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Displaying 31 - 40 of 6637
| Title | Citation | Alternate Citation | Summary | Type |
|---|---|---|---|---|
| Clyncke v. Waneka | 157 P.3d 1072 (Colo. 2007) | 2007 WL 570412 (Colo.) |
In this Colorado case, an inexperienced horse rider who was injured in fall from horse during a horse roundup, brought an action under the Colorado Equine Activities Statute against the owners of riding stable. The lower court, after a jury trial, entered a judgment for the stable owners. On appeal at the Supreme Court, the Court found that the Equine Statute places a two-pronged duty on sponsors; a sponsor is liable when he or she fails to make reasonable efforts to determine either a participant's ability to engage in the equine activity or a participant's ability to manage a particular horse. Here, a new trial was in order because the result may have been different if court had properly instructed the jury regarding the exception from civil liability for the sponsor. |
Case |
| VT - Lost dog - Article 2. Killing Unlicensed Dogs; Subchapter 5. Control of Rabies | 20 V.S.A. § 3621 - 3626; 20 V.S.A. § 3806 - 3809 | VT ST T. 20 § 3621 - 3626; VT ST T. 20 § 3806 - 3809 | These Vermont statute provide the law for seizure, confinement of, and destruction of dogs and domestic wolf-hybrids. It also includes a warrant form necessary for local authorities to seize and impound an offending dog or wolf-hybrid. | Statute |
| Resolución 063/2018 - Mexico | Resolución 063/2018 - Mexico | The Human Rights Commission of the state of Guerrero, Mexico (Comisión de los Derechos Humanos del Estado de Guerrero) is the administrative authority responsible for overseeing human rights violations and issuing public recommendations and complaints when such violations are attributed to state and municipal authorities and public employees (See Comisión de los Derechos Humanos del Estado de Guerrero). In response to a complaint filed by members of the civil association “Responsible Citizen,” a professor, and students from the Master’s in Law program at the Autonomous University of Guerrero, the Commission addressed concerns against the director of the Zoochilpan Zoo. The complaint alleged violations of the Rights of Nature (recognized in Guerrero’s constitution since 2014) and the right to a healthy environment due to subpar conditions in which the zoo housed its animals. The complainants requested an inspection of the zoo to corroborate the conditions in which the animals were kept, which negatively affected their physical and mental health. During the inspection, the Commission observed animals of diverse species cohabiting, a pond with dirty water, and animals living in small enclosures. In addition, the President of the Institute for Handling and Conservation of Biodiversity stated that the zoo did not meet the standards of the Association of Zoos, breeders, and aquariums (AZCARM). Recommendations were issued, citing substandard conditions such as underweight animals, dirty enclosures, and improper feeder placement. As a result of these inspections, the Commission concluded that the animals were housed in inadequate conditions, violating Art 43, fractions I, XI, and XVII of the state anti-cruelty law. Moreover, it noted that these conditions could impact the human rights to a healthy environment for both visitors and zoo staff. The Commission’s recommendations are as follows: (1) The Secretary of the Environment and Natural Resources of the State is advised to develop and implement the recommendations issued by the President of the Institute for the Management and Conservation of Biodiversity and the General Attorney for Environmental Protection to guarantee the respectful and dignified treatment of the exhibited animals, their protection, and health, and to provide a healthy environment to humans; (2) The Commission recommended ongoing training for the zoo’s staff to cultivate a culture of protection and the dignified, respectful treatment of exhibited animals. This measure also aligns with the protection of the Rights of Nature, acknowledging animals as integral parts of it; (3) The Zoo Director is advised to implement both legal and administrative measures to ensure their animals’ dignified and respectful treatment. This included developing a budget that allocates funds for creating the necessary infrastructure, providing adequate food, and establishing optimal health conditions. These measures would allow wildlife to live in conditions similar to those of their species. | Case | |
| CR - Welfare - BIENESTAR DE LOS ANIMALES (Law 7451 on Animal Welfare) | Law 7451 |
(Text in Spanish). The law that regulates animal welfare in Costa Rica; its terms are based on the results of the OIE conference in Australia in 1994. |
Statute | |
| Nonhuman Rts. Project, Inc. v. Breheny | 197 N.E.3d 921, reargument denied, 39 N.Y.3d 967, 200 N.E.3d 121 (2022) | No. 52, 176 N.Y.S.3d 533, 2022 N.Y. Slip Op. 03859, 2022 WL 2122141 (N.Y., June 14, 2022) | This New York case centers on a petition of habeas corpus for an elephant named "Happy" who is housed at the Bronx Zoo. Petitioner Nonhuman Rights Project is a not-for-profit corporation with a mission of seeking to establish that “at least some nonhuman animals” are “legal persons” entitled to fundamental rights, including “bodily integrity and bodily liberty.” In 2018, petitioner commenced this habeas proceeding in Supreme Court against respondents James J. Breheny, Director of the Bronx Zoo, and the Wildlife Conservation Society, the organization that operates the Zoo. Petitioner sought a writ of habeas corpus “on behalf of Happy,” an Asian elephant that petitioner claimed was unlawfully confined at the Zoo in violation of her right to bodily liberty. Happy has resided at the Bronx Zoo for the last 45 years and has been held in captivity since she was approximately one year old. Petitioners request that she be transferred to an “appropriate sanctuary" where she could potentially be integrated with other elephants. To support its request, petitioner proffered affidavits from several experts specializing in elephant study and care attesting to the general characteristics of elephants. The Zoo respondents opposed petitioner's application and requested dismissal of the petition for lack of standing and failure to state a cause of action. Specifically, respondents argued that there was no legal basis for habeas relief and that Happy's living conditions comply with all relevant laws and accepted standards of care. The Supreme Court dismissed the petition on the ground “that animals are not ‘persons’ entitled to rights and protections afforded by the writ of habeas corpus” and that habeas relief is not available for an animal. On petitioner's appeal, the Appellate Division unanimously affirmed, reasoning that “the writ of habeas corpus is limited to human beings.” While the court acknowledged that the law recognizes that animals are not mere "things," and existing animal protection laws underscore this conclusion, the scope of habeas corpus does not include animals. The court lastly noted that " this case has garnered extraordinary interest from amici curiae and the public . . . Though beyond the purview of the courts, we appreciate that the desire and ability of our community to engage in a continuing dialogue regarding the protection and welfare of nonhuman animals is an essential characteristic of our humanity. Such dialogue, however, should be directed to the legislature." As such, the order of the Appellate Division was affirmed | Case |
| PA - Pittsburgh - CHAPTER 635: Other Animals And Fowl ( Article 3: Dogs, Cats, and Other Animals) | Pittsburgh, Pennsylvania Code of Ordinances, Article 3: Dogs, Cats, and Other Animals, Secs. 635.03 - 635.08 |
These Pittsburgh, Pennsylvania ordinances prohibit any person from riding or driving any animal-drawn conveyance on any street or sidewalk within the city except by permit or by authorization from the Director of the Department of Public Works. Whoever violates this provision will be fined $100 for the first offense and $300 for any subsequent offenses. Additionally, these ordinances provide provisions related to rodeos and whoever violates these provisions will be punished by a fine not to exceed $1,000, imprisonment of up to 30 days, or both. |
Local Ordinance | |
| People for Ethical Treatment of Animals, Inc. v. United States Department of Agriculture | 60 F.Supp.3d 14 (D.D.C. 2014) | On December 16, 2013, this Court issued an Opinion that dismissed a lawsuit brought by People for the Ethical Treatment of Animals alleging that the United States Department of Agriculture had unlawfully failed to implement the Animal Welfare Act with respect to birds. The Court found that the actions PETA sought to compel USDA to take—promulgating bird-specific regulations and enforcing the AWA against bird abusers—were committed to the agency's discretion by law. On January 13, 2014, PETA moved for reconsideration of the second part of that decision. PETA also asked, in the alternative, for leave to amend its Complaint. The government opposed both requests. Because the Court stands by its initial conclusions, and because leave to amend was not allowed at this juncture, it denied PETA's Motion. This case was appealed, see People for the Ethical Treatment of Animals v. U.S. Dept. of Agriculture, 797 F.3d 1087 (D.C. Cir., 2015). For a prior District Court case, see People for the Ethical Treatment of Animals v. U.S. Dept. of Agriculture, 7 F. Supp. 3d 1 (D.D.C. 2013) | Case | |
| Hopson v. Kreps | 622 F.2d 1375 (9th Cir. 1980) |
Action brought on behalf of Alaskan Eskimos which challenged the validity of the Department of Commerce regulations adopted pursuant to IWC Act. Plaintiffs claim is the the Commission exceeded its jurisdiction under the Convention when it eliminated the native subsistence exemption for Alaskan Eskimos. The Court reverses and remands the districts courts dismissal of the action. |
Case | |
| TN - Impound - Rabies. § 68-8-109. Observation; confinement or quarantine. | T. C. A. § 68-8-109 | TN ST § 68-8-109 | This Tennessee statute provides that if any animal has bitten any person, is suspected of having bitten any person or is for any reason suspected of being infected with rabies, the animal may be required to be placed under an observation period either by confinement or by quarantine for a period of time deemed necessary by the commissioner or rules of the department. | Statute |
| CÓDIGO PENAL PARA EL DISTRITO FEDERAL - Ciudad de Mexico | Criminal Code - Mexico City | Animal cruelty against any animal is considered a crime Under the Criminal Code of Mexico City since 2014. Chapter IV contains the provisions regarding the crimes committed by acts of cruelty or mistreatment against non-human animals. Article 350 BIS establishes that whoever intentionally mistreats or cruelly acts against any specimen of any animal species causing injury, damage, or alteration in their health will be punished with one to up to three years of imprisonment and three hundred to five hundred times the Units of Measure and Update. In addition, intentional acts of cruelty or mistreatment that cause the death of an animal will be punished with imprisonment from two years to up to six years and six hundred to twelve hundred times the Units of Measure and Update. | Statute |