Today Is Florida Animal Preparedness Day

The State of Florida has designated July 31, 2007 as Animal Disaster Preparedness Day. The State estimates that 52 percent for Florida households include animals and that 25% of these caregivers refuse to evacuate without their pets, potentially jeopardizing public safety and hampering disaster relief efforts. Moreover, animals left behind during a disaster can become injured, ill or die.

In addition to finding out where to go if evacuation is necessary, a good pet plan will include rounding up the following items (via www.haveahurricaneplan.com):

Proper ID collar and rabies tag / license*
Carrier or cage
Leash
Ample food supply (at least two weeks)
Water / food bowls
Any necessary medication(s)
Specific care instructions
Newspaper, cat litter, scoop, plastic trash bags for handling waste
Proper ID on all belongings
Non-electrical can opener
Documenting and making sure your pets have had all their shots within the past 12 months.

More available via the Tallahassee Democrat here.

Taking Action for Animals Conference

Sadly, I missed the recent Taking Action for Animals Conference in Washington, D.C. However, the people over at Animal Blawg have several detailed posts with a promise of more to come.

What is Animal Law?

Every time I use the phrase "animal law" around the uninitiated, I get cryptic stares followed by the question "what is animal law?" Although there's no way to give a simple and all encompassing answer to that question, this answer, courtesy of the Animal Legal Defense Fund's website and reproduced below, does a good job.

Animal law is a combination of statutory and case law in which the nature – legal, social or biological – of nonhuman animals is an important factor. Animal law encompasses companion animals, wildlife, animals used in entertainment and animals raised for food and used in research. Animal law permeates and affects most traditional areas of the law – including tort, contract, criminal and constitutional law. Examples of this intersection include:

* Animal custody disputes in divorce or separations.
* Veterinary malpractice cases.
* Housing disputes involving “no pets” policies and discrimination laws.
* Damages cases involving the wrongful death or injury to a companion animal.
* Enforceable trusts for companion animals being adopted by states across the country.
* Criminal law encompassing domestic violence and anti-cruelty laws.

Currently, animal law is being taught at some of the most reputable and respected law schools in the country – including highly ranked schools such as Harvard, Stanford, UCLA, Northwestern, University of Michigan and Duke.

An End to Gopher Tortoise Entombment

July 30th marks the end to a state policy that allowed developers to receive permits allowing for the "incidental taking" of gopher tortoises located on development sites. As reported in the Naples Daily News last month, the Florida Fish and Wildlife Conservation Commission (FWC) voted to end the sixteen year permitting program that allowed for the burial of gopher tortoises where they could take months to suffocate, dehydrate or starve to death. Today marked the last day for applications under the old system. Going forward, tortoises will be relocated. This video from Humane Society of the United States contains additional information as well as relocation footage:



More articles on the change are available here and here.

Appealing a dangerous dog determination

Courtesy of the Florida Appellate Law Blog - Abstract Appeal, comes a description of this case recently decided in the Fifth District Court of Appeal. Although the facts are sparse as to why three dogs were deemed dangerous, there is a good explanation of how the case advanced up the appellate ladder... or at least how they should. In this case, the Fifth District held that the circuit court jumped the gun in issuing a writ of prohibition, where "no emergency exists, and Appellee may obtain complete relief in a plenary appeal."

Legislation to address pet custody in divorce cases

The Chicago Tribune is reporting that a new bill has been introduced to govern how divorcing couples and courts should handle disputes about pet custody. The bill is believed to be the first of its kind in the nation. The thorough report also addresses the the rapidly expaning field of animal law with quotes from professor Richard Cupp from Pepperdine University:

The bill, introduced earlier in July, comes as both the public's attitude and the legal community's interest in the humane treatment of animals and their legal rights is growing.

A decade ago, just a few law schools were teaching courses on pets' rights, the treatment of farm animals and dog-bite statutes, said law professor Richard L. Cupp, associate dean for research at Pepperdine University school of law in Malibu, Calif.

Now, dozens of schools teach courses on animal law and colleges have clinical programs and research centers devoted to the subject. This fall, Georgetown University Law Center and the Humane Society of the United States will launch a new effort to expand the school's animal law curriculum.

"It's one of the most rapidly expanding areas of law in this country," said Cupp.

Zeus to be set free!

In an update to an earlier post, Zeus, the German Shepherd that bit a Verizon repairman in March, will be allowed to go back to his owners.

Sarasota County judge Phyllis Gallen ruled that the dog will be returned to his owners, Gilbert and Ana Otero of Nokomis, although Zeus will now be classified as a dangerous dog. A copy of Judge Gallen's order is available here.

Swiss to vote on introduction of lawyers for animals

The Swiss are known for their army knives, but soon they may be known for being progressive leaders in providing legal protections for animals. Findlaw reports that they could soon be voting on whether lawyers should be allowed to defend animals in court. The aim is to crack down on the mistreatment of animals. Not only that, but there is a track record of success for the model, which was adopted in Zurich 15 years ago. "The numbers of cases examined and the sentences handed down are clearly higher than in the rest of Switzerland," according to the animal rights defenders, who are confident their project will succeed.

New Florida Law Makes Exotic Pet Ownership More Expensive

While the most frequently reported news this past legislative session focused on all things property tax and insurance related, Senate Bill 2766 quietly wiled its way to Governor Crist's signing desk. The law dealing with exotic pets went into effect on July 1st and it requires, among other things, owners of Class I wildlife to have a $10,000 bond or insurance policy in place. The staff analysis, which is worth a gander, also notes that it will amend the requirement for licensing of venomous reptiles to include those persons that capture, keep, or transport such reptiles, while giving the Florida Fish and Wildlife Conservation Commission additional rulemaking authority.

While that's all well and good, the best thing is that it will protect both people and animals. According to Keith Lovett of the Palm Beach Zoo, the bill protects animals and people from those who can not care for the creatures properly. "Having this law makes it more difficult for people to acquire these animals in the first place. It is very important, and it helps not only the animals, but the people who live around these animals because safety is definitely a concern," Lovett said.

Florida lawyers are flocking to the field of animal law.

Back in May, over at Florida Trend's website there was a detailed story ( link here - free subscription required, but worth it for this story alone) about the burgeoning field of Animal Law in Florida. Excerpts below:

Interest in the field has surged in the United States in recent years, says Joyce Tischler, founding director of the California-based Animal Legal Defense Fund. In 2000, she says, there were nine animal-law courses offered in law schools around the nation, one journal devoted to the topic and no state Bar committees. Today there are 80 courses, including at Florida Coastal School of Law, Florida State University, Nova Southeastern, St. Thomas University, the University of Florida and the University of Miami. Three legal journals and two case-law textbooks cover the field. And 12 state Bar associations, including Florida's, have formed committees devoted to animal law.

"Most people you ask will tell you they love their pets like a member of the family," says Jennifer Dietz of Ullman, Bursa, Hoffman & Ragano in Tampa, chairwoman of the Florida Bar's Animal Law Committee, formed in 2003. "The law seems to be following society's evolving ideas about animals and how they're treated."

Al Sharpton is no fan of dogfighting

TMZ has an interesting post on an open letter from Al Sharpton, Russell Simmons, and PETA expressing outrage over the Michael Vick dogfighting charges. "Hurting animals for human pleasure or gain is despicable . . . Our battle must extend to those innocent animals who literally have no voice or choice." I highly recommend the text of the entire letter, which is available here.

As an aside, I'd like to think that the title of my post is more thoughtful (and perhaps less misogynistic) than the TMZ's title, but a better explanation is that I'm not as creative as the folks at TMZ.

Animal Cruelty Resource for Prosecutors

After reading another misguided letter to the editor in the local paper, I am increasingly annoyed with people who operate under the false perception that animal cruelty is not a crime that should be vigorously pursued. Apparently they believe that all resources should be used for crimes with human victims and once we have that sorted out, we can worry about animals. Those people are wrong. Ignoring the fact that they are creating a false choice where none exists, there is a plethora of evidence and studies that show that animal cruelty is undoubtedly linked to crimes against humans. In many cases, cruelty to animals is a crime that is both a predictor and indicator of other crimes. With a tip of the hat to The Sisyphus Comments, here's a blurb about a great manual, available online, from the American Prosecutors Research Institute that explains why these crimes matter so much:

The field of animal law is in its infancy and prosecutors are frequently at a loss to handle cases of animal abuse and neglect.

The American Prosecutors Research Institute has published an excellent resource manual, Animal Cruelty Prosecution: Opportunities for Early Response to Crime and Interpersonal Violence. Written by Dr. Randall Lockwood and produced jointly by the American Society for the Prevention of Cruelty to Animals and the Office of Juvenile Justice and Delinquency Prevention, the book discusses why cruelty cases are important, types of cases, prosecuting procedures and reference materials.

The Anti-Tethering And Chaining Movement 2007

Over at the animal law coalition, there's a report from late May on the move in a number of state legislatures to pass legislation restricting or eliminating the chaining and tethering of dogs. No word on how the legislation has fared in the past two months, but there is a link to a website listing a number of anti-tethering statutes and ordinances from around the country. Hopefully more states and communities will adopt similar laws this year.

Animal Law Courses in Florida

According to the National Center for Animal Law, at Lewis & Clark, there are approximately seventy law schools that offer a course in animal law and that number is growing every year. The Animal Legal Defense Fund reports that seven of Florida's ten law schools now offer a course in animal law. Those listed include:

• Florida Coastal School of Law (Jacksonville, FL)
• Florida State University College of Law (Tallahassee, FL)
• Nova Southeastern University (Ft. Lauderdale, FL)
• St. Thomas Univeristy School of Law (Miami, FL)
• Stetson University School of Law (Gulfport, FL)
• University of Florida, Levin College of Law (Gainesville, FL)
• University of Miami School of Law (Miami, FL)

Any word on when Barry, FAMU, or Florida International will join the trend?

Decision on Zeus expected sometime this week

According to this story at Tampa Bay's 10 News, a judicial assistant to Sarasota County Judge Phyllis Gallen confirmed via phone Monday that a decision will come this week in the case of a German Shepherd named Zeus, who according to the report, attacked a Verizon repairman in March. The decision will be determine whether Zeus will be euthanized or classified as a ‘dangerous dog’ and returned to his owner, a disabled war veteran. More information on the case is available here.

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The purpose of this blog is to attempt to assist in the dissemination of information about animal law from the author's perspective, but no representation is made about the accuracy of the information. The content of this blog in no way constitutes legal advice. Moreover, this blog is published by and reflects the personal views of the author in his individual capacity. Therefore, it does not represent the position of the author's clients, employers, family, friends, neighbors, or acquaintances. The information contained in this blog site is provided only as general information for educational purposes, and blog topics may or may not be updated subsequent to their initial posting. Moreover, links are provided for your enjoyment and no endorsement should be inferred therefrom. The author is in no way responsible for the content at any of the links on this blog, and the author in not necessarily in agreement with any or all of the information appearing at those websites.

By using this blog you understand that this information is not provided in the course of an attorney-client relationship and no such relationship is formed by this blog. This blog should not be used as a substitute for competent legal advice from a licensed attorney in your state or jurisdiction. This blog is not intended to be advertising and is not a solicitation for any type of offer of legal representation. The author does not wish to and cannot represent anyone desiring representation based upon viewing this blog. As such, any e-mails to the author of this blog asking for legal advice or desiring the formation of an attorney-client relationship may be deleted unread or otherwise unanswered and you should be aware that any reliance you place on sending or receiving an answer to such an e-mail may subject you to legal risk. If you require legal advice in the state of Florida, you can contact the Florida bar's lawyer referral service.

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Sam the shoplifting Seagull

A seagull nicknamed Sam in England has been regularly stealing packages of a specific brand of chips. According to the shop assistant, Sam has it down to a fine art. "He waits until there are no customers around and I'm standing behind the till, then he raids the place."

Video of Sam at work:

Cockfighting on Web Enters Legal Arena

Now that cockfighting is banned in all fifty states, what happens when a cockfight is filmed somewhere where it's legal and then broadcast or sold on the Internet? The Washington Post has a report on the recent lawsuit filed South Florida in defense of a such a website on First Amendment grounds. While the case might present some interesting arguments from an academic standpoint, I'm inclined to agree with this opinion.

For more info on cockfighting, see the HSUS factsheet.

Miami man charged with animal cruelty

The Miami Dade State attorney's office is charging a man with animal cruelty for allegedly shooting a neighbor's bull dog thirty times at close range with a pellet gun. The dog, named Zeus had surgery to remove the pellets and is recovering. News video and a picture of Zeus available here.

Fines for leaving pets in vehicles

Orange County Animal Services is cracking down on pet owners who leave animals unattended in a vehicle. Many people don't realize that pets left in cars can succumb to heatstroke and suffocation in only minutes. "Orange County Code Sec 5-43 states it is against the law to leave a dog, cat, or other animal unattended in a parked vehicle with inadequate or no ventilation. The owner or keeper can face a civil fine for neglect of $257.00 in addition to criminal charges filed by law enforcement."

Florida connection to Vick dogfighting case?

By now, everyone has heard about the federal indictment against Atlanta Falcons' quarterback Michael Vick. According to allegations contained in the 18-page indictment, available here, one of the dogs being used in fights originally came from Florida. This coincides with a report on Friday in the Tallahassee Democrat that dogfighting is a vastly underreported crime locally.

Reward offered for shooting death of alligator

The Humane Society of the United States is offering a $2500 reward for information on the shooting death of an alligator at Lake Jackson in Tallahassee. In a story published in the Tallahassee Democrat, Jen Hobgood, the southeast region coordinator for HSUS is quoted as saying: "Research has demonstrated that those who commit acts of violence against animals often times go on to commit acts of violence to others - to children, the elderly and other living creatures."