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Showing posts with label Animal Legal Defense Fund. Show all posts
Showing posts with label Animal Legal Defense Fund. Show all posts

Saturday, August 18, 2018

Who Gets The Pets In A Divorce? What You Need To Consider When Fighting Over Fido


You might think of your dog as your fur child, but the law would not agree.

“In the eyes of the law, they are really no different than the silverware, the cars, the home,” says Joyce Tischler, director of litigation for the Animal Legal Defense Fund.

But in more and more American homes, splitting the pets could get pretty contentious.

Consider the numbers. Sixty-three percent — 71.1 million — of U.S. households own pets, according to the latest National Pet Owners Survey. The bulk of those animals are dogs — about 44 million. Americans are expected to spend about $41 billion on their pets this year, a $24 billion increase since 1994, according to the American Pet Products Manufacturers Association.

Then throw in lifestyle and societal changes: more couples have fewer children than a generation or two ago and view their pets as their kids or companions, owners pay $2,000 for an orthopedist to reconstruct a dog’s knee; designers such as Isaac Mizrahi create pink trench coats and white tulle bridal dresses for the fashion-conscious canine whose owner shops at Target, and high-end pet stores sell rhinestone-studded dog collars, peanut butter biscotti instead of run-of-the-mill dog treats, and strollers for the walking-averse pampered pooch.

“When you put all of that together, it’s no wonder that we’re beginning to see an increasing number of custody battles involving companion animals,” Tischler says.

The American Academy of Matrimonial Lawyers conducted a poll of 1,500 members and nearly a quarter said they had noticed an increase in custody issues of pets. Judges have had to determine not only who gets the dog but whether one party has the right even to see the dog after the marriage breaks up.

To read more on this story, click here: Who Gets The Pets In A Divorce? What You Need To Consider When Fighting Over Fido

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Monday, August 13, 2018

Justice, An 8-Year-Old American Quarter Horse, Is Suing His Owners For Neglect


Group files suit in name of animal; experts say ruling would be revolutionary

Estacada, Oregon - Justice is an 8-year-old American quarter horse who used to be named Shadow. And when he was named Shadow, he suffered. At a veterinarian’s exam last year, he was 300 pounds underweight, his black coat lice-ridden, his skin scabbed and his genitals so frostbitten that they might still require amputation.

The horse had been left outside and underfed by his previous owner, who last summer pleaded guilty to criminal neglect. And now Justice, who today resides with other rescued equines on a quiet wooded farm within view of Oregon’s Cascade mountains, is suing his former owner for negligence. In a lawsuit filed in his new name in a county court, the horse seeks at least $100,000 for veterinary care, as well as damages “for pain and suffering,” to fund a trust that would stay with him no matter who is his caretaker.

The complaint is the latest bid in a quixotic quest to get courts to recognize animals as plaintiffs, something supporters and critics alike say would be revolutionary. The few previous attempts — including a recent high-profile case over whether a monkey can own a copyright — have failed, with judges ruling in various ways that the nonhumans lacked legal standing to sue. But Justice’s case, the animal rights lawyers behind it contend, is built on court decisions and statutes that give it a stronger chance, particularly in a state with some of the nation’s most progressive animal protection laws.

“There have been a lot of efforts to try to get animals not only to be protected but to have the right to go to court when their rights are violated,” said Matthew Liebman, director of litigation at the Animal Legal Defense Fund, which filed the suit in Justice’s name. Those “haven’t found the right key to the courthouse door. And we’re hopeful that this is the key.”

These efforts have been made amid broad growth in legal protections and advocacy for animals. Three decades ago, few law schools offered courses in animal law; now, more than 150 do, and some states have created animal law prosecutorial units. All 50 states have enacted felony penalties for animal abuse. Connecticut last year became the first state to allow courts to appoint lawyers or law students as advocates in animal cruelty cases, in part because overburdened prosecutors were dismissing a majority of such cases.

These developments count as progress, animal rights lawyers say, in persuading lawmakers and courts to expand the traditional legal view of animals — as property — to reflect their role in a society in which dog-sitting is big business and divorces can involve cat custody battles.

“Our legislature acknowledged that people care a lot about animals, and that’s something that’s evolving and increasing,” said Jessica Rubin, a University of Connecticut law professor who serves as an advocate in that state’s cruelty cases. “The law, hopefully, is catching up to where our morals are.”

But expanding the protections for animals is quite different from granting them legal standing, which courts have not been willing to do. In 2004, a federal appeals court shot down a suit in the name of the world’s cetaceans, in which President George W. Bush and Defense Secretary Donald Rumsfeld were sued over the U.S. Navy’s use of sonar. In 2012, a U.S. District Court dismissed a suit filed on behalf of five SeaWorld orcas, which argued that their captivity was a violation of the 13th Amendment’s prohibition on slavery. This spring, a federal appeals court ruled that a crested macaque that took its own photo could not sue for copyright protection, saying “this monkey — and all animals, since they are not human — lacks statutory standing under the Copyright Act.”

In New York courts, a group called the Nonhuman Rights Project has for several years sought writs of habeas corpus for captive chimpanzees, arguing that they are “legal persons” — a term that can apply to corporations and ships — and have a right to freedom. While judges have occasionally praised the effort, they have ultimately rejected it, saying chimpanzees cannot bear the duties and responsibilities required of legal persons.

Against that backdrop, Liebman says Justice’s case is “more reasonable” than the others. It does not involve the Constitution or historically weighted concepts such as slavery or a writ of habeas corpus. It’s not so, well, silly-sounding as copyright for a monkey.

Instead, he and colleagues say, it is a logical next step. Their argument goes like this: While some state cruelty laws were written to protect animal owners or public morals, Oregon’s anti-cruelty law makes plain it is intended to protect animals, which it calls “sentient beings.” What’s more, state courts have ruled that animals can be considered individual victims. And because victims have the right to sue their abusers, the lawsuit says, Justice should be able to sue his former owner.

Justice, of course, has no idea he is suing. Sarah Hanneken, an Animal Legal Defense Fund attorney in Portland, says that Justice’s ignorance of the lawsuit is irrelevant.

“This whole idea of somebody who has been injured by the acts of another and not being able to speak for themselves in court, so having an adult human do it for them, this is not new,” Hanneken said. “Children are allowed to bring lawsuits, because we recognize that children have interests that laws protect.”

According to court filings, Justice’s former owner, Gwendolyn Vercher, surrendered the horse to a rescue organization in March 2017 at the urging of a neighbor in Cornelius, west of Portland. In a letter to law enforcement, an equine veterinarian who examined the horse at the time said he was “severely emaciated,” lethargic and weak. That poor condition probably contributed to a lasting problem — the animal’s penis had prolapsed, and his inability to retract it led to frostbite, trauma and infection.

“When I got him, he was a lot worse than I anticipated,” said Kim Mosiman, executive director of Sound Equine Options, which takes in and finds homes for about 100 horses each year.

Justice, whom Mosiman fondly describes as “like a grumpy old man,” has gained weight and become more social. On a sun-soaked afternoon at the dusty farm in Estacada, he nibbled grass alongside a retired racehorse named Flick and used his nose to nudge the notebook of a visiting reporter. But the lawsuit says his penis may require partial amputation and that his medical conditions will demand long-term care.

“I’m trying to find someone who wants to adopt him,” Mosiman said. “But if they find out they’re going to have to be financially responsible for him, he’s never going anywhere.”

Some animal law experts warn that Justice’s lawsuit is extreme, even dangerous. Richard Cupp, a Pepperdine University law professor who has been critical of the chimpanzee personhood cases, said he thinks the horse case has even more radical implications.

Allowing Justice to sue could mean any animal protected under Oregon’s anti-cruelty statute — a class that includes thousands of pets, zoo animals and even wildlife — could do the same, he said. (Livestock, lab animals, hunting targets, rodeo animals and invertebrates are exempted.) If this approach were adopted elsewhere, Cupp said, a stampede of animal litigation could overrun courts.

“Any case that could lead to billions of animals having the potential to file lawsuits is a shocker in the biggest way,” Cupp said. “Once you say a horse or dog or cat can personally sue over being abused, it’s not too big a jump to say, ‘Well, we’re kind of establishing that they’re legal persons with that. And legal persons can’t be eaten.’ ”

Cupp emphasized that he supports Oregon’s progressive animal cruelty laws and rulings. But legislation is a more reasonable way of expanding animal protections, he said. Justice’s case, for example, could be addressed through a law requiring an abuser to cover an animal’s future care. “This would not be bad for society,” Cupp said. “We do need to evolve. We’re not doing enough to protect animals.”

Cupp points to a Connecticut law as one that maintains an important distinction between animals and people. It focuses on “the interests of justice,” not the animals’ interests.

Geordie Duckler, a Portland animal law attorney who represents Vercher, said he views the horse lawsuit as a publicity stunt, one he does not expect Oregon courts to take very seriously.
“There’s a massive chasm between saying a thing is a victim and saying now it must have rights, and the rights are apparently the full panoply of rights, and must include a right to sue,” Duckler said. “There’s no such thing as a right in a vacuum. … As soon as you have animal rights, then you’d better have animal jails and prosecutions against animals.”

The slippery-slope arguments are familiar to Mosiman, who calls her group an animal welfare, not animal rights, organization. When she considered Justice’s long-term needs, though, she had no qualms about signing him up as a plaintiff, she said.

“It was pretty clear-cut: If he wasn’t starved, this wouldn’t have happened,” Mosiman said as Justice languidly scratched his neck and head against a towering pine tree. “It’s about him.”





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Friday, July 14, 2017

In Maryland, it is Illegal for a Bystander to Smash a Car Window to Save a Pet Trapped in a Hot Car


During the dog days of summer, the last place your dog should be is in a car alone.

In Maryland, it is illegal to leave a cat or dog in a standing or parked car in a manner that endangers the health or safety of that animal.

It is also illegal for a bystander to smash a car window to save a pet trapped in a hot car.

The law allows for police, local and state public safety employees, animal control officers, and fire rescue volunteers to use reasonable force to remove a cat or dog left in a car without being held liable for any damages.

“Even if you have the windows down, even if it's in a shady place, I recommend just trying to avoid [leaving a pet in a car] at all costs” said Dr. Amelia Kaeding with Falls Road Animal Hospital.

Different breeds can feel the effects of heat faster, particularly older dogs and puppies.

“Swollen tongue, so if their tongue is looking really big. And then once heatstroke gets much more serious, I worry about vomiting and diarrhea, especially if there's blood in it; muscle weakness, shaking, tremors, they can even get seizures,” said Dr. Kaeding.

Dogs with a lot of hair or smooshed faces are also very susceptible to heat stroke, and it doesn't take long for a car to get hot.

“Even on a 70 degree day and it feels nice and cool out, if you leave a dog in a car, it can get to 90 degrees in about 10 minutes,” said Stephen Wells the executive director with the Animal Legal Defense Fund (ALDF).

The ALDF tracks various “hot car” and “Good Samaritan” laws in different states. Twenty-nine states have some form of a hot car law that prohibits leaving a companion animal in an unattended vehicle. However, the laws differ place to place.

“In Maryland, there is a law that allows emergency responders to be able to break into a car but not members of the public, at this time,” Wells said.

Wells added it’s not likely for someone to face charges if they saved the animal, but there’s always a chance. He said it helps to do a few things to make sure you’re covered.

“It's good to have a witness, have somebody there. Make sure you're prepared to take care of that dog once you get them out. Do the least amount of damage possible and just make sure you don't risk the dog's or anyone else's safety while you're doing that,” Wells said.

Eleven states currently have Good Samaritan laws that grant immunity to anyone freeing a trapped animal.

Dr. Kaeding also warns pet owners to watch that their pets don't overheat while playing outside. If they do, it's recommended you take them to the veterinarian. You should also blow a cold fan on them, and dip them in cool water. Do not use ice or ice cold water. It can constrict the blood vessels and cause the dog to actually retain heat.







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Thursday, November 19, 2015

An Animal Rights Group is Suing to Get a Chimpanzee Out of an Amusement Park Where She is Given Cigarettes


An animal rights group is suing to get a chimpanzee named Candy out of an amusement park where, it says, she smokes cigarettes and is given soft drinks instead of water.
Candy is isolated in an inadequate cage at the Baton Rouge park, and should be moved to a sanctuary, according to the federal suit filed in Baton Rouge on Tuesday by the Animal Legal Defense Fund.

"Defendants have for decades allowed members of the general public to throw items into Candy's cage, including lit cigarettes that Candy smokes. Just as with humans, cigarette smoking is very harmful for chimpanzees," and letting her smoke violates the Endangered Species Act, the suit states.

The lawsuit is the first filed under a new federal rule that requires captive chimps get the same protection as wild chimps, said Carter Dillard, the group's attorney. That rule, which was made public in June and took effect Sept. 14, changes captive chimps' classification from threatened to endangered, the same classification as wild chimpanzees.

Jennifer Treadway-Morris, attorney for park owner Sam Haynes, said she had not had time to read the lawsuit. However, she said, government agencies such as the U.S. Fish and Wildlife Service cannot make rules retroactive.

She also cited a letter from a veterinarian stating that an attempt to retire Candy to the Baton Rouge Zoo failed.

"She was returned because she couldn't adjust and couldn't assimilate," Treadway-Morris said. "It seems that if they want her to have company, she doesn't want it."

The animal rights group said it went to court for Cathy Breaux, 62, and Holly Reynolds, 96, who have campaigned for decades to get Candy moved from the Dixie Landin' park and its predecessor.

"Cathy and Holly remain upset, distressed and concerned that Candy is isolated throughout the day, deprived of companionship with other chimpanzees, and insufficiently stimulated in her empty cage," the lawsuit states.

It said the women have seen visitors throw lit cigarettes into Candy's cage for the chimp to smoke.

City animal control officials cited the park in 2012 for not providing water for Candy, according to the suit.

"Defendants provide Candy exclusively with Coca-Cola instead, claiming that Candy does not like water. However, Candy has readily accepted and drunk water offered to her by visiting experts. Water, not Coca-Cola, is an essential requirement for chimpanzees," according to the suit.


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Tuesday, October 21, 2014

Reporting Animal Cruelty Just Got Easier


Every day, the national nonprofit Animal Legal Defense Fund works to find justice in the legal system for animals who have been abused. The Animal Legal Defense Fund's brand new smartphone app--thanks to our partnership with LiveSafe--is designed to help you report abuse and neglect of animals in your community. Your crime tip will immediately alert local law enforcement when animals are in need of help.

To read more on this story, click here: Reporting Animal Cruelty Just Got Easier









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Wednesday, September 24, 2014

Starting Next Year The FBI Will Add Animal Cruelty Cases To National Crime Report


The Federal Bureau of investigation announced this week that it will start reporting crimes of animal cruelty - intentionally, knowingly, or recklessly taking an action that mistreats or kills any animal without just cause, such as torturing, tormenting, mutilation, maiming, poisoning, or abandonment.

The FBI will treat animal cruelty  as a separate offense under its uniform reporting system, leading the way for more comprehensive statistics on animal abuse.

Previously, crimes against animals were recorded under a generic “all other offense” category in the Uniform Crime Report, widely considered the most comprehensive source of crime statistics in the United States.

More recently, social media sites have provided platforms for caught-on-tape exposés and forums focused on publicly shaming animal abusers. The proliferation of such online venues has helped fuel the outrage of many Americans.

The Humane Society, the Animal Welfare Institute Program and the Animal Legal Defense Fund were among the groups to laud FBI Director James B. Comey's decision to include animal cruelty as a distinct category on the annual index, the nation's prime source for US crime information.

Wayne Pacelle, President and CEO of the Humane Society of the United States, wrote on his blog on Wednesday, "No longer will extremely violent cases be included in the 'other offense' category simply because the victims were animals."

Included are:
  • Instances of duty to provide care, e.g., shelter, food, water, care if sick or injured;
  • Transporting or confining an animal in a manner likely to cause injury or death;
  • Causing an animal to fight with another;
  • Inflicting excessive or repeated unnecessary pain or suffering, e.g., uses objects to beat or injure an animal.

This definition does not include proper maintenance of animals for show or sport or use of animals for food, lawful hunting, fishing or trapping.

Before establishing the special category, there was no easy way to track the number of animal cruelty cases in the US But high-profile cases ranging from NFL quarterback Michael Vick's illegal dog fighting ring to a puppy-kicking episode implicating Desmond Hague, the former CEO of a sports catering company that provides services to several NFL teams, have helped shine a national spotlight on the issue.

The issue is a national problem, while cruelty cases occurring in all 50 states.



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Monday, August 4, 2014

Animal Legal Defense Fund Introduced a Windshield Sunshade People Can Use to Spread the Message Wherever They Park - Do Not Leave Dogs in Hot Cars


Just a few minutes in a hot vehicle can harm or kill your pet. On hot days, the temperature inside a vehicle heats up to over 160 degrees in minutes. Parked cars quickly trap the sun's heat, and "cracking the windows" doesn't do much. Pets can't cool themselves the way humans can, and this makes them especially vulnerable to heatstroke. Too often, a neglectful dog owner goes into a store "just for a minute" only to find his dog dead in the car upon his return -- and such neglect carries serious legal consequences.

In June, an eight-year-old German shepherd named Elisha died in Belmont, California after being left in a truck in a motel parking lot for seven hours. Dogs who are trapped in cars pant heavily, pawing at the glass of rolled up windows, trying desperately to avoid the heat of the sun. They may experience excessive thirst, vomiting, seizures, increased heartbeat, and elevated body temperatures of 104 degrees and higher. According to media reports, officers on the scene tried to revive the shepherd with ice and water, to no avail. Elisha's owner -- who was sleeping in the motel while the dog was in the truck with no water -- is being charged with felony animal cruelty.

When an animal dies an excruciating death from negligence, writing off the tragedy as a simple accident is insufficient -- and criminal prosecution is just. Fifteen states have specific laws against leaving animals confined in vehicles: Arizona, California, Illinois, Maine, Maryland, Minnesota, Nevada, New Hampshire, New Jersey, New York, North Dakota, Rhode Island, South Dakota, Vermont and West Virginia. Rhode Island's brand new law was signed by Governor Lincoln Chafee this summer and is one of the most comprehensive of these laws, with the strongest penalties -- up to a year in jail and up to $1000 in fines. Vermont also allows sentences of up to a year in jail, while Vermont and West Virginia allow up to $2000 in fines.

That is why this summer the Animal Legal Defense Fund introduced a windshield sunshade people can use to spread the message wherever they park. The design reminds passersby that cars can be lethal to dogs, even on mild days. The sunshades are available for purchase.


If you see a dog in a parked car on a hot day, try to locate the owner and let her know that the situation is urgent; otherwise, call 911. Even in states without specific legislation on this issue, law enforcement officers should do whatever they can to free an animal suffering in those conditions. Your action on behalf of an animal can be the difference between life and death.

Take Action
By popular demand, ALDF has created this Dogs in Hot Cars Sunshade so that you can make a strong statement about protecting animals from the dangers of hot cars where they need it most—in parking lots across America.

Order your Dogs in Hot Cars Sunshade to protect animals wherever you park. All proceeds benefit the Animal Legal Defense Fund. Help us spread the word by using the social media links below.

Download & Print



Download and print our flyer, and hang in grocery stores, cafes, laundromats, and other locations where people may leave dogs in hot cars. Many businesses will be happy to hang a flyer in their front window if you ask politely.

Learn More
Discover which state laws and city/county ordinances in your jurisdiction address leaving animals unattended in vehicles. This issue may be addressed specifically or by way of general abuse/neglect statutes (for example, from Oregon: ORS 167.325).

Help your county and your local humane agencies to make the public aware of these laws by distributing flyers, asking your local newspapers to do a story on the problem, and encouraging your Department of Motor Vehicles to educate drivers on the issue of children and animals left unattended in vehicles.


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