News
January 23rd: The Supreme Court strikes down a California law aimed at preventing "downed" animals from being sent to slaughterhouses for human consumption. The Supreme Court agreed with plaintiff National Meat Association that the law was preempted by federal regulations. "Downed animal" is a term used to describe a nonambulatory animal that is unable to stand and walk without assistance. The law required a stockyard, auction, market agency, or dealer to either humanely euthanize the animal or provide veterinary assistance. Read the case and overturned law.
Trade group United Egg Producers and Humane Society of the United States (HSUS) work together to pass H.R. 3798, the Egg Products Inspection Act Amendments of 2012. This proposed legislation would not only provide greater welfare for egg laying hens (through a gradual phase-in period) including near-doubling of the current cage size, environmental enrichment, and a prohibition on excessive ammonia levels in hen houses, but would also create a "level playing field" among egg producers. Currently, egg producers contend that recent state laws create a "patchwork" of regulation.
States introduce legislation to create "animal abuser registries." Several states including Florida, Maryland, Colorado, Arizona and New York have introduced or will be introducing laws that would create animal abuser registries similar to current sex offender registries. In 2010, Suffolk County on Long Island, NY created a registry that maintains names of convicted abusers for 5 years with penalties for failing to register. View the registry at https://suffolkspca.org/Abuser%20Registry.html.
Sec. of Interior Ken Salazar announced on Jan. 17th a ban on the importation and interstate transportation of four nonnative constrictor snakes that threaten the Everglades and other sensitive ecosystems. These species include the Burmese python, northern and southern African pythons and yellow anaconda. U.S. Fish and Wildlife Service Director Dan Ashe stated that burmese pythons have already caused "substantial harm in Florida." See the original federal rule proposed back in March 2010.
January 17, 2012: New Jersey Gov. Christie signed Domestic Violence Pet Protection Order Act into law. The law authorizes courts to include pets in domestic violence restraining orders. The court is allowed to enter an order "prohibiting the defendant from having any contact with any animal owed, possessed, leased, kept or held by either party or a minor child residing in the household." Read A1633/S540 and also see the list of states with such provisions.
U.S. House of Representatives proposes restrictions on using wild or exotic animals to perform in traveling circuses. The "Traveling Exotic Animals Protection Act," HR 3359, would create an amendment to the Animal Welfare Act that prevents an exhibitor from using a wild or exotic animal if that animal was traveling in a mobile housing facility.
2012 Agriculture Appropriations Bill removes horse slaughter restriction. Since 2005, restrictions were added to appropriations bills that prevented the use of federal funds to inspect horse slaughter facilities. That restriction was not included in this year's bill passed on November 17th, thereby ending the de facto ban on horse slaughter for human consumption in the U.S. To read more about horse laws, with a particular focus on challenges to horse slaughter, see the Horse Topic Area.
Check out the new searchable Local Ordinances. Search for local codes by State or by Topic in the left navigation. Many codes are available under "Breed Specific Legislation."
Journal of Animal Law Vol. 7 now available - See the Table of Contents.
New Article! Wildlife Jurisprudence, by Professor David Favre, 25 J. Envtl. L. & Litig. 459 (2010) (pdf - 228.58 KB)
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Cases
National Meat Ass'n v. Harris, --- S.Ct. ----, 2012 WL 171119 (U.S.). Trade association representing packers and processors of swine livestock and pork products sued the State of California for declaratory and injunctive relief barring a ban on slaughter and inhumane handling of nonambulatory animals on federally regulated swine slaughterhouses. The Supreme Court held that the Federal Meat Inspection Act (FMIA) preempted the California Penal Code provision prohibiting the sale of meat or meat product of “nonambulatory” animals for human consumption and requiring immediate euthanization of nonambulatory animals.
U.S. v. Felts (unpublished), Slip Copy, 2012 WL 124390 (N.D.Iowa). Defendant kennel operator was found to violate the AWA on multiple occasions when inspected by APHIS representatives. From 2005 to 2009, defendant repeatedly failed inspections where APHIS found that he provided inadequate veterinary care, did not maintain complete records on the dogs, and did not properly maintain the housing facilities for the dogs. The Administrator of APHIS filed and served on Defendant an administrative complaint for violations. Defendant never filed an answer, and so a Default Decision and Order was entered against Defendant. The Plaintiff's Motion for Summary Judgment was granted in part because Defendant failed to file an answer to the administrative complaint, and so was deemed to have admitted the allegations in the complaint.
Edwards v. Shanley, --- F.3d ----, 2012 WL 89193 (C.A.11 (Fla.)). Automobile driver fled scene of a traffic stop and sustained serious injuries when he was attacked by a police dog, which was allowed to continue for 5 - 7 minutes. Plaintiff brought § 1983 action, alleging that the use of the police dog constituted excessive force, and that the other officer failed to intervene and stop the attack, both of which violated plaintiff’s Fourth Amendment rights. The Court of Appeals held that the use of the police dog to help track and initially subdue the driver was constitutional, but permitting the dog to continue to attack the driver constituted excessive force.
Dog Case of the Month
Thurber v. Apmann, --- N.Y.S.2d ----, 2012 WL 225395 (N.Y.A.D. 3 Dept.,2012). Previous K-9 training of retired police dogs was not evidence of dogs' vicious propensities and did not affirm plaintiff's assertion that dogs were now kept as "guard dogs."In 2007, a retired K-9 dog, attacked the plaintiff's dog. Plaintiff sued defendant for damages. While dog received "handler protection" training, dog acted in passive role as explosive detection dog. Plaintiff argued that the severity of the attack coupled with the dogs' breed and formal police training should have put defendant on notice of the dogs' vicious propensities. In affirming the summary judgment, this court found that the formal police training was not evidence of viciousness and there was no support to plaintiff's assertion that defendant kept the dogs as "guard dogs."
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Articles
Designing a Model Dog Park Law, John J. Ensminger and Frances Breitkopf (2011).
Cueing and Probable Cause: Research May Increase Defense Attacks on and Judicial Skepticism of Detection Dog Evidence, John J. Ensminger and L.E. Papet (2011).
Monkeys and Horses and Ferrets...Oh My! Non-traditional Service Animals Under the ADA, Robert L. Adair, 37 N. Ky. L. Rev. 415 (2010).
Protecting Cats and Dogs in Order to Protect Humans: Making the Case for a Felony Companion Animal Statute in Mississippi, Deborah J. Challener, 29 Miss. C. L. Rev. 499 (2010).
Dealing Dogs: Can We Strengthen Weak Laws in the Dog Industry? Sandra K. Jones Jones, 7 Rutgers J. L. & Pub. Pol'y 442 (Spring, 2010).
Sacrificing the Sacrifice of Animals: Legal Personhood for Animals, the Status of Animals as Property, and the Presumed Primacy of Humans, Taimie L. Bryant, 39 Rutgers L.J. 247 (2008).
