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ANIMAL CRUELTY LEGISLATION: THE PASADO LAW AND ITS LEGACY |
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Animal Law in Australia |
This article provides a overview of the national and regional laws which deal with animals.
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Animal Law in California |
This law review provides a summary of the California animal law in the early 1980s. Topics that are discussed include: acquisition of title to animals; ownership rights; statutory criminal restrictions on owners; and indirect regulation by civil case law via actions in trespass, strict liability and negligence.
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Animal Legal Defense Fund v. California Exposition and State Fairs |
Plaintiffs brought a taxpayer action against defendants based on allegations that defendants committed animal cruelty every summer by transporting pregnant pigs and housing them in farrowing crates at the state fair. One defendant, joined by the other, demurred, contending plaintiffs' complaint failed to state a cause of action for three distinct reasons, including that California's animal cruelty laws were not enforceable through a taxpayer action. The trial court agreed on all accounts, and sustained the demurrer without leave to amend. The Court of Appeals addressed only one of plaintiffs' claims, that contrary to the trial court's conclusion, plaintiffs could assert a taxpayer action to enjoin waste arising out of defendants' alleged violation of the animal cruelty laws. Like the trial court, the appeals court rejected plaintiffs' contention, concluding that they could not circumvent the prohibition recognized in Animal Legal Defense Fund v. Mendes (2008) 160 Cal.App.4th 136, which concluded that recognition of a private right of action under West's Ann.Cal.Penal Code § 597t would be inconsistent with the Legislature's entrustment of enforcement of anti-cruelty laws to local authorities and humane societies, by couching their claim as a taxpayer action. The lower court’s decision was therefore affirmed. |
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Animal Legal Defense Fund v. Mendes |
Appellants ALDF asserted causes of action for violation of Penal Code section 597t for confining calves without an “adequate exercise area,” and for commission of unfair business practices under Business and Professions Code section 17200 et seq. In affirming the lower court's decision to dismiss the action, this court held that there is no private cause of action pursuant to Penal Code section 597t under the present circumstances, and none of the appellants have shown an ability to allege any facts of economic injury.
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Animal Legal Defense Fund v. Woodley |
In this North Carolina Case, Barbara and Robert Woodley (defendants) appeal from an injunction forfeiting all rights in the animals possessed by defendants and the removal of the animals from defendants' control, and an order granting temporary custody of the animals to the Animal Legal Defense Fund. On 23 December 2004, plaintiff filed a complaint against defendants seeking preliminary and permanent injunctions under North Carolina's Civil Remedy for Protection of Animals statute (Section 19A). N.C. Gen.Stat. § 19A-1 et seq. (2005). Plaintiff alleged that defendants abused and neglected a large number of dogs (as well as some birds) in their possession. On appeal, defendants argue that Section 19A is unconstitutional in that it purports to grant standing to persons who have suffered no injury, and that it violates Article IV, Section 13 of the N.C. Constitution by granting standing through statute. The court held that Article IV, Section 13 merely “abolished the distinction between actions at law and suits in equity," rather than placing limitations on the legislature's ability to create actions by statute, contrary to defendants' interpretation.
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ANIMAL LEGAL DEFENSE FUND, a California corporation, CHIMPANZEE COLLABORATORY, SARAH BAECKLER, AMAZING ANIMAL ACTORS, INC., a Ca |
Plaintiffs assert in their complaint that defendants, individuals and companies who use non-human primates in television and movie productions, engage in physical and psychological abuse of chimpanzees. According to plaintiffs, the abuse has been going on for years and includes violent beatings with sticks and other implements. Plaintiffs raise their first cause of action under the federal Endangered Species Act, contending that defendant's harassment, beating, and brutalization of the chimpanzees constitutes a "taking" under the ESA. Plaintiffs also raise causes of action under California law for specific recovery of property (e.g., the primates), conversion, violations under the California Business Code, and violations under the cruelty provisions of the California Penal Code. |
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Animal Legal Defense Fund, Wake County, A North Carolina Body Politic and Kelli Ferris, D.V.M., Plaintiffs v. Janie Conyers, Def |
Plaintiffs in this case consist of the Wake County Animal Care, Control, and Adoption Center and the local chapter of the ALDF. They seek preliminary and permanent injunctions pursuant to N.C. Gen. Stat. Secs. 19A-1 through 19A-4 against Defendant Janie Conyers, who was found to have 106 animals living in her house under deplorable conditions. Specifically, plaintiffs seek to enjoin Defendant from acquiring any animals for 10 years after entry of judgment in this action. Plaintiffs also moved for an order pursuant to N.C. Gen. Stat. 19A-4 terminating all possessory interests in the animals seized and awarding custody and possessory rights to the ALDF. Most of the animals suffer from severe chronic oral and skin conditions due to neglect. Included in the documents are affidavits from veterinary professionals and the director of Wake County Animal, Care, Control, and Adoption Center concerning both the conditions of the animals seized and the estimated costs of care for those animals during the pendency of the litigation. |
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Animal Liberation (Vic) Inc v Gasser |
Animal Liberation were injuncted from publishing words claiming animal cruelty in a circus or demonstrating against that circus. They were also found guilty of nuisance resulting from their demonstration outside that circus. On appeal, the injunctions were overturned although the finding of nuisance was upheld.
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Animal Liberation Ltd v Department of Environment & Conservation |
The applicants sought to restrain a proposed aerial shooting of pigs and goats on interlocutory basis pending the outcome of a suit claiming the aerial shooting would constitute cruelty. It was found that the applicants did not have a 'special interest' and as such did not have standing to bring the injunction. The application was dismissed.
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