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Titlesort descending Summary
Whiteaker v. City of Southgate The plaintiff (“Whiteaker”) filed this action against Defendant, the City of Southgate, Michigan for violations of the Fair Housing Act (“FHA”) and Michigan's Persons with Disabilities Civil Rights Act (“PDCRA”). Specifically, Whiteaker contends that the City violated the FHA by denying Whiteaker's request for an exemption from City Ordinance 610.13, which prohibits City residents from maintaining chickens (or other typical farm animals) on their property. The events underlying this action began after Whiteaker moved to Southgate in early March 2021. On March 24, 2021, Whiteaker was issued a citation by the City for a violation of Ordinance 610.13. Whiteaker appeared in district court to defend himself, claiming he had a right to keep the chickens under Michigan's Right to Farm Act. However, it turned out the Right to Farm law was inapplicable because Whiteaker's chicken coop was within 250 feet of a dwelling. Thus, Whiteaker was issued a second citation in May and was denied a permit to keep the chickens by the city. Since Whiteaker was a longtime sufferer of depression and anxiety, he sought a waiver from the ordinance as a reasonable accommodation for his disability and presented a letter from his mental health provider as support. Again, his request was denied by the City. In the instant motion for summary judgement by the City, the court examined the "reasonableness" of Whiteaker's request for a reasonable accommodation under the FHA. The court found that the balancing test required under the FHA, to wit, weighing Whiteaker's disability-related need to keep the chickens as a source of comfort and support against the City's claims that the chickens pose a threat to public health, is a triable issue of fact. Indeed, the court observed that the City's citation of documentation from the CDC only lists the "potential dangers" chickens can pose to public health without sufficient evidence to supports its claim that the chickens will burden the City financially and administratively. In contrast, Whiteaker claims a disability and has provided evidence of his disability. Likewise, as to the remaining elements of necessity and equal opportunity for a reasonable accommodation claim, the court again cites Whiteaker's evidentiary support for his claim of disability and need for the chickens to alleviate those symptoms against the fact the City has not presented any testimony, affidavits, or "evidence of any kind" to support its claim. Thus, the court denied the motion for summary judgment.
Whitman v. State


Appellant was tried by a jury and found guilty of four counts of cruelty to animals concerning four Arabian horses. On appeal, appellant raised a sufficiency of the evidence challenge and a Rule 404(b) challenge to the admission of testimony and pictures concerning the condition of appellant's dogs and her house. The court found the photographic evidence was admissible for purposes other than to prove appellant's character, e.g., to show her knowledge of neglect of animals within her house, and thereby the absence of mistake or accident concerning the horses that lived outside.
Whittier Terrace Associates v. Hampshire


Defendant was a person with a psychiatric disability and living in public housing. Defendant claimed to have an emotional and psychological dependence on her cat. The court held that the housing authority discriminated against defendant under Section 504 of the Rehabilitation Act for failure to waive the no pets policy as a reasonable accommodation for the mental disability. The court noted that there must be a narrow exception "to the rigid application of a no-pet rule, involving no untoward collateral consequences," because the handicapped person could fully receive the benefits of the program if provided the accommodation.
Why Can't I Know How The Sausage Is Made?: How Ag-Gag Statutes Threaten Animal Welfare Groups And The First Amendment The purpose of this Note is to investigate this clash and analyze the constitutionality of the five Ag-Gag statutes that specifically target surreptitious investigative techniques. Part I provides an overview of these state Ag-Gag statutes enacted around the United States. Part II summarizes the first constitutional challenge to an Ag-Gag statute - Animal Legal Def. Fund v. Hebert, which is pending in the U.S. District Court for the District of Utah. Part III analyzes the constitutionality of the provisions of Ag-Gag statutes that (a) provide a cause of action for civil restitution for the actual and consequential damages resulting from a violation of the statutes; or (b) implicate third parties by triggering state criminal laws such as aiding and abetting or conspiracy. Finally, Part IV summarizes the author's conclusions about the extent to which the First Amendment shields journalists and newsgathering organizations from prosecution under an Ag-Gag statute.
WI - Assistance Animals - Assistance Animal/Guide Dog Laws The following statutes comprise the state's relevant assistance animal and service animal laws.
WI - Breed - 95.13. Misrepresenting breed of domestic animal Under this Wisconsin statute, no person may sell any domestic animal or represent that such domestic animal is a pure bred animal, if the animal is not registered or entitled to be registered, in any pure breed registry for that breed.
WI - Breeder - Chapter ATCP 16. Dog Sellers and Dog Facility Operators. This set of administrative regulations from Wisconsin covers the conditions under which dogs must be kept by dog breeders (defined as any person who sells at least 25 dogs from more than 3 litters) and dog dealers. Dog sellers and dog facility operators are required to be licensed under the section. Per ATCP 16.18, a person licensed under this chapter may not transfer a dog to the buyer unless the dog is at least 7 weeks old, the dog is accompanied by its dam, or the department approves the transfer in writing. Minimum standards of care are outlined for licensees for dogs kept indoors or outdoors.
WI - Cats - Question 62 - DEFEATED

This controversial measure would have allowed hunters to hunt any cat that was found free roaming, meaning it did not exhibit a collar or other signs of domestic ownership.  At the Monday, April 11, 2005 meeting of the Wisconsin Conservation Congress, those in favor of the feral cat hunting proposal  approved the measure by a vote of 6,830 to 5,201.  This approval was then forwarded to the state Natural Resources Board for consideration.  Proponents of the measure suggest feral cats expose domestic animals to disease and endanger native songbirds.  Opponents of the measure counter that such a law would be cruel and archaic, putting domestic cats who have escaped from their homes at risk of death.  On May 25, 2005 at the Natural Resources Board regular spring meeting, a representative of the Congress indicated that the Executive Committee has declined to pursue the issue any further.  (See the official meeting minutes at page 5 at http://dnr.wi.gov/org/nrboard/minutes/M05/0505%20minutes.pdf ).  Feral cat advocates claimed a public relations victory, as the measure gained national and even international criticism.  (See Alley Cat Allies at http://www.alleycat.org/wi.html ).  (For more on the procedural history of this measure, see the "Long Summary" under the "Statute Details" above).   

WI - Chickens, transport - 134.52. Shipment of chickens This Wisconsin statute requires that poultry not be overcrowded and the shipping container must be at least 13 inches in high on the inside and covered at the top in a way that prevents the chickens from getting caught in the top.
WI - Cruelty - Consolidated Cruelty Statutes This section comprises the Wisconsin anti-cruelty section. Under the section, "animal" includes every living warm-blooded creature (except a human being), reptile, or amphibian. The section prohibits "mistreating animals," which is defined as treating any animal, whether belonging to the person or another, in a cruel manner. This section does not prohibit bona fide experiments carried on for scientific research or normal and accepted veterinary practices. This section also prohibits the instigation of dogfights, and has a unique provisions that prohibits the shooting of caged or staked animals.

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