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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 guide dog 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.

WI - Dangerous dog - 174.11. Claims for damage by dogs to domestic animals including ranch mink

This Wisconsin provides that the owner of any domestic animal, including a ranch mink, which is attacked, chased, injured or killed by a dog may, within 3 days after the owner has knowledge or notice thereof, file a written claim for damages with the clerk of the town, village or city in which the damage occurred.  A hearing then occurs where witnesses may be subpoenaed under oath, and testimony relative to the claim is taken.  The county board shall allow, as the amount of a claim for a domestic animal, including a ranch mink, injured by a dog, the amount determined to be the total of the costs resulting from the injury including a loss in fair market value but the total amount of the claim may not exceed the fair market value.

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