Results
Title | Citation | Alternate Citation | Summary | Type |
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Revista Brasileira de Direito Animal Volume 10 |
Brazilian Animal Rights Review
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Policy | ||
Free v. Jordan | 10 S.W.2d 19 (Ark. 1928) | 178 Ark. 168 (1928) |
In a replevin action to recover possession of a lost dog from its finder, the court reversed and remanded the case so a jury could determine whether the statute of limitations was tolled due to the defendant's alleged fraudulent concealment of his possession of the dog. |
Case |
LA - Cruelty - § 107.1. Ritualistic acts | LSA-R.S. 14:107.1 | This Louisiana law states that it is necessary for "the immediate preservation of the public peace, health, morals, safety, and welfare and for the support of state government and its existing public institutions" to ban certain ritualistic acts. With regard to animals, the law defines a "ritualistic act" to include the mutilation, dismemberment, torture, abuse, or sacrifice of animals or the ingestion of animal blood or animal waste. Any person committing, attempting to commit, or conspiring with another to commit a ritualistic act may be sentenced to imprisonment for not more than five years or fined not more than five thousand dollars, or both. | Statute | |
AL - Dangerous Dog - Part 3 Animal Control Chilton County | Ala.Code 1975 § 45-11-172 - 172.08 | AL ST § 45-11-172 - 172.08 | This section of laws applies only to Chilton County. An animal control officer or law enforcement officer of the county shall investigate any incidents involving any dog reported to be dangerous or a nuisance in the unincorporated areas of the county. If an unowned dog has been reported to be dangerous and bites a person, the dog may be quarantined and destroyed pursuant to Section 3-7A-9(b). In addition, if there is probable cause to believe that an owned dog is dangerous or a nuisance and has caused serious physical injury or has caused damage to real or personal property, the law enforcement officer or animal control officer shall impound the dog pending disposition of a petition to declare a dog to be dangerous or a nuisance. A following section details the requirements for an owner of a dog that has been declared dangerous or a nuisance. | Statute |
AU - Cruelty - Queensland Animal Care and Protection Regulation 2002 | This regulation implements the Animal Care and Protection Act 2001; it contains the codes of practice to be observed for securing animal welfare. | Statute | ||
American Soc. for Prevention of Cruelty to Animals v. Feld Entertainment, Inc. | 677 F.Supp.2d 55, 2009 WL 5159752 (D.D.C., 2009) |
This opinion represents the nine-year culmination of litigation brought by plaintiff Tom Rider and Animal Protection Institute (API) against Defendant Feld Entertainment, Inc. (“FEI”) - the operator of Ringling Bros. and Barnum & Bailey traveling circus. Plaintiffs alleged that defendant's use of bullhooks and prolonged periods of chaining with respect to its circus elephants violates the Endangered Species Act, 16 U.S.C. § 1531, et seq. This Court held that plaintiffs failed to establish standing under Article III of the United States Constitution and entered judgment in favor of defendants. Since the Court concluded that plaintiffs lack standing, it did not reach the merits of plaintiffs' allegations that FEI “takes” its elephants in violation of Section 9 of the ESA. |
Case | |
IA - Dog - Iowa Dangerous Dog/General Dog Laws | I. C. A. § 351.1 - 46; I. C. A. § 162.20; § 481A.22; § 481A.56; § 481A.56A | IA ST 351.1 - .46; IA ST § 162.20; § 481A.22; § 481A.56; § 481A.56A | These Iowa statutes comprise the state's dog laws. With regard to damage done by dogs and dog bites, the owner of a dog shall be liable to an injured party for all damages done by the dog, when the dog is caught in the action of worrying, maiming, or killing a domestic animal, or the dog is attacking or attempting to bite a person, except when the party damaged is doing an unlawful act, directly contributing to the injury. Further, the law states that it shall be the duty of the owner of any dog, cat or other animal which has bitten or attacked a person or any person having knowledge of such bite or attack to report this act to a local health or law enforcement official. The section also contains general rabies vaccination provisions and a prohibition on dogs running at large (results in impoundment). | Statute |
Cohen v. Clark | 945 N.W.2d 792 (Iowa 2020) | 2020 WL 3524851 (Iowa June 30, 2020) | Karen Cohen possessed a severe allergy to pet dander which was medically documented. Cohen was even more severely allergic when exposed to cat dander which required her to carry an EpiPen with her. Initially her allergy to cats was the same as her allergy to dogs, however, with repeated exposure, her allergy to cats became worse. Cohen feared that her allergy to dogs would similarly progress if she were repeatedly exposed to dogs. As a result, Cohen entered into a lease agreement with 2800-1 LLC to rent an apartment relying on the fact that the apartment complex had a no pet policy. Two months into her lease, David Clark entered into a lease agreement with 2800-1 LLC to rent an apartment down the hall from Cohen. Shortly after moving in, Clark presented 2800-1 LLC with a letter from his psychiatrist explaining that due to Clark’s chronic mental illness a dog would benefit his mental health. Clark request a reasonable accommodation to have an emotional support animal (“ESA”) on the apartment premises. Jeffrey Clark, the leasing and property manager, notified the other tenants in the building of the request to accommodate the ESA and asked if any tenants had allergies to dogs. Cohen responded to Jeffrey detailing the allergies that she had to dogs and cats. Jeffrey subsequently contacted the Iowa Civil Rights Commission (“ICRC”) and requested a review or a formal agency determination. A staff member of the ICRC informed Jeffrey that he had to reasonably accommodate both Cohen’s allergies and Clark’s ESA request. There was no formal finding that this would constitute a reasonable accommodation. 2800-1 LLC allowed Clark to have a dog as his ESA while at the same time trying to mitigate Cohen’s allergies by having Cohen and Clark use separate stairwells and purchasing an air purifier for Cohen’s apartment. Despite the attempts to accommodate both tenants, Cohen still suffered allergic reactions and she had to limit the amount of time she spent in her apartment building. On September 27, 2017, Cohen brought a small claims action against 2800-1 LLC seeking one month’s rent as damages and alleging that 2800-1 LLC breached the express covenant of her lease that provided for no pets. Cohen also alleged that both Clark and 2800-1 LLC breached her implied warranty of quiet enjoyment. The small claims court dismissed Cohen’s claims. Cohen filed a notice of appeal three days later to the district court. The District Court concluded that 2800-1 LLC made sufficient efforts that would have justified denying Clark’s request for accommodation or asking him to move to another apartment building, however, because Iowa law was not sufficiently clear, they also dismissed the claims against 2800-1 LLC and Clark. Cohen filed an application for discretionary review to which 2800-1 LLC consented. The Supreme Court of Iowa granted the parties’ request for discretionary review. The Supreme Court noted that there is no law in Iowa or any other jurisdiction that clearly establishes how landlords should handle reasonable accommodation questions with ESAs. The Court ultimately found that Clark’s ESA was not a reasonable accommodation and that the 2800-1 LLC breached its promise to Cohen that the apartment would have no pets other than reasonable accommodations. 2800-1 LLC had other apartments available in other buildings that allowed pets. Cohen also had priority in time since she signed her lease first. The Court ultimately reversed and remanded the district court’s dismissal of Cohen’s case. | Case |
AL - Entertainment - § 40-12-111. Horse show, rodeo, or dog and pony shows. | Ala.Code 1975 § 40-12-111 | This Alabama laws states that every horse show, rodeo, dog and pony show, or like exhibition or show, where any charge is made therefor, shall pay a license tax of $25 for each day of performance. | Statute | |
ID - Initiatives - HJR2 (right to hunt) | HJR2 (2012) | This proposed amendment would provide that the rights to hunt, fish and trap are a valued part of Idaho's heritage and would preserve these rights for the people of Idaho and manage these rights through the laws of the state. This amendment specifies that hunting, fishing and trapping shall be a preferred means of managing wildlife. This amendment does not create a right to trespass or affect rights to divert or appropriate water. This amendment also will not prevent the suspension or revocation of licenses issued by the state for hunting, fishing or trapping. The measure was passed by 73.4% of voters. | Statute |