Organizations representing the interests of Asian Americans have filed suit
in a federal court in California against the governor and agency officials
seeking a declaration that legislation enacted in October 2011 banning the
“possession, sale, offer for sale, distribution, or trade of shark fins” violates
their members’ equal protection rights, unlawfully interferes with interstate
commerce and preempts federal law, and deprives them of rights, privileges
and immunities under the U.S. Constitution. Chinatown Neighborhood Assn.
v. Brown, No. 12-3759 (N.D. Cal., filed July 18, 2012).

According to the complaint, “Shark fins are used within the Chinese American
community to make the traditional dish, shark fin soup. Shark fin soup is a
cultural delicacy with origins dating back to the Ming Dynasty (1368-1644
A.D.). It is a ceremonial centerpiece of traditional Chinese banquets as well as
celebrations of weddings and birthdays of one’s elders. Shark fin soup serves
as a traditional symbol of respect, honor, and appreciation in Chinese culture.
Shark fin soup is also served at Chinese festivals such as Chinese New Year,
Mid Autumn Festival and Winter Festival.” The plaintiffs allege that the state
law’s sponsors argued that the ban would stop the practice of shark finning,
“where a shark is caught, its fins cut off, and the carcass dumped back into the
water,” a practice that the sponsors claimed was ongoing and current despite
a federal law that already makes the practice illegal.

Alleging that the state ban, which allows other parts of a legally fished shark to be used, discriminates against people of Chinese national origin, interferes with the power of the U.S. Congress to regulate interstate commerce, unlawfully preempts federal law, and violates 42 U.S.C. § 1983, the plaintiffs seek a declaration that the law is unenforceable and void. They claim that absent the declaration, plaintiffs’ members “face potential criminal sanctions for the ancient traditional use of shark fin soup in cultural ceremonies and celebrations. Plaintiffs’ members also face potential criminal sanctions for ongoing business activities which they have legitimately pursued for years and in which they have invested substantially.”

About The Author

For decades, manufacturers, distributors and retailers at every link in the food chain have come to Shook, Hardy & Bacon to partner with a legal team that understands the issues they face in today's evolving food production industry. Shook attorneys work with some of the world's largest food, beverage and agribusiness companies to establish preventative measures, conduct internal audits, develop public relations strategies, and advance tort reform initiatives.

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