Results
| Title | Citation | Alternate Citation | Agency Citation | Summary | Type |
|---|---|---|---|---|---|
| AFADA habeas corpus Cecilia | EXPTE. NRO. P-72.254/15 | “Abogados y Funcionarios de defensa Animal” (AFADA) brought a writ of habeas corpus on behalf of Cecilia, a 30 year old chimpanzee that lived in the Mendoza Zoo alleging that the chimpanzee had been illegitimately and arbitrarily deprived of her right to ambulatory freedom and right to have a dignified life on the part of authorities of the Zoo of the City of Mendoza, Argentina. The court granted habeas corpus to Cecilia, ruling that Cecilia was a living being with rights and instructing defendants to immediately free her and to relocate her to the Great Ape Project Sanctuary in Brazil. Until this moment, only humans illegally detained had been granted this writ. | Case | ||
| CA - Slaughter - § 599f. Nonambulatory animals; slaughter houses, stockyards, auctions, market agencies, or dealers; transaction | West's Ann. Cal. Penal Code § 599f | CA PENAL § 599f | As used in this section, "nonambulatory" means unable to stand and walk without assistance. This statute prohibits a slaughterhouse that is not inspected by the United States Department of Agriculture, stockyard, or auction shall buy, sell, or receive a nonambulatory animal. Effective July 2008, the law also states that no slaughterhouse shall sell meat from non-ambulatory animals for human consumption. The penalty was also increased from an unspecified misdemeanor to a penalty of up to one year in jail or a fine of up to $20,000 or both. | Statute | |
| EU - Farming - 78/923/EEC: Council Decision of 19 June 1978 concerning the conclusion of the European Convention for the protect | 78/923/EEC |
This EU council decision approves the European Convention for the protection of animals kept for farming purposes on behalf of the European Economic Community. It has the aim of protecting animals kept for farming purposes, particularly in modem intensive production systems. |
Statute | ||
| Robinson v. U.S. | 718 F.2d 336 (10th Cir. 1983) |
Richard "Dick" Robinson was charged by the Department of Agriculture with violating the Animal Welfare Act for transporting a wolf from Utah to California for exhibition on television without a license. Robinson exhibited the wolf on several television programs to promote his most recent book about his exploits as an animal trainer and producer of animal films. Respondent once held a valid exhibitor's license under the AWA, but the license was revoked in 1979 when Robinson failed to comply with the terms of a consent decision requiring him to install more adequate plywood cover for his bear cages. After a hearing, the Administrative Law Judge (ALJ) for the Department of Agriculture issued a cease and desist order to prevent Robinson from further illegally transporting and exhibiting his animals and assessed a $500 civil penalty against him. The Judicial Officer of the Department of Agriculture affirmed the order of the ALJ on appeal. The 10th Circuit affirmed the ALJ's conclusion that a cease and desist order by itself was insufficient and that a $500 penalty was necessary to impress Robinson with the need to comply with the Act's requirements in the future. |
Case | ||
| WV - Racing - Article 23. Horse and Dog Racing | W. Va. Code, § 19-23-9 - 19-23-30 | WV ST § 19-23-9 - § 19-23-30 | This Act requires a license from the West Virginia Racing Commission in order to conduct horse or dog racing. Anyone who participates or has anything to do with dog racing or horse racing at a licensed track, such as employees and horse/dog owners, must have a permit from the commission. This Act allows for the West Virginia Racing Commission to continue its existence as a public corporation. The Commission has full jurisdiction over and must supervise all horse and dog race meetings and all persons involved in the holding or conducting of horse and dog race meetings. Each county that already permits horse racing must vote and approve dog racing in order for the Commission to issue a license for a racing facility. | Statute | |
| Kollman Ramos v. U.S. Dept. Of Agr. | 322 Fed.Appx. 814 (C.A.11) | Slip Copy, 2009 WL 922661 (C.A.11) |
Petitioner sought to have the United States Court of Appeals, Eleventh Circuit, set aside a Default Decision and Order of a United States Department of Agriculture Judicial Officer concluding that Petitioner had willfully violated multiple provisions of the AWA, including knowingly operating as a dealer without a license by delivering for transportation, or transporting, two lions for exhibition without a valid license to do so, causing injury to two lions that resulted in the death of one of the lions, and lying to investigators about Petitioner’s actions. The Court affirmed the Judicial Officer’s Decision and Order, finding, among other things, that the USDA did not err in concluding that Petitioner failed to admit or deny any material allegations in the complaint and was thus deemed to have admitted all allegations, the Judicial Officer did not abuse his discretion by revoking Petitioner’s AWA license on a finding of willfulness, and that that the Judicial Officer’s Decision and Order did not violate fundamental principles of fairness as embodied in the Fifth Amendment of the United States Constitution, the Administrative Procedures Act, the Animal Welfare Act, and the USDA’s rules. |
Case | |
| Sentencia C-283, 2014 | Sentencia C-283/14 | This is an unconstitutionality claim against Articles 1º, 2º and 3º of Ley 1638, 2013 that prohibit the use of native and exotic wild animals in circuses. Plaintiffs argued that these Articles violated numerous provisions of the Constitution, including the right to work, right to choose a profession, rights to culture and recreation, and a violation to the freedom private initiative of the owners of the circuses. In decision C-283, the court held that Congress has the power to prohibit certain cultural manifestations that involve animal cruelty. The Court stated that “culture needs to be permanently reevaluated so it can adapt to human evolution, to guarantee of rights and the fulfillment of duties. Especially when the purpose is to eliminate the traces of a marginalized society that has excluded certain individuals and collectives.” The court also stated that the duty to protect animals is not absolute, as its application can be limited by values, principles and constitutional norms in specific cases that are contradictory to the principales. The judge must analyze each case under a reasonableness test, in a way that cultural manifestations can work harmoniously with the rights, principles, and duties established in the legal system. The Court held Article 1 of Ley 1638, 2013 constitutional, and refrains from deciding on the constitutionality of Articles 2 and 3, for lack of evidence to render a decision. | Case | ||
| US - AWA - 1976 Public Law 94-279 | 1976 PL 94-279 | The 1976 Amendments of the AWA dealt with several new topics: (1) transportation carriers and intermediate handlers of animals were brought under the provisions of the Act, (2) a number of specific transportation problems were addressed by Congress, (3) a new provision was added which made it a crime to knowingly sponsor, participate in, transport, or use the mails to promote fights between live birds, live dogs or other mammals, (4) the penalty provisions were rewritten, allowing the broad use of civil fines. | Statute | ||
| AK - Exotic Animals - Title 5. Fish and Game. Article 3. Permits. | 5 AAC 92.029 - 035 | 5 AK ADC 92.029 to .035 | These Alaska regulation provides that, except as otherwise provided in this chapter, no person may possess, import, release, export, or assist in those actions, live game, unless the person holds a possession permit issued by the department. The regulations also list species that may be possessed without a permit, but may not be released into the wild which includes dogs,cats, chimpanzees, white rats, and many others. The department may not issue a permit for the capture, possession, import, or export of any game animal, including a hybrid species of a game animal, for use as a pet. Any of the listed species of bird, mammal, or reptile that is endangered may not be held in private ownership without a permit from the United States Fish and Wildlife Service. | Administrative | |
| Connecticut General Statutes 1918: Chapter 329: Section 6268 | Conn. Gen. Stat. § 6268 (1918) | Section 6268 of Chapter 329 from the 1918 General Laws of Connecticut covers the unlawful injury to certain property of another. Specifically, the statute states the punishment for hurting, maiming, poisoning anther's cattle, ox, horse, and mule. | Statute |