United States

Displaying 4031 - 4040 of 4767
Titlesort ascending Summary
CO - Assistance Animals - Colorado Assistance Animal/Guide Dog Laws The following statutes comprise the state's relevant assistance animal and service animal laws.
Clyncke v. Waneka



In this Colorado case, an inexperienced horse rider who was injured in fall from horse during a horse roundup, brought an action under the Colorado Equine Activities Statute against the owners of riding stable. The lower court, after a jury trial, entered a judgment for the stable owners. On appeal at the Supreme Court, the Court found that the Equine Statute places a two-pronged duty on sponsors; a sponsor is liable when he or she fails to make reasonable efforts to determine either a participant's ability to engage in the equine activity or a participant's ability to manage a particular horse. Here, a new trial was in order because the result may have been different if court had properly instructed the jury regarding the exception from civil liability for the sponsor.

Club Gallistico de Puerto Rico Inc. v. United States Club Gallistico de Puerto Rico, Inc. (Club Gallistico) and the Asociacion Cultural y Deportiva del Gallo Fino de Pelea (Asociacion Cultural) both filed civil complaints against the United States Government. The complaints alleged that the Section 12616 amendments to the Animal Welfare Act (AWA) violated bedrock principles of federalism and rights protected under the United States Constitution. Both Club Gallistico and Asociacion Cultural are both non-profit organizations involved in the Commonwealth of Puerto Rico’s cockfighting industry. The amendments to the AWA outlawed all animal fighting ventures in which animals were moved in interstate or foreign commerce in every United States jurisdiction. These amendments extended the ban to United States territories which the Plaintiffs argued the United States did not have the authority to do. Both cases were consolidated and heard by the District Court. The Court analyzed the amendments under the Federalism doctrine, the Commerce Clause, and the Territorial Clause. Extending the ban on live-bird fighting did not violate either of the three. Further, the amendments did not violate the Tenth Amendment to the United States Constitution or any other constitutional rights such as free speech or due process. The Court ultimately denied the Plaintiffs’ Motion for Summary Judgment and Granted Defendant United States’ Cross-Motion for Summary Judgment.
Cleveland Hts. v. Jones
In this Ohio case, the defendant was convicted in the Cleveland Heights Municipal Court of keeping more than two dogs at his single-family residence contrary to an ordinance that limited the keeping of more than two dogs at a single-family residence (defendant was found to have three dogs, one of whom he said was "visiting" his daughter). In affirming defendant's conviction, the court found no merit to defendant's challenge that the term "kept" was ambiguous. Further, the evidence adduced at trial was sufficient to support defendant's conviction where the officer witnessed the dogs at the residence and defendant admitted to having three dogs in his home even without ownership of the third.
Claddie Savage v. Prator


A Parish Sheriff informed game clubs the parish ordinance against cockfighting would be enforced, despite the fact that cockfighting tournaments had been held at the game clubs since 1991.  The game clubs filed for and received a preliminary injunction against enforcement of the parish ordinance.  The Court of Appeals affirmed the trial court decision. 

Reversed by


Savage v. Prator

, 921 So.2d 51 (La., 2006).


City of Whitehall v. Zageris (Alise K.)


Defendant was charged with violation of two ordinances of the City of Whitehall, one charge being of keeping or harboring noisy dogs, and the other being a charge of keeping or harboring more than three dogs.  After a jury trial, defendant was found not guilty of keeping or harboring noisy dogs but guilty of keeping or harboring more than three dogs.  Of the ten points raised on appeal, defendant raised a constitutional challenge to the zoning ordinance, claiming that the trial court erred by not holding Whitehall Municipal Ordinance 505.13 (possessing more than three dogs) was unconstitutional.  In denying her claim, the court fist noted that this type of ordinance passes facial constitutionality based on previous caselaw.  Further, there was no evidence that this ordinance was enacted or enforced with a discriminatory intent.

City of Water Valley v. Trusty
Appellants filed b

ill of complaint seeking to enjoin enforcement of city's dog leash ordinance.  The court summarily held that

Mississippi Code Annotated s 21-19-9 (1972) authorizes municipalities to regulate the running at large of animals of all kinds. The ordinance here was enacted pursuant to that authority, it meets the constitutional requirements, and the demurrer should have been sustained on that question.
City of Sausalito v. O'Neill


A City sought to prevent the National Park Service from implementing a development plan in a nearby recreational area claiming the Park service had violated various environmental statutes.  The trial court held the City did not have standing to assert most of its claims and lost on the merits of the remaining claims.  The Court of Appeals held the City did have standing to assert all of its claims, but lost on the merits of all its claims except those under the Coastal Zone Management Act and the Marine Mammal Protection Act. 

City of Sausalito v. Brian O'Neill


In considering standing under the MMPA, the court found that the plaintiff city had only pure economic injury and had not shown that any harm would result to marine mammals protected under the MMPA. 

City of Rolling Meadows v. Kyle


In this Illinois case, the Plaintiff, City of Rolling Meadows, brought an action against defendant for keeping an undomesticated animal, a monkey, in her home in violation of a city ordinance. The lower court entered judgment in favor of plaintiff. At issue on appeal is the construction and application to be given the phrase “other than domesticated house pets” as set forth in the ordinance in question. The court was required to adopt the common and approved usage of the term 'domesticated.' The court concluded that the evidence presented established as a matter of law that Yondi is a domesticated animal. Thus, the trial court erred in finding defendant in violation of ordinance 4-28 because the monkey was a domesticated house pet.

Pages