Results
| Title | Citation | Alternate Citation | Agency Citation | Summary | Type |
|---|---|---|---|---|---|
| U.S. v. Winddancer | 435 F.Supp.2d 687 (M.D.Tenn., 2006) | 2006 WL 1722432 (M.D.Tenn.) |
This matter comes before the court on a Motion to Dismiss the Indictment filed by the defendant. The defendant, Ed Winddancer, was indicted on six counts relating to possessing and bartering eagle feathers and feathers plucked from other migratory birds. Winddancer did not have standing to challenge the manner in which the MBTA has been administered against him, because applying for a permit under the MBTA would not have been clearly futile. With regard to the BGEPA, the court found that defendant showed that the BGEPA substantially burdens his ability to possess eagle feathers. However, the court found that he did not show that his desire to possess the feathers arises from a sincere religious belief. Further, the court found that the government indeed has a compelling interest in protecting the bald and golden eagle, especially since there is no reasonable forensic method by which law enforcement can determine if a bird was accidentally or intentionally killed, killed a hundred years ago, or killed yesterday. |
Case | |
| World Law |
The Animal Legal & Historical Center houses laws, cases, and scholarly discussions on animal law topics from across the globe. See the different ways to access materials from different countries and regions below. |
Policy | |||
| NC - Hotels - § 72-7.1. Admittance of pets to hotel rooms | N.C.G.S.A. § 72-7.1 | N.C.G.S.A. § 72-7.1, NC ST § 72-7.1 | This North Carolina laws states that innkeepers may permit pets in rooms used for sleeping purposes and in adjoining rooms. Persons bringing pets into a room in which they are not permitted are in violation of this section and punishable according to subsection (d). All sleeping rooms in which the innkeeper permits pets must contain a sign posted in a prominent place in the room stating that pets are permitted in the room. | Statute | |
| GA - Initiatives - Georgia Amendment 2 (right to hunt) | 2006 Georgia Amendment 2 | This Georgia constitutional amendment was presented to voters on the 2006 ballot. The measure preserves the state's tradition of hunting and fishing for the public good. Amendment 2 passed by a margin of 81% to 19%. | Statute | ||
| WV - Eagle - § 20-2-5c. Protection of bald eagles and golden eagles; unlawful acts; | W. Va. Code, § 20-2-5c | WV ST § 20-2-5c | This statute makes it a misdemeanor to possess or barter in golden or bald eagles, and any subsequent convictions under this chapter result in felony prosecution. In addition to fines and imprisonment, violators face revocation of hunting license privileges for up to ten years. | Statute | |
| Lee v. Cook |
Amicus Curae brief on why suit for wrongful death of a dog can include emotional damages. |
Pleading | |||
| US - Assistance animals, housing - Subpart D. Prohibition Against Discrimination Because of Handicap. | 24 C.F.R. § 100.201 - 205 | These regulations set out the definitions relating to housing discrimination under the Federal Fair Housing Act. | Administrative | ||
| Jippes v. van Landbouw | Case C-189/01(ECJ) |
Jippes, an ECJ case from 2001, involved a legal dispute over the hoof and mouth pandemic ravaging Europe at the time. To stem spread of the disease, the EU passed a community directive banning the use of preventative vaccinations and mandating compulsory slaughter. The plaintiff—or “applicant,” as plaintiffs are referred to in Europe—owned a variety of farm animals, and, loathe to kill them, argued that European law embraced a general principle that animals were shielded from physical pain and suffering. Such a principle, the applicant argued, could only be overridden when absolutely necessary; and the compulsory slaughter directive was in direct conflict with this principle. The ECJ, however, rejected the applicant’s argument, holding that the Animal Welfare Protocol of 1997 did not delineate any new important animal-friendly principles in European law, but merely codified old ones. |
Case | ||
| Wright v. Fish and Game Commission (unpublished) | 2003 Cal. App. Unpub. LEXIS 8091 | 2003 WL 22007258 (Cal.App. 4 Dist.) |
The California Court of Appeal upheld the state's Fish and Game Commission’s ferret ban against an equal protection challenge from a ferret owner. The owner argued that the ban discriminated between ferret owners and owners of other companion animals. However, the court found a rational relation between the ban and concerns about wildlife and human health (from attacks and from rabies). |
Case | |
| IN - Cattle Slaughter - TAMIL NADU ANIMAL PRESERVATION ACT, 1958 | 10 of 1958 | The law, specific to the South Indian state of Tamil Nadu, prohibits the slaughter of bulls, bullocks, cows, calves, male and female buffaloes and buffalo calves without a certificate from the competent authority. The certificate shall be granted if the animal is over ten years old and is unfit for work or breeding, or if it has been permanently incapacitated for work. The Act also criminalizes injuring an animal in order to make it fit for slaughter. | Statute |