|
Animal Legal Def. Fund v. Reynolds |
Plaintiffs, five non-profit organizations dedicated to animal protection, food safety, and other advocacy issues, filed suit challenging Iowa Code § 717.3B, which they contend infringes on their constitutional rights. Specifically, these organizations contend that Iowa's new "ag-gag" law criminalizes their actions in gathering information through undercover investigations at animal production facilities. These organizations must misrepresent or conceal their identities to gather gather evidence of animal abuse and other alleged illegal conduct in day-to-day activities at facilities where they suspect wrongdoing occurs. Iowa Code § 717A.3B is the second in a series of laws passed by the Iowa legislature aimed at criminalizing undercover investigations such as the ones conducted by Plaintiffs. The previous law was challenged by these same plaintiffs and a permanent injunction was passed by the United States District Court. The defendants challenged the injunction in the Eighth Circuit, but before that was decided, the Iowa legislature passed the new section (§ 717A.3B). Here, both parties have filed Cross-Motions for Summary Judgment. Plaintiffs contend that the new law violates the First Amendment of the United States Constitution because it discriminates based on content and viewpoint and cannot survive strict scrutiny. Defendants argue that the law does not regulate protected speech under the First Amendment or, if it does regulate protected speech, it is content-neutral and viewpoint-neutral and passes intermediate scrutiny. The court first noted that the issue with § 717A.3B, and other laws aimed at prohibiting trespassers at agricultural facilities, is the law seeks to single out specific individuals for punishment based on their viewpoint regarding such facilities. This law operates in a viewpoint discriminatory fashion because it prohibits the deceptive trespasser who gains access or obtain employment at an agricultural facility with the intent to cause “economic harm ... to the agricultural production facility's ... business interest" as opposed to trespassers with an intent to benefit the facility. Thus, Section 717A.3B does not focus solely on the right to exclude, the legally cognizable harm of trespass, but only on the right to exclude those with particular viewpoints. While the court noted that a state legislature may determine whether specific facilities—such as agricultural facilities, nuclear power plants, military bases, or other sensitive buildings—are entitled to special legal protections, the First Amendment does not allow those protections to be based on a violator's viewpoint. Plaintiffs' Motion for Summary Judgment was granted and Defendant's was denied. |
|
Animal Legal Def. Fund v. Otter |
The Animal Legal Defense Fund, and various other organizations and individuals, challenge Idaho Code § 18–7042 as unconstitutional. Section 18-7042 criminalizes undercover investigations of agricultural production facilities. ALDF alleges that § 18–7042 has both the purpose and effect of stifling public debate about modern agriculture and raises two substantive constitutional challenges against the State: (1) violation of the Free Speech Clause of the First Amendment; and (2) violation of the Equal Protection Clause of the Fourteenth Amendment. The Court first found that § 18–7042 is both content and viewpoint based, and thus, must survive the highest level of scrutiny. The Court held that the law does not survive strict scrutiny because it "would contravene strong First Amendment values to say the State has a compelling interest in affording these heavily regulated facilities extra protection from public scrutiny." Even if the interests in property and privacy of these industries is compelling, the law is not narrowly tailored as it restricts more speech than necessary and poses a "particularly serious threat to whistleblowers' free speech rights." Finally, the Court found that the law also violated the Equal Protection clause because the law was spurred by an improper animus toward animal welfare groups, furthers no legitimate or rational purpose, and classifies activities protected by the First Amendment based on content. ALDF's motion for summary judgment was granted. |
|
Animal Legal Def. Fund v. Olympic Game Farm, Inc. |
This case has to do with the mistreatment and unsafe captivity of numerous animals kept at a roadside zoo in Sequim, Washington called Olympic Game Farm (OGF). The Animal Legal Defense Fund (ALDF) alleged that OGF’s failure to abide by the Federal Endangered Species Act, as well as alleged violations of Washington State animal cruelty laws created a public nuisance. OGF admitted one of the allegations, specifically, that they are not accredited but possess or display Roosevelt Elk. That was an admitted violation of Washington law which makes it unlawful for a non-accredited facility to possess such a species. That single admission supported ALDF’s public nuisance claim in addition to all of the other alleged state violations. The court stated that ALDF met the "low bar" of standing in a public nuisance context. Accordingly, OGF’s Motion to Dismiss was denied. |
|
Animal Legal Def. Fund v. Olympic Game Farm, Inc. |
This matter concerns defendant Olympic Game Farm, Inc.'s Motion for Summary Judgment after plaintiff sued those owners and operators of an animal-based attraction on the Olympic Peninsula for violating the federal Endangered Species Act (“ESA”) by taking and possessing protected species and creating a public nuisance in violation of Washington state law. Specifically, defendants seek a summary determination that its brown bears, wolves, and Canada lynx are not listed species for purposes of the ESA, that it has not harmed, harassed, or possessed any species in violation of the ESA, and that it is not a public nuisance. In granting the motion in part, the court held that grizzly bears found in Washington state are protected under the Endangered Species Act and wolves with some domestic dog ancestry are also protected by the Endangered Species Act. However, the animal welfare group did not give the operators enough notice of their claims regarding the housing and care of the grizzly bears. The court also found it unclear whether allowing tourists to feed grizzly bears large amounts of bread is a violation of accepted animal care practices. With regard to the wild cats, the animal welfare group did not prove that the operators' lion enclosures failing to meet the aspirational Association of Zoos and Aquariums (“AZA”) standards, a standard met by only a minimum of USDA exhibitors, showed a failure to meet a "generally accepted standard" of care. In contrast, the court found that it was unclear whether the operators provided adequate veterinary care for their tigers and thus, this aspect of the ESA claim may proceed. On the state nuisance claim, the court held that the operators' alleged violations of the Endangered Species Act did not constitute a public nuisance. Finally, it was unclear whether the operators' treatment of a Canada lynx's fractured femoral bone violated Washington's animal cruelty laws. Said, the court, "[a]lthough it is not clear that mere negligence in providing veterinary care violates Washington's animal cruelty laws, in the absence of any countervailing argument or facts, plaintiff has raised a triable issue of fact regarding this claim." The motion was granted in part and denied in part. |
|
Andrus v. Allard |
The Court holds that the narrow exception in the BGEPA for "possession and transportation" of pre-existing eagles and eagle artifacts does not extend to sale of the those lawfully obtained artifacts. The legislative history and plain language of the statute is clear on Congress' intent to prohibit any commerce in eagles. This prohibition on commerce in eagle artifacts does not constitute an unconstitutional taking because the ability to sell the property is but one strand in the owner's bundle of property rights. The denial of one property right does not automatically equate a taking. For further discussion on the prohibition in commerce of pre-existing eagle artifacts, see
Detailed Discussion of Eagle Act.
|
|
Andrews v. City of West Branch Iowa |
|
|
Anderson v. Evans |
Advocacy groups challenged governments approval of quota for whale hunting by the Makah Indian Tribe. The Court of Appeals held that in granting the quota, the government violated the NEPA by failing to prepare an impact statement, and, that the MMPA applied to the tribe's whale hunt. REVERSED.
|
|
Anderson v. Evans |
Concerned citizens and animal conservation groups brought an action against United States government, challenging the government's approval of quota for whale hunting by Makah Indian Tribe located in Washington state. On appeal by the plaintiffs, the Court of Appeals held that the failure of the government to prepare an Environmental Impact Statement before approving a whale quota for the Makah Tribe violated National Environmental Policy Act (NEPA). The court also found that the Marine Mammal Protection Act (MMPA) applied to tribe's proposed whale hunt, as the proposed whale takings were not excluded by the treaty with the tribe.
|
|
Anderson v. Creighton |
Suit was brought against FBI agent seeking damages resulting from warrantless search of residents' home.
|
|
Anderson v. City of Camden |
Defendant Animal Control officers took Plaintiffs' two dogs pursuant to a pick-up order issued by a Magistrate of Kershaw County. The two dogs had a history of attacking other dogs and of running loose. Plaintiffs filed Fourth Amendment and South Carolina Tort Claims Act claims against Defendants. Court granted Defendants' motions for summary judgment because they did not violate a clearly established constitutional law, and were, therefore, entitled to qualified immunity from Plaintiffs' Fourth Amendment claim.
|
