal sales.
“Courts have found that platforms can face liability when they knowingly allow unlawful items to be sold,” the letter warns. “With this letter, we are putting you officially on notice that this illegal activity is being conducted on your site.”
Specific demands of Etsy in the letter include:
- Identifying and removing all listings for cockfighting gaffs and related implements from your
- platform.
- Barring sellers who engage in these unlawful activities.
- Establishing proactive monitoring mechanisms to prevent the reappearance of such
- contraband.
- Communicating publicly that Etsy will not tolerate the use of its marketplace for the
- promotion or sale of illegal animal fighting paraphernalia.
The letter can be read in full here.
“Animal fighting and the sales of these items to promote such horrific ventures is clearly illegal under our nation’s laws,” said Scott Edwards, general counsel for Animal Wellness Action and the Center. “This is illegal contraband, used by organized criminals. It is shocking that Etsy is serving as a sales hub for illegal animal fighters.”
Supporting the FIGHT Act
Animal Wellness Action and the Center also emphasized their support for the Fighting Inhumane Gambling and High-Risk Trafficking (FIGHT) Act, now pending in Congress. The bipartisan legislation (H.R. 3946 / S. 1454) would provide more tools for federal and local law enforcement to crack down on trafficking of fighting implements and other cockfighting crimes.
The FIGHT Act has more bipartisan support than any other animal welfare issue in Congress, and it has 930+ endorsing agencies and organizations, including the National Sheriffs’ Association, the National District Attorneys’ Association, and the United Egg Producers. Animal Wellness Action and the Center for a Humane Economy are urging Congress to move swiftly on this measure to bolster enforcement against animal fighting in all its forms.
“A popular business like Etsy should steer very clear of trafficking of paraphernalia used in staged animal fights,” said Wayne Pacelle, president of Animal Wellness Action and the Center for a Humane Economy. “We ask Etsy to cleanse its on-line marketplace of this contraband and join our efforts to pass the FIGHT Act in Congress.”