Animal Law
Do you recognize the names Dog Rates, Lil’ Bub, or Esther the Wonder Pig? Are you one of the 2.4 million Instagram followers of Grumpy Cat? If so, chances are you love animals. Animals are all the rage these days, prompting book deals and merchandise sales. Has this obsession translated into greater legal protections for fur babies? Yes and no. All 50 states have laws that include felony provisions for crimes against animals. Yet, in most states, abusers are more likely to be charged with a misdemeanor. However, states are making efforts to help animals and the humans who love them.
Animal Cruelty
In 2017, Pennsylvania passed “landmark” legislation that includes tethering restrictions and more rights for horses. California Senator Scott Wilk introduced the Animal Welfare and Violence Intervention Act in February 2019 to provide rehabilitation to those convicted of animal abuse. However, certain dogs are still banned across the country by controversial breed-specific legislation.
Courts have also had a say on animal issues. In 2014, the Oregon Supreme Court decided in State v. Arnold Nix (355 Or. 777) that animals should be treated as individual victims. Their decision in State v. Linda Fessenden and Teresa Dicke (355 Or. 759) cleared the way for police to enter property without a warrant to help a suffering animal. In 2004, the Washington Court of Appeals determined that even a mild level of pain was enough to convict someone of cruelty. In a unanimous decision, the New York Supreme Court ruled that chimpanzees should not be considered persons entitled to habeas relief.
Service Animals
A new Washington law provides an updated definition of service animals and imposes a fine for misrepresentation. Other state legislatures have also sought to clarify service animal laws in an effort to protect people with disabilities and prevent peacocks from boarding flights.
Animals in Domestic Violence Cases
Studies show that victims of domestic violence (DV) may be less likely to leave if they can’t take their pets. Thus, the 2018 Farm Bill included a grant program for DV shelters to provide accommodation for victims with pets. The Pet and Women Safety (PAWS) Act also includes certain animals in federal laws for stalking and protection order violations.
Farm Animal Welfare
Though the Animal Welfare Act was enacted in 1966, mistreatment of farm animals has been widely documented. In 2018, California voters passed Proposition 12, banning confinement cages and providing expanded rights for animals on factory farms.
Puppy Mills and Pet Shop Sales
In 2018, Ohio passed legislation mandating that dogs are given more humane conditions in breeding facilities. In January, California became one of the first states in the nation to require pet stores to sell animals from shelters and rescue groups. New York is working to pass a similar law.
Military Working Dogs
It is estimated that a military working dog can save up to 200 soldiers during their time of service. President Obama ensured that all military dogs would retire in the U.S. by signing the 2016 National Defense Authorization Act, which included a provision to allow them to retire in the U.S. instead of being left behind. (LE)
