Results
| Title | Citation | Alternate Citation | Summary | Type |
|---|---|---|---|---|
| CO - Assistance Animals - Colorado Assistance Animal/Guide Dog Laws | C. R. S. A. § 12-240-144; § 12-245-229; § 12-255-133; § 18-13-107, § 18-13-107.3, § 18-13-107.7; § 18-9-202; § 18-1.3-602; § 24-34-301; § 24-34-309; § 24-34-801 - 804; § 40-9-109; § 42-4-808 | CO ST § 12-240-144; § 12-245-229; § 12-255-133; § 18-13-107, § 18-13-107.3, § 18-13-107.7; § 18-9-202; § 18-1.3-602; § 24-34-301; § 24-34-309; § 24-34-801 - 804; § 40-9-109; § 42-4-808 | The following statutes comprise the state's relevant assistance animal and service animal laws. | Statute |
| Sawh v. City of Lino Lakes | 800 N.W.2d 663 (Minn.App.,2011) | 2011 WL 2982992 (Minn.App.,2011) |
The city council ordered the destruction of a dog after finding it to be a dangerous animal and the owner appealed. The Court of Appeals held that procedural due process required that the owner should have been given a meaningful opportunity to contest the declaration of the dog as a “potentially dangerous animal” before it was declared a “dangerous animal” under the city ordinance. |
Case |
| U.S. v. Thomas | 887 F.2d 1341 (9th Cir. 1989) |
The issue in this case is whether Edward A. Thomas, a Montana hunting guide and outfitter, may be found guilty of conspiracy to violate the Lacey Act where the alleged object of the conspiracy was "to transport, receive and acquire elk in interstate commerce ... in violation of Montana state hunter's law." The Court held that while a prosecution under the Lacey Act may not be sustained for the substantive acts of selling guiding services and hunting permits, an action can be maintained for conspiracies to violate the Act through these types of acts. In this case, the underlying violations were acts of hunting with a transferred license or permit where the acts were allegedly committed by others. |
Case | |
| Western Watersheds Project v. Michael | 353 F.Supp.3d 1176 (D. Wyo. 2018) | Wyoming enacted statutes that imposed civil and criminal penalties for data collection on private land or when private land was crossed to reach public land without landowner permission. The pair of statutes (one criminal and one civil) prohibited individuals from entering “open land for the purpose of collecting resource data” without permission from the owner. The criminal statute imposed penalties that were stricter than Wyoming’s general trespass provision. The Plaintiffs, who were advocacy organizations, filed suit to challenge the statutes alleging that the statutes violated the Free Speech and Petition Clauses of the First Amendment, the Equal Protection Clause of the Fourteenth Amendment and that the statutes were preempted by federal law. The District Court found for the Plaintiffs on the free speech, petition, and equal protection claims, but did not feel that the Plaintiffs stated a preemption claim. Wyoming then amended the statutes and the Plaintiffs amended their complaint re-alleging free speech and equal protection claims. The district court found for the defendants on a motion to dismiss. The Plaintiffs then appealed. Both Plaintiffs and Defendants had filed cross motions for summary judgment. The Court granted the Plaintiffs’ Motion for Summary Judgment and denied Defendants’’ Motion for Summary Judgment. The Court ultimately found that the Wyoming statutes were facially unconstitutional and in violation of the First Amendment to the Constitution. The State of Wyoming was permanently enjoined from enforcing the statutes. | Case | |
| Journal of Animal and Natural Resource Law, Vol. 14 |
Published by the students of Michigan State University College of Law Journal of Animal & Natural Resource LawVol. |
Policy | ||
| GA - Endangered - Article 5. Protection of Endangered Wildlife | Ga. Code Ann., § 27-3-130 to 133 | GA ST §§ 27-3-130 to 133 | These statutes provide for the definition of "protected" species and outline the duties of the board responsible for enforcing Georgia's endangered species law. Included in the Board's duties are inventorying and designating listed species and promulgating regulations. Violation of these regulations results in a misdemeanor. | Statute |
| CA - Cruelty - Part 9. Societies for Prevention of Cruelty to Children and Animals. | West's Ann. Cal. Corp. Code § 10400 - 10406 | CA CORP § 10400 - 10406 | This set of statutes outlines the rights and responsibilities of corporations that are formed for the prevention of cruelty to animals. | Statute |
| Duncan v. State | 975 N.E.2d 838 (Ct. App. Ind. 2012) | 2012 WL 4470240 (Ct. App. Ind.) |
A complaint regarding the welfare of horses led to the defendant being convicted of 6 charges of animal cruelty, all of which were class A misdemeanors. Upon appeal, the defendant argued that he had not knowingly waived his right to a jury trial, that Indiana’s animal cruelty law was unconstitutionally vague and that there was no sufficient evidence to overcome a defense of necessity. The appeals court agreed that the defendant did not knowingly waive his right to a jury trial and therefore reversed and remanded the case on that issue; however, the appeals court disagreed with the defendant on the other issues. The case was affirmed in part, reversed in part, and remanded. |
Case |
| IN RE: ERVIN STEBANE | 47 Agric. Dec. 1264 (1988) | 1988 WL 242938 (U.S.D.A.) | Licensed dealer who engaged in recurring pattern of trivial noncompliance with housekeeping requirements, failed to provide records on two occasions and failed to permit inspection on one occasion, is properly sanctioned with 20-day license suspension, $1500 civil penalty, and cease and desist order. | Case |
| LEY Nº 4095, 2009 | Declared of necessity and public utility, the construction of shelters for abandoned pets in the city of Oruro is authorized under this law to protect the health and physical integrity of people as well as the welfare of animals. | Statute |