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American Bird Conservancy v. Harvey |
Plaintiff, American Bird Conservancy, is a non-profit organization that was dedicated to the conservation of the Piping Plover (a threatened species) in this case. The individual Plaintiffs, David A. Krauss and Susan Scioli were also members of the organization, who observed Piping Plovers at Jones Beach, in New York State for many years. The Plaintiffs brought an action against Defendant Rose Harvey, the Commissioner of the New York State “Parks Office”. The Plaintiffs asserted that the Commissioner failed to act while members of the public routinely fed, built shelters, and cared for the feral cats on Jones Beach. As the cat colonies flourished, the Piping Plover population decreased due to attacks by the cats. The Plaintiffs contended that by failing to take measures to decrease the feral cat population, the Commissioner was allowing the cats to prey on the Piping Plover, in violation of the federal Endangered Species Act (ESA). The Commissioner moved to dismiss the complaint. The District Court, held that: (1) the affidavit and documentary evidence provided by the Alley Cat Allies (ACA) organization was outside the scope of permissible supporting materials for the motion to dismiss. (2)The Plaintiffs had standing to bring action alleging violation of the Endangered Species Act. The Commissioners motion to dismiss was denied. |
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907 Whitehead Street, Inc. v. Secretary of U.S. Dept. of Agriculture |
The appellant in this case, the Ernest Hemingway Home and Museum in Key West, Florida ("Museum"), appeals the lower court's determination that it is an animal exhibitor for purposes of the Animal Welfare Act ("AWA"). Appellant contends that while admission is charged for the Museum, it does not exhibit the Hemingway cats to the public for compensation; thus, the cats are not distributed through interstate commerce. The court, however, found that since the AWA itself is ambiguous on the question of whether "distribution" includes the fixed-site commercial display of animals, the USDA's broader interpretation of "distribution" and "exhibitor" are entitled to legal deference. While the court sympathized with the museum's frustrations, it affirmed the district court's findings of law and held that Museum is an AWA animal exhibitor subject to USDA regulation
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A Public Policy Toward the Management of Feral Cats |
This paper examines the current wildlife laws, both federal and state, to determine what laws may apply to managing the feral cat population. It begins with a determination of how domestic cats are classified under these laws. Since many laws are vague, the intent of the legislatures is investigated to determine if domestic cats were meant to be defined as a non-indigenous species. The focus then shifts to indicate ways to control the feral domestic cat population.
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Akron ex rel. Christman-Resch v. Akron |
City of Akron, Ohio cat owners filed suit against city, its mayor, and city council president, seeking declaratory judgment that new city code sections, relating to the trapping and euthanization of free-roaming cats, were unconstitutional. After the Court of Common Pleas, Summit County granted summary judgment to defendants, the cat owners appealed. The Court of Appeals held that the city's ordinances relating to the trapping and euthanization of free-roaming cats did not violate cat owners' substantive due process rights. Further, the ordinances which allowed a cat to be euthanized after three business days following the date of impoundment, did not violate cat owners' procedural due process rights or right to equal protection. Finally, the ordinances, which allowed city to seize free-roaming cats in response to complaints, did not violate the Fourth Amendment and city's actions were covered by sovereign immunity.
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Alvarez v. Clasen |
Plaintiff sued neighbors who trapped cat outside and brought it to an animal shelter where it was euthanized. This court held that private parties trapping a stray cat were not liable for conversion because local ordinances permitted animal shelters to hold stray cats.
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Animals v. Animals: A False Choice |
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Baker v. Middleton (unpublished opinion) |
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Beck v. Cornell University |
Plaintiff was a temporary employee in the dairy barns at defendant's Animal Science Teaching and Research Center, where a population of feral cats had been living. The Center had previously cared for the cats, but adopted a new policy to reduce the population for health and safety reasons. Despite the Center's directions not to feed the cats, the plaintiff continued to feed the cats with his own cat food and was fired. Plaintiff brought a suit for negligence and prima facie tort, which Supreme Court dismissed for failure to state a cause of action and the appellate court affirmed.
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Behind a Glass, Darkly |
As wild populations of big cats continue to decline precipitously, concerns about the ethical and environmental considerations of keeping cats for entertainment have increased exponentially. The plight of the big cat has been brought forcibly into the international media spotlight following high profile incidents like the tiger attack on Roy Horn at Las Vegas’ Mirage Casino. However, for every big cat whose instinct makes the national news, many suffer in silence, sacrificed to entertain the masses. Often, this cruelty to animals is rationalized under the wide net of “education,” since many people still believe there is valuable information to be gained from viewing animals trapped behind bars.
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Biological Overview of the Domestic Cat |
The domestic cat can be traced to the African Wild Cat. The species became close to humans in ancient Egypt. Cats are athletic and agile, which contributes to their skill as predators.
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