2005_08_01_archive

Wagman fights alleged hoarders in NC

From law.com, a profile of Bruce Wagman, animal lawyer and co-author

of the Animal Law casebook He says doing animal law was "the only

epiphany I've ever had."

Wagman recently won an injunction against breeders in North Carolina

who allegedly kept their animals in horrific conditions. The action

was brought under a North Carolina law which grants a civil remedy to

anyone, including non-owners. As one recent article noted, the civil

remedies provision has been chipped away at since it was codified, but

remains a unique tool for animal advocates. If you have Lexis or

Westlaw, see William A. Reppy, Jr., Citizen Standing to Enforce

Anti-Cruelty Laws by Obtaining Injunctions: The North Carolina

Experience, 11 Animal L. 39 (2005). Otherwise check out this abstract.

Posted by Amy A. Breyer at 8:14 PM 0 comments

Proposed legislation to spay/neuter "vicious" breeds

From the Pasadena Star News, a measure allowing localities to require

spaying and neutering of certain breeds of dogs is gaining steam.

Here's the text of the bill. Many think that breed bans, so called

"canine profiling," are ineffective in stopping or reducing animal

bites. One good feature of the proposed law is that jurisdictions who

do regulate by breed must submit reports to the state on dog bites,

which could be used to measure the effectiveness of the measure.

Dawnwatch also has a persuasive argument that this sort of law

advances the interests of animals more than Denver's outright ban of

pitballs:

As California kills hundreds of thousand of dogs every year in

shelters, most true animal advocates would be thrilled to see

compulsory spay/neuter of all breeds as long as there are any dogs

dying for lack of homes. Why not start with those breeds deemed

dangerous, that tend to attract those who enjoy organizing dog

fights for sport? I write that as the adoptive mother of a sweet

little red-nose pitbull, who is, of course, spayed. But thousands

of her relatives die every year in California shelters and

countless others die in organized dog fights. A ban on breeding

them would be wonderful. And it is no doubt the compromise needed

that will prevent a misguided over-reaching law like that in

Denver, which takes loving dogs out of loving homes.

Posted by Amy A. Breyer at 8:12 PM 1 comments

Airline safety for companion animals

Federal law requires airlines to report the loss, injury, or death of

a companion animal in transit to the Secretary of Transportation and

for the Secretary to publish the information. 49 U.S.C. 41721. The

Atlanta Journal-Constitution reports (registration req'd or opt out)

that fewer incidents are being reported than expected but notes some

ways to improve the law and its administration:

The incident reports are posted online each month, but [DOT

spokesperson] Mosley said only airlines that have a reportable

incident are required to file each month. Consumers also will have

to scan through old reports to get a feel for which airlines have

the most incidents because the government will not record

cumulative totals...

Animal groups point out ... that the reports only cover pets being

transported, not all animals carried by airlines. They said the

reports should cover all animals, including ones bound for labs,

farms or other uses.

The Animal Welfare Act authorizes the Department of Ag to regulate

transportation of some animals to dealers, exhibitors, and labs, but

the AWA has a history of being under-enforced. (The Twenty Eight Hour

Law apparently excludes airlines.) Here's the DOT list of reports.

Posted by Amy A. Breyer at 8:06 PM 0 comments

Cruelty charges filed against egg producer

"The first time a district attorney has charged an egg-producing

corporation with cruelty to animals": the Humane Society of the United

States reports that a Missouri prosecutor is charging MOARK, an egg

processor and distributor, with misdemeanor cruelty. A passerby