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Title Citation Alternate Citation Agency Citation Summary Type
environmental authorities operation to confiscate night monkeys from malaria labs Slideshow Images
TX - Dogs, rescue - Chapter 785. Search and Rescue Dogs V.T.C.A., Health & Safety Code § 785.001 - .005 Tex. Health & Safety Code Ann. § 785.001 - .005 This chapter of laws deals with search and rescue dogs and their handlers. All search and rescue dog handlers must be certified by the National Association for Search and Rescue or another state or nationally recognized search and rescue agency. This chapter of laws allows for search and rescue dogs and their handlers equal access to all public facilities. If any person denies access to a search and rescue dog or their handler, he or she will be guilty of a misdemeanor punishable by a fine of not less than $300 or more than $1,000. If the search and rescue dog causes any damage while in the facility, the handler will be solely responsible. Statute
Animal Legal Defense Fund v. LT Napa Partners LLC, 234 Cal. App. 4th 1270, 184 Cal. Rptr. 3d 759 (Cal. Ct. App. 2015), review filed (Apr. 16, 2015) 2015 WL 1004423 (Cal. Ct. App. 2015) Plaintiff and respondent Animal Legal Defense Fund filed an action against defendants and appellants LT Napa Partners LLC and Kenneth Frank for unfair competition, alleging defendants sold foie gras in their Napa restaurant in violation of California law. Defendants moved to strike plaintiff's claim pursuant to the anti-SLAPP statute, arguing it was exercising its free speech rights by protesting the law. Defendants appealed the trial court's denial of the motion. The appeals court affirmed the lower court's decision because the ALDF demonstrated probability of prevailing on the claim that it had standing under Unfair Competition Law (UCL); showed basis for liability against chef; and showed probability of prevailing on its claim that owner and chef unlawfully sold foie gras. Case
MA - Hunting - Chapter 131. Inland Fisheries and Game and Other Natural Resources. M.G.L.A. 131 § 5C MA ST 131 § 5C This law reflects Massachusetts' hunter harassment provision. Under the law, no person shall obstruct, interfere with or otherwise prevent the lawful taking of fish or wildlife by another at the locale where such activity is taking place. Acts prohibited include, but are not limited to, driving or disturbing wildlife, harassing another engaged in lawful taking of fish or wildlife, interjecting oneself into the line of fire, or erecting barriers to prevent access. A person may seek an injunction to prevent violation of this section and a person who sustains damages from any act in violation of the law may bring a civil action for punitive damages. Statute
US - Conservation - Fish & Wildlife Conservation Act 16 USC 2901 - 2912 The Fish and Wildlife Conservation Act, approved September 29, 1980, authorizes financial and technical assistance to the States for the development, revision, and implementation of conservation plans and programs for nongame fish and wildlife. The original Act authorized $5 million for each of Fiscal Years 1982 through 1985, for grants for development and implementation of comprehensive State nongame fish and wildlife plans and for administration of the Act. It also required the U.S. Fish and Wildlife Service to study potential mechanisms for funding these activities and report to Congress by March 1984. Statute
Moody v. State 253 Ga. 456 (1984) 253 Ga. 456 (1984)

Fifty-nine defendants appealed a judgment, which overruled a motion quash an indictment charging defendants with violating the dogfighting statute, O.C.G.A. §   16-12-37 . The court ruled the statute was not unconstitutionally overbroad, and that it required knowing and consensual involvement in dogfighting, therefore intent. The court further ruled that the law prohibited participation by gambling on the act, and the statute did not infringe on constitutionally protected conduct.

Case
U.S. v. Fountain 277 F.3d 714 (5th Cir. 2001)

Roosevelt Fountain, Sr. ("Fountain") and his daughter, Shirley Fountain Ellison ("Ellison") operated an oyster fishing business in Cameron Parish, Louisiana, called Fountain Seafood, Inc., where their convictions arose from the manner in which they operated the business (i.e., tagging violations, taking of oysters from closed areas, taking of excess limits of oysters, and licensing violations).  The indictment further contended that the appellants worked to accomplish this goal by creating false records relating to their oyster sales.  The court held that it was not error for no instruction on the term "willfully," since the false record provision refers to "knowingly" as the mens rea requirement.  Further, the court held that "materiality" is also not a provision of the Lacey Act's false records provision.

Case
Overlook Mut. Homes, Inc. v. Spencer 666 F. Supp. 2d 850 (S.D. Ohio 2009) The barking of Scooby the dog, caught the attention of nearby neighbors, and the Plaintiff, Overlook Mutual Housing Corporation. Overlook established a no-pet rule for its residents with an exception for service animals. Scooby's owners (the Spencers) received a letter warning them to remove the dog from their home. In response, the Spencers obtained a letter which requested that Overlook make a reasonable accommodation for their daughter Lynsey, who needed a support dog to facilitate in her psychological treatment. Overlook did not grant the Spencer's request for accommodation and filed a Complaint against them. The Spencers then filed a counter claim and Overlook then moved for summary judgment. The court stated that pet policies have to comply with the Federal Fair Housing Act (FHA). Based on the intent of the FHA to provide reasonable accommodation rather than public access like the ADA, HUD and the DOJ's recently revised regulations on the need for emotional support animals in HUD-assisted housing, and previous actions brought against housing providers that denied emotional support animals, this court concluded that emotional support animals can qualify as reasonable accommodations under the FHA. Further, the court held that they do not need to be individually trained like service animals. Overlook's motion for summary judgment was denied. Case
US - AWA - House Debate 1966 AWA House Resolution 821

This the debate in the House of Representatives for the initial adoption of the Animal Welfare Act in 1966. For discussion of Act see, Overview

Administrative
ID - Dangerous Dogs running at large - Chapter 28. Dogs. I.C. § 25-2805 ID ST § 25-2805 This Idaho statute provides that any person who lets his or her dog run at large after a complaint has been made to the sheriff shall be guilty of an infraction punishable as provided in section 18-113A, Idaho Code. Any person who lets his or her dog physically attack someone when not provoked shall be guilty of a misdemeanor in addition to any liability as provided in section 25-2806, Idaho Code. For a second or subsequent violation of this subsection, the court may, in the interest of public safety, order the owner to have the vicious dog destroyed or may direct the appropriate authorities to destroy the dog. Statute

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