New Jersey
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Eyrich v. Earl |
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Diehl v. Cumberland Mut. Fire Ins. Co. |
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Detailed Discussion of New Jersey Great Ape Laws | The following article discusses Great Ape law in New Jersey. While New Jersey does not expressly forbid possession of great apes, personal possession is effectively banned by state regulations dealing with endangered and “potentially dangerous” species. Further, the state Nongame and Endangered Species Conservation Act bars the taking, possession, transportation and sale of endangered species. Great Apes are not specifically named, but rather are included by reference to the federal endangered species list. The ban on possession of endangered apes is buttressed by a companion regulation that states “no permit shall be issued for the possession of any species designated as endangered by the U.S. Department of the Interior. . .” Great apes are also covered under the state’s anti-cruelty laws. Unlike many other states, there are no general exemptions for research or other activities. |
DeRobertis by DeRobertis v. Randazzo |
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Bozzi v. City of Jersey City | This New Jersey case considers whether owning a dog creates an objectively reasonable expectation of privacy such that the owner's personal information in the dog licensing record might be exempt from disclosure under the New Jersey Open Public Records Act (OPRA). Plaintiff Ernest Bozzi, a licensed home improvement contractor, submitted a request to the City of Jersey City (Jersey City) for dog license records to solicit customers for his invisible fencing business. He sought only the names and addresses of dog owners. Jersey City denied his request, objecting on the ground that such a disclosure would violate the dog owners’ reasonable expectation of privacy and that such a disclosure would place dog owners and non-dog owners a risk for theft (e.g., non-dog owners might be singled out for robbery or burglary). The lower court found no privacy interest in disclosing the names to comply with plaintiff's request and the Appellate Division affirmed that order. Upon Jersey City's petition for certification, the New Jersey Supreme Court affirmed that ruling, finding that owning a dog is "substantially a public endeavor in which people do not have a reasonable expectation of privacy." In arguments on appeal, Jersey City contended that disclosure for the purpose of commercial solicitation was protected by the privacy exception of OPRA. The Supreme Court noted that OPRA was designed to promote transparency in the operation of government. In looking at the state legislature's continuing process of amending OPRA, the Court found legislative history that declined against recommendations to withhold addresses or phone numbers in exceptions to the Act. Thus, the Court found that Jersey City has failed to present a colorable claim that disclosure of dog license records would encroach on dog owners' reasonable expectations of privacy. In looking at the OPRA privacy clauses, the Court concluded that owning a dog is "inherently, a public endeavor." In fact, dog owners continually expose themselves through social media, vet visits, public dog parks, bumper stickers, and the like, which militates against the activity being a private activity. While there are other aspects of dog licensing that may expose dog owners to a risk, like disclosure that a dog is a service animal or identifying the particular breed of the dog and exposing an owner to possible theft, the release of names and addresses does not rise to that concern. The Appellate Division's judgment was affirmed. |
Arguello v. Behmke |
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