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Title Citation Alternate Citation Summary Type
WI - Racing - Chapter 562. Regulation of Racing and on-Track Pari-Mutuel Wagering W. S. A. 562.001 - 13 WI ST 562.001 - 13 Wisconsin's department of administration is responsible for issuing licenses for occupations of participants in horse racing and dog racing. In order to own and operate a racetrack where pari-mutuel wagering is conducted a license must be obtained. Before a license is obtained, a public hearing must be held and the city in which the racetrack is to operate must adopt the resolution. The Department is required to appoint an administrator that has experience in gaming management and knowledge of animal racing and pari-mutuel wagering. Greyhounds are required to be registered with the National Greyhound Association of Abilene, Kansas in order to enter into a race. This statute also prohibits the use of live lure or bait in the training of race dogs. A dog may not be entered into a race if it was trained with live bait. Statute
Decision AHC4806-2017 Decision AHC4806-2017 (Original case in Spanish below; English translation attached as pdf). The Supreme Court of Justice rules in favor of the spectacled bear, ‘Chucho’, granting him the habeas corpus after the bear’s attorney challenged the lower court decision that denied it. Chucho is a 22 year old spectacled bear that was born and raised in semi-captivity. He lived for 18 years in a natural reserve in the city of Manizales with his sister. After his sister died, Chucho became depressed and started escaping. The environmental authorities thought that it would be in the best interest of the bear to relocate him, for which they decided to move him to a zoo in the northern of Colombia. Unfortunately, the living conditions of Chucho were diminished, as he went from living in semi-captivity to living into a smaller area. Attorney Luis Domingo Maldonado filed an habeas corpus in representation of the bear that was denied on first instance by the civil chamber of the Superior Tribunal of Manizales. Attorney Luis Domingo Maldonado argued that the current legal system did not have a specific proper mechanism that allowed the taking of immediate and urgent measures to protect the rights of animals as sentient beings to retire them for centers of captivity when they have spent their lives in natural reserves. He also used as examples the precedents from Brazil and Argentina where a chimpanzee and an orangutan were granted habeas corpus. Attorney Maldonado sought that the court order the immediate and permanent relocation of Chucho to the natural reserve ‘La Planada’, located in the Department of Narino. The Civil Chamber reversed the decision on first instance, and ordered the relocation of Chucho from the zoo in Barranquilla to a more appropriate location of semi-captivity conditions. In its reasoning, the magistrate judge stated that animals are entitled to rights as sentient beings, not as humans, and that the idea is to insert a morality of respect to counter a global ecological public order where the tendency of men is to destroy the habitat. After long considerations, the chamber stated that it is necessary to modify the concept of ‘subject of rights’ in relation with nature, understanding that who is subject of rights is not necessarily correlatively-bound to have duties. “The legal, ethical and political purpose is the unavoidable need to create a strong conscience to protect the vital environment for the survival of men, conservation of the environment and as a frontal fight against the irrationality in the man-nature relationship.” Case
TN - Trusts - § 35-15-408. Trust for care of animal. T. C. A. § 35-15-408 TN ST § 35-15-408 This Tennessee trust law, amended in 2007, provides that a trust may be created to provide for the care of an animal alive during the settlor's lifetime. The trust terminates upon the death of the animal or, if the trust was created to provide for the care of more than one (1) animal alive during the settlor's lifetime, upon the death of the last surviving animal. The trust may not be enforced for more than 90 years. Statute
MD - Prince George's County - Breed - § 3-185.01 Pit Bull Terriers. PRINCE GEORGE'S COUNTY, MD., §§ 3-101, 3-116.01, 3-185.01 (1997)

Prince George's County, Maryland prohibits owning or keeping a Pit Bull Terrier with exceptions. If the person owned the dog prior to November 1, 1996, then s/he may continue to keep it if s/he complies with certain conditions, such as registering it with the Administrator of Animal Control and keeping an ID tag on the dog and keeping the dog inside or on a secure leash. Show dogs are allowed into the county on a temporary basis. Dogs that have been trained for security, search and rescue, or for police or fire services are exempt.  A violation of this ordinance may result in a fine of up to $1,000 or be sentenced to up to 6 months in prison. In addition, if a Pit Bull injures or kills a person or a domestic animal without provocation, then it will be destroyed.

Local Ordinance
NH - Agricultural Animals - Chapter 435. Animal Care, Breeding and Feed N.H. Rev. Stat. § 435:1 - 435:41 NH ST § 435:1 - 435:41 This New Hampshire chapter concerns the registration of breeding stallions and the proper care, feeding, and shelter of horses. The chapter also includes the New Hampshire Commercial Feed Law of 1971. Within this law are prohibitions on the misbranding or adulteration of commercial feed. The chapter additionally prohibits the feeding of raw garbage to swine. Statute
People v. Tohom 969 N.Y.S.2d 123 (N.Y.A.D. 2 Dept.,2013) 109 A.D.3d 253; 2013 WL 3455673 (N.Y.A.D. 2 Dept.); 2013 N.Y. Slip Op. 05234

This case, as a matter of first impression, considers whether a trial court was authorized to allow a "therapeutic comfort dog" to be present on witness stand for a 15-year-old-girl who was the victim in a predatory sexual assault and child endangerment case. Prosecutors sought to allow a Golden Retriever named Rose to accompany the child on the witness stand while she testified at the defendant’s trial. Prosecutors cited Criminal Procedure Law provisions regarding special witnesses and pointed to Executive Law §642-a, which allows a person supportive of a special witness to be “present and accessible” during testimony by such a witness. On appeal, defendant again argued that the dog would prejudice the jury against the defendant and would convey to the jury that the witness was under stress as a result of testifying and that this stress resulted from telling the truth. In finding that the comfort dog did not violate defendant's right to a fair trial, the appellate court agreed that the trial court's interpretation of Executive Law § 642-a "special witness" provision was correct. Further, the defendant failed to show that the dog Rose's presence was inherently prejudicial.

Case
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Janush v. Charities Housing Development Corp. 169 F.Supp.2d 1133 (N.D. Ca., 2000)

Tenant brought action under the Federal Fair Housing Act alleging that her landlord failed to reasonably accommodate her mental disability by refusing to allow her to keep companion animals in her rental unit. Tenant put forth evidence establishing that the animals lessened the effects of her mental disability by providing companionship. The housing authority argued that only service dogs are a reasonable accommodation. The court rejected the housing authority's argument, holding that animals other than service animal can be a reasonable accommodation for a disability. Also, the court noted that whether an accommodation is reasonable is a fact-specific inquiry, requiring an analysis of the burdens imposed on the housing authority and the benefits to the disabled person.

Case
OR - Animal Definitions - Chapter 87. Statutory Liens. Liens Generally. 87.142. Definitions O. R. S. § 87.142 This is Oregon's statutory definitions for Animal Statutes. Statute
Washington v. Washington State Commercial Passenger Fishing Vessel Ass'n 99 S.Ct. 3055 (1979) 443 U.S. 658 (1979)

The United States initiated an action seeking an interpretation of Indian fishing rights under treaties with Indian tribes of the Pacific Northwest.  The Court held that the language of the treaties securing a "right of taking fish . . . in common with all citizens of the Territory" was not intended merely to guarantee the Indians access to usual and accustomed fishing sites and an "equal opportunity" for individual Indians, along with non-Indians, to try to catch fish, but instead secures to the Indian tribes a right to harvest a share of each run of anadromous fish that passes through tribal fishing areas.  Thus, an equitable measure of the common right to take fish should initially divide the harvestable portion of each run that passes through a "usual and accustomed" place into approximately equal treaty and nontreaty shares, and should then reduce the treaty share if tribal needs may be satisfied by a lesser amount.  The Court also held that any state-law prohibition against compliance with the District Court's decree cannot survive the command of the Supremacy Clause, and the State Game and Fisheries Departments, as parties to this litigation, may be ordered to prepare a set of rules that will implement the court's interpretation of the parties' rights even if state law withholds from them the power to do so.

Case

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