New York

Displaying 201 - 202 of 202
Titlesort ascending Summary
American Soc. for Cruelty to Animals v. Board of Trustees of State
In New York, an animal protection organization sought a judgment that would allow the public to attend meetings for a university’s animal use organization.

 

Such attendance was required under the New York Consolidated Law.

 

However, because the university meetings did not involve matters affecting the public or public policy, and since the animal protection organization was not considered a “public body,” public attendance was not ordered.

 

Alliance to End Chickens as Kaporos v. New York City Police Dept Kaporos is a customary Jewish ritual which entails grasping a live chicken and swinging the bird three times overhead while saying a prayer. Upon completion of the prayer, the chicken's throat is slit and its meat is donated. The practice takes place outdoors, on public streets in Brooklyn. The Plaintiffs include the Alliance to End Chickens as Kaporos and individual Plaintiffs who reside, work or travel, within Brooklyn neighborhoods. The Defendants included City defendants such as the New York City Police Department and non-City defendants such as individual Orthodox Jewish rabbis. The Plaintiffs alleged that Kaporos is a health hazard and cruel to animals. Plaintiffs requested the remedy of mandamus to compel the City Defendants to enforce certain laws related to preserving public health and preventing animal cruelty. The Supreme Court, Appellate Division, First Department, New York affirmed the Supreme Court's dismissal of the proceedings against the City defendants. The Court reasoned that none of the laws or regulations that the Plaintiffs relied on precluded the City Defendants from deciding whether or not to engage in Kaporos. Also, the Plaintiffs did not have a “clear legal right” to dictate which laws are enforced, how, or against whom. The Court stated that determining which laws and regulations might be properly enforced against the non-City defendants without infringing upon their free exercise of religion could not be dictated by the court through mandamus.

Pages