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Title Citation Alternate Citation Agency Citation Summary Type
Pruett v. Arizona 606 F.Supp.2d 1065 (D.Ariz.,2009) 21 A.D. Cases 1520

A diabetic woman in Arizona attempted to keep a chimpanzee as an assistance animal in spite of the state’s ape ban. Despite the state’s ban, the diabetic woman imported a chimpanzee with the intention of keeping him as a service animal, claiming that she was entitled to do so under the Federal Americans with Disabilities Act of 1990 (ADA). In September of 2007, the chimpanzee’s owner sued the State of Arizona, the Game and Fish Commission, and the Director of the Game and Fish Department in federal court claiming that they had violated her rights under the federal disability laws. According to the plaintiff, the ADA requires the state to make “reasonable accommodations” for disabled individuals; and in her case this meant the state must waive its ban on possessing “restricted” apes so that she can keep a chimpanzee in her home as a service animal. The District Court found that the plaintiff’s chimpanzee is “unnecessary” and “inadequate” to meet her disability-related needs and the animal is not a “reasonable” accommodation under the ADA because he threatens the health and safety of the community.

Case
US - Chimpanzees - § 283m. Sanctuary system for surplus chimpanzees (CHIMP Act) 42 U.S.C.A. § 283m This Act provides a system of sanctuaries to provide for the lifetime care of chimpanzees not needed for research that have been used, or were bred or purchased for use, in research conducted or supported by the National Institutes of Health, the Food and Drug Administration, or other agencies of the Federal Government. The Act lists, among other things, requirements for the sanctuaries, criteria for "acceptable" chimpanzees, restrictions on further research of these chimpanzees, and establishment of contracts to entities providing care in the system. Statute
GA - Cruelty - Consolidated Cruelty Laws Ga. Code Ann., § 16-12-4, § 16-6-6 GA ST § 16-12-4; § 16-6-6 This comprises Georgia's anti-cruelty provisions. Under the statute, "animal" does not include any fish or any pest that might be exterminated or removed. A person commits the offense of cruelty to animals when he or she causes death or unjustifiable physical pain or suffering to any animal by an act, an omission, or willful neglect. Any person convicted of a violation of this subsection shall be guilty of a misdemeanor, but subsequent convictions incur enhanced penalties. A person commits the offense of aggravated cruelty to animals when he or she knowingly and maliciously causes death or physical harm to an animal by rendering a part of such animal's body useless or by seriously disfiguring such animal. Statute
MI - Enforcement - Chapters 760 to 777 Code of Criminal Procedure. M. C. L. A. 764.16 MI ST 764.16 This law authorizes private citizens to make arrests. Statute
NC - Exotic Pets - .0212 Importation Requirements: WIild Animals 2 NC ADC 52B.0212 2 NCAC 52B.0212 This North Carolina regulation states that person must obtain a permit from the State Veterinarian before importing any of the following animals into this State: skunk; fox; raccoon; ringtail; bobcat (includes lynx and other North and South American felines as cougars, jaguars, etc.); coyote; marten; brushtail Possum (Trichosurus vulpecula). Permits for the importation into this State of any of these animals shall be issued only if the animal(s) will be used in a research institute, or for exhibition by a USDA licensed exhibitor, or organized entertainment as in zoos or circuses. Any species or hybrid of a mammal not otherwise covered in the Administrative Code that is found to exist in the wild or naturally occurs in the wild must be accompanied by a valid certificate of veterinary inspection. Administrative
NJ - Endangered - Chapter 2A. Wildlife Generally NJSA 23:2A-1 to 23:2A-1:16 NJ ST 23:2A-1 to 23:2A-1:16 These statutes comprise the New Jersey Endangered and Nongame Species Conservation Act. The definitions used in the Act are described as well as the rules for listing species, the powers and duties of the supervising department, and the designation of funding.  Under the statute, violation of the Act incurs a civil penalty of $250-5,000. In 2014, provisions were added for the prohibition on import, sale, or purchase of ivory products. In 2018, a law was added that prohibits a person from using a wild or exotic animal in a traveling animal act. Statute
CA - Crimes - § 597. Cruelty to animals West's Ann. Cal. Penal Code § 597 CA PENAL § 597 This statutes states that anyone who maliciously and intentionally maims, mutilates, tortures, or wounds a living animal, or maliciously and intentionally kills an animal, is guilty of an offense punishable by imprisonment in the state prison, or by a fine of not more than twenty thousand dollars ($ 20,000), or by both the fine and imprisonment, or, alternatively, by imprisonment in a county jail for not more than one year, or by a fine of not more than twenty thousand dollars ($ 20,000), or by both the fine and imprisonment. The statute also defines specific forms of torture and mistreatment that qualifies as a crime under this section. Statute
MT - Exotic wildlife - Part 7. Importation, Introduction, and Transplantation of Wildlife MCA 87-5-701 to 87-5-725 MT ST 87-5-701 to 87-5-725 These Montana statutes control the importation, introduction, and transplantation of exotic wildlife into the state. The importation of any wildlife is prohibited unless the species poses no threat of harm to native wildlife and plants or to agricultural production and that the introduction has significant public benefits. Violations may result in a fine or imprisonment. Statute
DE - Exotic Animals - Chapter 903. Exotic Animal Regulations 3 DE ADC 903-1.0 - 14 3 Del. Admin. Code 903-1.0 to 14 These regulations govern the permitting process, possession, sale, rehabilitation and exhibition of exotic animals, i.e., live wild mammals, hybrids of wild mammals, and live reptiles not native to or generally found in the State of Delaware. The State Veterinarian or her or his designee shall have the authority to administer these regulations and shall be solely responsible for making the determinations required herein. Administrative
OK - Importation - Subchapter 25. Wildlife Classified as Domesticated and Exempt OK ADC 800:25-25-1 - 3 OAC 800:25-25-1 - 3 The purpose of this Subchapter is to establish a list of wildlife that are to be considered domesticated and, therefore, exempt from licensing and permit requirements of the Department. Administrative

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