Illinois Gamefowl Breeders Ass'n v. Block, 389 N.E.2d 529 (Ill. 1979). · Go Syfert
Illinois Gamefowl Breeders Ass'n v. Block, 389 N.E.2d 529 (Ill. 1979). Cases Citing This Book View Copy Cite
280 citation events (76 in the last 25 years) across 7 distinct courts.
Strongest positive: AZ SPE, LLC v. City of Chicago (illappct, 2024-03-28)
Treatment trajectory · 1979 → 2026 · click a year to view as-of
1979 2002 2026
Top citers, strongest first. 34 distinct citers. How cited ↗
discussed Cited as authority (rule) AZ SPE, LLC v. City of Chicago
Ill. App. Ct. · 2024 · confidence medium
Illinois Gamefowl Breeders Association v. Block, 75 Ill. 2d 443, 450 (1979). ¶ 19 “In order to have standing to challenge the constitutionality of a statute, a party must have 5 No. 1-22-1794 sustained, or be in immediate danger of sustaining, a direct injury as a result of the enforcement of the challenged statute.” Carr v. Koch, 2012 IL 113414, ¶ 28 .
cited Cited as authority (rule) Rowe v. Raoul
Ill. · 2023 · confidence medium
We apply the declaratory judgment remedy liberally and do not restrict it with “unduly technical interpretations.” Illinois Gamefowl Breeders Ass’n v. Block, 75 Ill. 2d 443, 452 (1979).
cited Cited as authority (rule) Dewalt v. The City of Belleville
Ill. App. Ct. · 2022 · confidence medium
Messenger v. Edgar, 157 Ill. 2d 162, 171 (1993) (citing Illinois Gamefowl Breeders Ass’n v. Block, 75 Ill. 2d 443, 451 (1979)).
discussed Cited as authority (rule) Northwestern Illinois Area Agency on Aging v. Basta
Ill. App. Ct. · 2022 · confidence medium
The court explained that, to have standing, a plaintiff “ ‘must have sustained, or be in immediate danger of sustaining, a direct injury as a result of enforcement of the challenged statute.’ ” Pre-School Owners Ass’n of Illinois, Inc., 119 Ill. 2d at 287 (quoting Illinois Gamefowl Breeders Ass’n v. Block, 75 Ill. 2d 443, 451 (1979)). ¶ 91 In light of the supreme court’s analysis in Pre-School Owners Ass’n of Illinois, Inc., we conclude that the trial court properly granted defendant’s motion to dismiss counts V and VI of the first amended complaint on the basis of a lack of…
discussed Cited as authority (rule) Illinois Association of Realtors v. Stermer
Ill. App. Ct. · 2014 · confidence medium
It distinguishes between concrete disputes and disputes which are “abstract or hypothetical” (Illinois Gamefowl Breeders Ass’n v. Block, 75 Ill. 2d 443, 452 , 389 N.E.2d 529, 532 (1979)) or generalized grievances (Greer v. Illinois Housing Development Authority, 122 Ill. 2d 462, 494 , 524 N.E.2d 561, 575 (1988)). ¶ 26 “In order to have standing to challenge the constitutionality of a statute, a party must have sustained, or be in immediate danger of sustaining, a direct injury as a result of the enforcement of the challenged statute. [Citation.] ‘The claimed injury must be (1) disti…
discussed Cited as authority (rule) Illinois Association of Realtors v. Stermer
Ill. App. Ct. · 2014 · confidence medium
It distinguishes between concrete disputes and disputes which are "abstract or hypothetical" (Illinois Gamefowl Breeders Ass'n v. Block, 75 Ill. 2d 443, 452 , 389 N.E.2d 529, 532 (1979)) or generalized grievances (Greer v. Illinois Housing - 10 - Development Authority, 122 Ill. 2d 462, 494 , 524 N.E.2d 561, 575 (1988)). ¶ 26 "In order to have standing to challenge the constitutionality of a statute, a party must have sustained, or be in immediate danger of sustaining, a direct injury as a result of the enforcement of the challenged statute. [Citation.] 'The claimed injury must be (1) distinct…
discussed Cited as authority (rule) People v. Boeckmann
Ill. · 2010 · confidence medium
In defining the rational basis test, this court stated that the legislative enactment must bear a “ ‘ “reasonable relationship to the public interest intended to be protected.” ’ ” (Emphasis added.) Lindner, 127 Ill. 2d at 180 , quoting People v. Wick, 107 Ill. 2d 62, 65-66 (1985), quoting Illinois Gamefowl Breeders Ass’n v. Block, 75 Ill. 2d 443, 453 (1979).
discussed Cited as authority (rule) People v. Boeckmann
Ill. · 2010 · confidence medium
In defining the rational basis test, this court stated that the legislative enactment must bear a “ ‘ “reasonable relationship to the public interest intended to be protected.” ’ ” (Emphasis added.) Lindner, 127 Ill. 2d at 180 , quoting People v. Wick, 107 Ill. 2d 62, 65-66 (1985), quoting Illinois Gamefowl Breeders Ass’n v. Block, 75 Ill. 2d 443, 453 (1979).
discussed Cited as authority (rule) Aida v. Time Warner Entertainment Co., LP
Ill. App. Ct. · 2002 · confidence medium
It is true that the act should be applied liberally (Gamefowl, 75 Ill. 2d at 452, 468 ), the act requires that there be an “actual controversy” and that the party seeking relief have a tangible, legal interest in that controversy.
discussed Cited as authority (rule) AIDA v. Time Warner Entertainment Co.
Ill. App. Ct. · 2002 · confidence medium
It is true that the Act should be applied liberally ( Gamefowl , 75 Ill. 2d at 452, 468 ), the Act requires that there be an "actual controversy" and that the party seeking relief have a tangible, legal interest in that controversy.
cited Cited as authority (rule) Flynn v. Ryan
Ill. · 2002 · confidence medium
Illinois Gamefowl Breeders Ass’n v. Block , 75 Ill. 2d 443, 450 (1979).
cited Cited as authority (rule) Flynn v. Ryan
Ill. · 2002 · confidence medium
Illinois Gamefowl Breeders Ass’n v. Block, 75 Ill. 2d 443, 450 (1979).
discussed Cited as authority (rule) Hunt v. Daley
Ill. App. Ct. · 1997 · confidence medium
If the law bears a reasonable relationship to a proper legislative purpose and is neither arbitrary nor discriminatory, "the requirements of due process are met and the courts will not substitute their judgment for that of the legislature." Illinois Gamefowl Breeders Ass'n v. Block, 75 Ill. 2d 443, 454 , 389 N.E.2d 529, 533 (1979), quoting S. Bloom, Inc. v. Mahin, 61 Ill. 2d 70, 77 , 329 N.E.2d 213, 217 (1975).
discussed Cited as authority (rule) Hunt v. Daley
Ill. App. Ct. · 1997 · confidence medium
If the law bears a reasonable relationship to a proper legislative purpose and is neither arbitrary nor discriminatory, " 'the requirements of due process are met and the courts will not substitute their judgment for that of the legislature.’ ” Illinois Gamefowl Breeders Ass’n v. Block, 75 Ill. 2d 443, 454 , 389 N.E.2d 529, 533 (1979), quoting S. Bloom, Inc. v. Mahin, 61 Ill. 2d 70, 77 , 329 N.E.2d 213, 217 (1975).
discussed Cited as authority (rule) Illinois Bell Telephone Co. v. Illinois Commerce Commission (2×) also: Cited "see"
Ill. App. Ct. · 1996 · confidence medium
Opyt’s Amoco, Inc., 149 Ill. 2d at 270 , citing Illinois Gamefowl Breeders Ass’n v. Block, 75 Ill. 2d 443, 453 (1954).
examined Cited as authority (rule) Opty's Amoco, Inc. v. Village of South Holland (3×) also: Cited "see"
Ill. App. Ct. · 1991 · confidence medium
(See Illinois Gamefowl, 75 Ill. 2d at 451 (one who challenges a statute’s constitutionality must bring himself within the class as to whom the law was allegedly unconstitutional).) And, the alleged vagueness did not pervade the ordinance to make the entire ordinance invalid, and, therefore, plaintiffs do not have standing under this exception to the standing rule (see People v. Palkes (1972), 52 Ill. 2d 472, 480-81 , 280 N.E.2d 469 (a court wHl not consider the validity of a statutory provision at the instance of one who is not directly affected by it unless the unconstitutional feature was …
examined Cited "see" Morr-Fitz, Inc. v. Blagojevich (5×)
Ill. App. Ct. · 2007 · signal: see · confidence high
See Illinois Gamefowl Breeders Ass'n v. Block, 75 Ill.2d 443, 448 , 27 Ill.Dec. 465 , 389 N.E.2d 529, 530 (1979) (constitutional challenge to certain provisions of the Humane Care for Animals Act); Hays v. City of Urbana, 104 F.3d 102, 103 (7th Cir.1997) (challenge to the validity of a city ordinance); Babbitt v. United Farm Workers National Union, 442 U.S. 289, 292 , 99 S.Ct. 2301, 2305 , 60 L.Ed.2d 895, 902 (1979) (challenge to the constitutionality of Arizona's farm-labor statute); Doe v. Bolton, 410 U.S. 179, 181 , 93 S.Ct. 739, 742 , 35 L.Ed.2d 201, 206 (1973) (challenge to criminal statu…
discussed Cited "see" Morr-Fitz, Inc. v. Blagojevich (2×)
Ill. App. Ct. · 2007 · signal: see · confidence high
See Illinois Gamefowl Breeders Ass'n v. Block, 75 Ill. 2d 443, 448 , 389 N.E.2d 529, 530 (1979) (constitutional challenge to certain provisions of the Humane Care for Animals Act); Hays v. City of Urbana, 104 F.3d 102, 103 (7th Cir. 1997) (challenge to the validity of a city ordinance); Babbitt v. United Farm Workers National Union, 442 U.S. 289, 292 , 60 L.
discussed Cited "see" Beahringer v. Page (2×)
Ill. · 2003 · signal: accord · confidence high
“The declaratory judgment procedure was designed to settle and fix rights before there has been an irrevocable change in the position of the parties that will jeopardize their respective claims of right. [Citation.] The remedy is used to afford security and relief against uncertainty so as to avoid potential litigation.” First of America Bank, Rockford, N.A. v. Netsch, 166 Ill. 2d 165, 174 (1995); accord Illinois Gamefowl Breeders Ass’n v. Block, 75 Ill. 2d 443, 452 (1979).
discussed Cited "see" Beahringer v. Page (2×)
Ill. · 2003 · signal: accord · confidence high
"The declaratory judgment procedure was designed to settle and fix rights before there has been an irrevocable change in the position of the parties that will jeopardize their respective claims of right. [Citation.] The remedy is used to afford security and relief against uncertainty so as to avoid potential litigation." First of America Bank, Rockford, N.A. v. Netsch, 166 Ill.2d 165, 174 , 209 Ill.Dec. 657 , 651 N.E.2d 1105 (1995); accord Illinois Gamefowl Breeders Ass'n v. Block, 75 Ill.2d 443, 452 , 27 Ill.
cited Cited "see" City of Chicago v. Morales
Ill. · 1997 · signal: see · confidence high
See Illinois Gamefowl Breeders Ass’n v. Block, 75 Ill. 2d 443, 453 (1979).
examined Cited "see" City of Chicago v. Morales (3×)
Ill. · 1997 · signal: see · confidence high
See Illinois Gamefowl Breeders Ass'n v. Block, 75 Ill.2d 443, 453 , 27 Ill.Dec. 465 , 389 N.E.2d 529 (1979).
examined Cited "see" Ill. Bell Telephone v. Ill. Comm. Com'n (3×)
Ill. App. Ct. · 1996 · signal: see · confidence high
See Opyt's Amoco, Inc., 149 Ill.2d at 270 , 172 Ill.Dec. 390 , 595 N.E.2d 1060 , citing Gamefowl Breeders Ass'n, 75 Ill.2d at 453 , 27 Ill.Dec. 465 , 389 N.E.2d 529 .
discussed Cited "see" Continental Insurance v. Walsh Construction Co. (2×)
Ill. App. Ct. · 1988 · signal: see · confidence high
See generally, e.g., Illinois Gamefowl Breeders Association v. Block (1979), 75 Ill. 2d 443, 451 , 389 N.E.2d 529 .
discussed Cited "see" People v. Crawford (2×)
Ill. App. Ct. · 1986 · signal: see · confidence high
App. 3d 267 , 391 N.E.2d 758 ; see Illinois Gamefowl Breeders Association v. Block (1979), 75 Ill. 2d 443 , 389 N.E.2d 529 .
discussed Cited "see" County of Cook v. John Sexton Contractors Co. (2×)
Ill. App. Ct. · 1980 · signal: see · confidence high
See Illinois Gamefowl Breeders Association v. Block (1979), 75 Ill. 2d 443, 450-51 , 389 N.E.2d 529 . (2) Even if this point did have relevancy to the instant case, it may not be raised by Sexton at this stage of the litigation.
discussed Cited "see, e.g." Kalinowski v. Haine
Ill. App. Ct. · 2023 · signal: see, e.g. · confidence medium
See, e.g., Illinois Gamefowl Breeders Ass’n v. Block, 75 Ill. 2d 443, 450-51 (1979) (to have standing to maintain action for declaratory relief, party seeking relief must, inter alia, “stand in a position adverse to” other party or parties).
discussed Cited "see, e.g." People v. Koy
Ill. App. Ct. · 2014 · signal: see also · confidence medium
App. 3d 1144, 1146 (2002); see also Illinois Gamefowl Breeders Ass’n v. Block, 75 Ill. 2d 443, 453-54 (1979) (sections of Act with purpose of alleviating evils related to animal fighting were valid exercise of State’s police power).
discussed Cited "see, e.g." People v. Koy
Ill. App. Ct. · 2014 · signal: see also · confidence medium
App. 3d 1144, 1146 (2002); see also Illinois Gamefowl Breeders Ass’n v. Block, 75 Ill. 2d 443, 453-54 (1979) (sections of Act with purpose of - 11 - 2014 IL App (2d) 130906 alleviating evils related to animal fighting were valid exercise of State’s police power).
examined Cited "see, e.g." Archer Daniels Midland Co. v. Whitacre (3×)
C.D. Ill. · 1999 · signal: see also · confidence low
“An actual controversy exists if there is a legitimate dispute admitting of an immediate and definite determination of the parties’ rights, the resolution of which will aid in the termination of the controversy or some part thereof.” Greenberg, 150 Ill.Dec. 904 , 563 N.E.2d at 1037-38 ; see also Illinois Gamefowl Breeders Ass’n v. Block, 75 Ill.2d 443 , 27 Ill.Dec. 465 , 389 N.E.2d 529, 531 (1979).
examined Cited "see, e.g." Best v. Taylor MacHine Works (4×)
Ill. · 1997 · signal: see also · confidence low
First of America Bank, Rockford, N.A. v. Netsch, 166 Ill.2d 165 , 209 Ill.Dec. 657 , 651 N.E.2d 1105 (1995) (declaratory judgment actions permit early resolution of dispositive issues, to fix rights of parties before irrevocable change in their positions jeopardizes their claims of right); see also Illinois Gamefowl Breeders Ass'n v. Block, 75 Ill.2d 443 , 27 Ill.Dec. 465 , 389 N.E.2d 529 (1979).
cited Cited "see, e.g." Cable Television & Communications Ass'n v. Ameritech Corp.
Ill. App. Ct. · 1997 · signal: see, e.g. · confidence low
See, e.g., Illinois Gamefowl Breeders Ass’n v. Block, 75 Ill. 2d 443 (1979); Westwood Forum, Inc. v. City of Springfield, 261 Ill.
discussed Cited "see, e.g." People v. Lindner (2×)
Ill. · 1989 · signal: see also · confidence low
Under the rational-basis test, a "`legislative enactment must bear a reasonable relationship to the public interest intended to be protected, and the means adopted must be a reasonable method of accomplishing the desired objective.'" ( Wick, 107 Ill.2d at 65-66 , quoting Illinois Gamefowl Breeders Association v. Block (1979), 75 Ill.2d 443, 453 ; see also Harris, 111 Ill.2d at 368 (statute will be upheld if it bears a rational relationship to a legitimate legislative purpose and is neither arbitrary nor discriminatory, citing Illinois Gamefowl Breeders, 75 Ill.2d at 453 ).) In applying this te…
discussed Cited "see, e.g." Metroweb Corp. v. County of Lake (2×)
Ill. App. Ct. · 1985 · signal: see also · confidence low
See also Illinois Gamefowl Breeders Association v. Block (1979), 75 Ill. 2d 443, 450-51 , 389 N.E.2d 529 .) A party seeking to challenge the enforcement of a zoning ordinance is an “interested party” when it has sustained, or is in immediate danger of sustaining, a direct injury as a result of the enforcement of a particular ordinance.
Retrieving the full opinion text from the archive…
ILLINOIS GAMEFOWL BREEDERS ASSOCIATION, Appellee,
v.
JOHN BLOCK, Director of Agriculture, Appellant
51066.
Illinois Supreme Court.
Mar 14, 1979.
389 N.E.2d 529
1979 Ill. LEXIS 284
William J. Scott, Attorney General, of Springfield (Paul J. Bargiel and Patricia Rosen, Assistant Attorneys General, of Chicago, of counsel), for appellant., Roger V. Pierson and Matthew A. Maloney, of Princeton, for appellee.
Underwood.
Cited by 114 opinions  |  Published
MR. JUSTICE UNDERWOOD

delivered the opinion of the court:'

Plaintiff, Illinois Gamefowl Breeders Association, a not-for-profit Illinois corporation, filed an action for declaratory judgment pursuant to section 57.1 of the Civil Practice Act (Ill. Rev. Stat. 1975, ch. 110, par. 57.1) seeking a declaration that certain provisions of the Humane Care for Animals Act (Ill. Rev. Stat. 1975, ch. 8, par. 701 et seq.) were unconstitutional. Following the submission of cross-motions for summary judgment, the Bureau County circuit court declared the challenged provisions unconstitutional. Defendant appealed directly to this court pursuant to our Rule 302(a). 58 Ill. 2d R. 302(a).

The Association exists for the purpose of uniting breeders and fanciers of gamefowl into a common organization, thereby benefiting its members by exchanging and distributing information and ideas concerning the perpetuation and improvement of the various breeds of gamefowl. Additionally, plaintiff alleges that it has a proprietary interest in the breeding, raising and selling of gamefowl and owns gamefowl. Finally, although the parties stipulated that the term “gamefowl” refers to chickens, plaintiff did allege in its complaint that “gamefowl are animals within the scope, meaning, intent and appHcation” of the Act.

Section 4.01 of the Act provides in part:

“Sec. 4.01. (a) No person may own, capture, breed, train, or lease any animal which he or she knows or should know is intended for use in any show, exhibition, program, or other activity featuring or otherwise involving a fight between such animal and any other animal or the intentional killing of any animal for the purpose of sport, wagering, or entertainment.
(b) No person shall promote, conduct, carry on, advertise, collect money for or in any other manner assist or aid in the presentation for purposes of sport, wagering, or entertainment, any show, exhibition, program, or other activity involving a fight between two or more animals or the intentional killing of any animal.
(c) No person shall sell or offer for sale, ship, transport, or otherwise move, or deliver or receive any animal which he or she knows or should know has been captured, bred, or trained, or will be used, to fight another animal or be intentionally killed, for the purpose of sport, wagering, or entertainment.” (Ill. Rev. Stat. 1975, ch. 8, pars. 704.01(a), (b), (c).)

Plaintiff challenged subsections (a) and (c) of section 4.01 and the corresponding penalty provisions in section 16 of the Act (Ill. Rev. Stat. 1975, ch. 8, par. 716). These sections essentially prohibit owning, breeding, training, selling, shipping or receiving animals which one knows or should know are intended to be used for fighting purposes. Plaintiff does not challenge the validity of subsection (b) of section 4.01, which actually prohibits animal fighting for sport, wagering or entertainment.

A preliminary question which must be addressed is whether plaintiff has standing to maintain an action for declaratory relief. This court discussed the two requirements for standing to bring a declaratory judgment action in Underground Contractors Association v. City of Chicago (1977), 66 Ill. 2d 371:

“First, there must be an ‘actual controversy.’ (Ill. Rev. Stat. 1973, ch. 110, par. 57.1(1).) ‘Actual’ in this context does not mean that a wrong must have been committed and injury inflicted. Rather, it requires a showing that the underlying facts and issues of the case are not moot or premature, so as to require the court to pass judgment on mere abstract propositions of law, render an advisory opinion, or give legal advice as to future events. [Citations.] The case must, therefore, present a concrete dispute admitting of an immediate and definitive determination of the parties’ rights, the resolution of which will aid in the termination of the controversy or some part thereof. [Citations.]
The second, and somewhat related requirement, is that the party seeking the declaration must be ‘interested in the controversy.’ (Ill. Rev. Stat. 1973, ch. 110, par. 57.1(1).) The word, ‘interested’ does not mean merely having a curiosity about or a concern for the outcome of the controversy. Rather, the party seeking relief must possess a personal claim, status, or right which is capable of being affected. [Citations.] The dispute must, therefore, touch the legal relations of parties who stand in a position adverse to one another.” (66 Ill. 2d 371, 375-76.)

In order to preclude those persons having no interest in a controversy from bringing suit, it is necessary that one who challenges the constitutionality of a statute bring himself within the class as to whom the law is allegedly unconstitutional. (Schiller Park Colonial Inn, Inc. v. Berz (1976) , 63 Ill. 2d 499, 510-11; People v. Bombacino (1972), 51 Ill. 2d 17, 20; Jaffe v. Cruttenden (1952), 412 Ill. 606, 613.) To have standing, therefore, one must have sustained, or be in immediate danger of sustaining, a direct injury as a result of enforcement of the challenged statute. Walker v. State Board of Elections (1976), 65 Ill. 2d 543, 550; People v. Mayberry (1976), 63 Ill. 2d 1, 6.

Despite a lack of clarity and directness in plaintiff’s complaint and the use of conclusional allegations, we believe that plaintiff has demonstrated a sufficient interest to maintain this declaratory judgment action. Plaintiff has alleged that it owns gamefowl which are, admittedly, “animals” within the meaning of this Act. Since the Act only applies to animals which one knows or should know are intended to be used for animal fighting, plaintiff has, albeit indirectly, brought itself within the class allegedly aggrieved by the statute and is, therefore, “interested in the controversy” within the meaning of the declaratory judgment statute (Ill. Rev. Stat. 1975, ch. 110, par. 57.1(1)).

We also believe an “actual controversy” is present. (Ill. Rev. Stat. 1975, ch. 110, par. 57.1(1).) This requirement is intended to prevent the courts from granting declarations of rights involving only abstract propositions of law. (Underground Contractors Association v. City of Chicago (1977) , 66 Ill. 2d 371, 375; Beck v. Binks (1960), 19 Ill. 2d 72, 74; Exchange National Bank of Chicago v. County of Cook (1955), 6 Ill. 2d 419, 421.) It is necessary, however, to keep in mind the legislative purpose, which is to make possible a binding declaration of rights without requiring the parties to make an irrevocable change of position which might jeopardize those rights. Richards v. Liquid Controls Corp. (1975), 26 Ill. App. 3d 111, 130; Charleston National Bank v. Muller (1974), 16 Ill. App. 3d 380, 382.

The “actual controversy” requirement is meant merely to distinguish justiciable issues from abstract or hypothetical disputes and is not intended to prevent resolution of concrete disputes admitting of a definitive and immediate determination of the rights of the parties. (A. S. & W. Club of Waukegan v. Drobnick (1962), 26 Ill. 2d 521, 524.) The declaratory judgment remedy should be liberally applied and not restricted by unduly technical interpretations. (Saline Branch Drainage District v. Urbana-Champaign Sanitary District (1948), 399 Ill. 189, 192; Department of Illinois Disabled American Veterans v. Bialczak (1976), 38 Ill. App. 3d 848, 853.) Plaintiff has alleged that it owns “animals within the scope, meaning, intent and application” of the challenged statute. Such ownership raises the threat of potential criminal prosecution, and, in our judgment, is sufficient to entitle plaintiff to bring a declaratory judgment action chaUenging the constitutionality of the statute.

We turn, then, to the constitutional issues. The trial court held subsections (a) and (c) of section 4.01 and the companion penalty provisions in section 16 of the Humane Care for Animals Act unconstitutional as violative of the due process clauses of both the Federal and State constitutions. Both the trial court in its order and the plaintiff in its brief cited only one case in support of their position that these provisions are invalid. That case is the appellate court opinion in Finish Line Express, Inc. v. City of Chicago (1978), 59 Ill. App. 3d 419, a decision which we reversed. (Finish Line Express, Inc. v. City of Chicago (1978), 72 Ill. 2d 131, 138.) Plainly, these provisions were enacted by the legislature pursuant to its police power in an effort to prevent the cruelty and gambling associated with animal fighting engaged in for “sport, wagering or entertainment. ” To constitute a legitimate exercise of the police power, this legislative enactment must bear a reasonable relationship to the public interest intended to be protected, and the means adopted must be a reasonable method of accomplishing the desired objective. (Finish Line Express, Inc. v. City of Chicago (1978), 72 Ill. 2d 131, 138; Sherman-Reynolds, Inc. v. Mahin (1970), 47 Ill. 2d 323, 327.) Once the legislature determines that a problem exists and acts to protect and promote the general welfare of its citizens, the legislation is presumed to be a valid exercise of the State’s police power. (Union Cemetery Association v. Cooper (1953), 414 Ill. 23, 32.) Furthermore, the due process clauses of the State and Federal constitutions, insofar as they operate to limit the exercise of the State’s police power, prohibit only its arbitrary or unreasonable use. City of Decatur v. Chasteen (1960), 19 Ill. 2d 204,210.

Plaintiff has challenged only subsections (a) and (c) of section 4.01, and has in effect conceded the validity of subsection (b), which prohibits animal fighting for purposes of sport, wagering or entertainment. Certainly subsection (b)’s prohibition of animal fighting is a valid exercise of the State’s police power. Likewise, we believe the prohibitions contained in subsections (a) and (c) (e.g., owning, breeding, training, selling or transporting) are reasonably related to the proper governmental purpose of eliminating the evils associated with animal fighting. Clearly, the legislature intended to strengthen the ban on animal fighting by making it illegal to knowingly engage in the supporting activities which make animal fighting possible, and the prohibitions contained in subsections (a) and (c) were intended to insure that those who wish to stage such exhibitions will not be able to procure the needed animals from local breeders.

As this court stated in S. Bloom, Inc. v. Mahin (1975), 61 Ill. 2d 70:

“[I] f a law bears a reasonable relationship to a proper legislative purpose and is neither arbitrary nor discriminatory, the requirements of due process are met and the courts will not substitute their judgment for that of the legislature.” 61 Ill. 2d 70, 77.

Plaintiff seems to believe that absolute criminal liability is imposed by the challenged subsections for the acts of a future owner, a belief in which plaintiff is clearly mistaken. The unambiguous language of the statute provides for criminal liability only where one engages in the prohibited conduct with knowledge, actual or imputed, that the animals had been, or are intended to be, used for fighting purposes. For example, mere custody of an animal which may have been trained or bred by another for fighting purposes is insufficient, standing alone, to constitute a violation of the Act. It must be established that the offender knew or should have known that the animal had once been intended or will be used for fighting purposes. Contrary to plaintiff’s argument and the conclusion of the trial court, one who neither knows nor has reason to know that the animal with which he is concerned has been owned, captured, bred, trained or leased for fighting purposes or will be used for such purposes is not subject to prosecution under the challenged provisions.

Although the point was not raised by the parties, we feel it is important to emphasize the fact that our action in upholding the constitutionality of this act should pose no threat to the legitimate activities of hunters, fishermen and other sportsmen. In fact, section 13 of the Act provides explicitly that in case of conflict between this act and the Game Code of Illinois (Ill. Rev. Stat. 1975, ch. 61, par. 1.1 et seq.), the provisions of the latter shall prevail. Ill. Rev. Stat. 1975, ch. 8, par. 713.

The judgment of the circuit court of Bureau County is accordingly reversed.

Judgment reversed.