New Jersey: companion animal's value to owner must be considered in custody battle

NJ.com reports on a state appellate decision by a three-judge panel that held courts should consider the "special subjective value" of companion animals. Money alone was insufficient to compensate a woman whose ex-fiance was keeping "her beloved seven-year-old pug, Dexter." The Animal Legal Defense Fund and Lawyers in Defense of Animals had filed friend of the court briefs on behalf of the woman. In its decision, the court held that custody of a companion animal was an equitable matter and that specific performance, such as returning an animal to his or her rightful owner was a role for the court to play:

Specific performance is generally recognized as the appropriate remedy when an agreement concerns possession of property such as "heirlooms, family treasures and works of art that induce a strong sentimental attachment." That is so because money damages cannot compensate the injured party for the special subjective benefits he or she derives from possession. . . . There is no reason for a court of equity to be more wary in resolving competing claims for possession of a pet based on one party's sincere affection for and attachment to it than in resolving competing claims based on one party's sincere sentiment for an inanimate object based upon a relationship with the donor.

Although the decision is steeped in the notion that animals are property, the fact that the court recognized that the special nature of companion animals cannot be captured with money is a step in the right direction. The entire decision is available at this link from Rutgers U.

Don't feed wild dolphins... or throw bombs at them

I posted a couple days ago about National Oceanic and Atmospheric Administration' new public service announcement warning people not feeding wild dolphins. For their next PSA, perhaps NOAA should consider adding a warning about not throwing bombs at them either. According to the Bizarre Florida blog, a Panama City boat captain received a two-year sentence in prison for possession of explosives by a convicted felon and taking or attempting to take marine mammals. The man apparently admitted making pipe bombs that he would throw at dolphins to try to scare them away from his fishing lines.

Bestiality bill moves forward

The Senate sponsor of the bill banning bestiality is urging fellow lawmakers to support the bill, according to The Buzz. The post also states that the bill "seemed dead" in the houseas of last week, but it has been revived and is scheduled to be heard on Friday in the Agriculture and Natural Resources Policy Committee. See my previous post here for information on the bill, including how to voice your support.

Animal Cruelty laws among the fastest growing

I'm still sorting through my inbox from last month and felt compelled to mention an article from MSNBC on the rapid changes in both attitudes and the law when it comes to animal cruelty. The article quotes several big names in the field of animal law, including Professor Pamela Frasch from the National Center for Animal Law Studies at Lewis & Clark Law School in Portland and Professor David Favre from Michigan State University College of Law, home of the Animal Historical & Legal Web Center.

Reminder: Stetson Wildlife Law Conference this week

I'd posted this earlier, but Stetson Law School will be hosting its 11th International Wildlife Law Conference on March 26 and 27, 2009. Sessions will focus on biofuel production and biodiversity impacts, sustainable ecotourism, regional fisheries management organizations and the Antarctic ecosystem. Contact me if you attend and let me know what you thought of the conference.

Court rules Miami-Dade Pit Bull ban is uneforceable

The Animal Law Coalition reports that a judge has ruled that the Miami-Dade County pit bull ban is too vague to be enforced. Check out their post for details and I'll post more as it becomes available.

Economy causing horse crisis

CNN has an article this morning on how the bad economy has contributed to the crisis of unwanted horses sweeping the country. The story quotes Michael Markarian from the Humane Society of the United States about the lack of statistics on how bad the crisis has become: "There are no hard numbers on this. The states don't seem to be keeping numbers. The economy has been hard on everybody, and animals are no exception." Last summer, the USDA held a forum called Unwanted Horse Issue: What Now? A copy of the 122-page report created by the forum is available here as a pdf.

NOAA: Don't Feed Wild Dolphins

The National Oceanic and Atmospheric Administration (NOAA) has a new public service announcement at the website www.dontfeedwilddolphins.org. The Marine Mammal Protection Act and and its implementing regulations at 50 CFR 216 prohibits harassment and feeding of wild marine mammals. Violations can result in civil or criminal penalties with fines as great as $20,000, or imprisonment for not more than one year, or both. Check out the PSA below:



Check out the making of the video here.

News Roundup

• Florida pythons now threaten endangered species (Bizarre Florida).
• Earth Justice sues feds over Lake Okeechobee pollution (The Buzz).
  
• Wal-Mart Cuts Class Off at the Pass in Pet Food Case (Law.com).
• Country of Origin Labeling Begins (Consumerist).
• Sheriff's Report: Puppies breaks legs after crack user puts it on roof (News Journal).
• Federal Appeals Court Tosses Egg Company's $8.6m Award (Blog of Legal Times).
  
• Lehigh Acres woman loses $3,000 in international puppy scam (News-Press).
• Horse Slaughtering Plant endorsed by House (How Appealing).
  

USDA bans downer animals from being slaughtered

In his weekly radio and video address on food safety, President Obama announced the permanent ban of slaughter of so-called "downer" animals, i.e., animals that are too weak or sick to stand (check out minute 4:30 of the video). Although the President listed food safety concerns rather than animal welfare as the reason for the ban, the new Agriculture Secretary Tom Vilsack said the ban was "a step forward for both food safety and the standards for humane treatment of animals."

Wayne Pacelle from the Humane Society of the United States applauded the move at a great post on his blog.

Link: AP story at Sun-Sentinel

Exotic Animal Amnesty Day returns

The Florida Wildlife Commission is holding its annual exotic animal amnesty day this Saturday at the Miami Metrozoo from 10:00 until 2:00. Exotic reptiles, amphibians, birds, fish and mammals will be accepted; domestic pets (dogs, cats, rabbits, ferrets) are not accepted. The amnesty day allows people that are keeping exotic animals to turn them in without facing fines and other penalties for violating the state's wildlife laws.

Sources: Associated Press, FWC

Pig rescued in the Keys

The Florida Key News reported that a man was arrested after police allegedly saw him dragging a pig down the street over broken glass. The pig, named Harriet, later died of internal injuries according to the article. The man faces a felony third-degree animal cruelty charge. Another injured pig living in deplorable conditions was found on the man's property. That pig, named Sunshine was removed and placed in the custody of Florida Keys Society for the Prevention of Cruelty to Animals. Chuck Best, a spokesman for the Florida Keys SPCA is quoted as saying:
"I don't think I've ever seen a case like this. I don't think a pig could be treated any worse. No matter what kind of animal it is, it deserves to be treated with compassion. This animal had open wounds and was obviously in pain."

Florida Legislative Roundup-Pending Animal Bills

There are a number of great bills making their way through the Legislature this year and several of them are getting significant attention from legislators and the media. Here's a quick rundown of some the key bills with links. I'd encourage readers to look up their state representative and senator and contact them. Let them know you are a voter that supports the humane treatment of animals and urge them to support these important changes to Florida law. If you aren't sure which elected official to contact, you can enter your nine digit ZIP code here to find your state representative and here to find your state senator.

1. Sexual Activities Involving Animals (aka the Bestiality Ban)

Senate Bill 448 and House Bill 273 - If the Bestiality Ban passes Florida would finally join the majority of U.S. states that protect animals from sexual predation. The most recent staff analysis for the Senate's bill lists a number of disturbing incidents where law enforcement officers and prosecutors had to charge defendants with far less serious crimes like disorderly conduct, or crimes that don’t seem to tell the “whole story” like indecent exposure. The Miami Herald reported here on the bill being taken up by the Senate's Agriculture Committee.

2. Inspection of and Permit Limitations for Pari-Mutuel Facilities (aka racing animal protection bills)

There are two sets of bills that will hopefully help improve the treatment of racing greyhounds and horses. First, Senate Bill 2316 and House Bill 1215 would give the Division of Pari-Mutuel Wagering, part of Florida's Department of Business and Professional Regulation, increased authority to conduct inspections of racing facilities. The bills also clarifies that the division may revoke occupational licenses for anyone convicted of cruelty to animals. Currently the language reads as though only cruelty to racing animals would disqualify a person from licensure.

Second, while they do not eliminate the greyhound racing entirely (like Massachusetts did last year), Senate Bill 2594 and House Bill 1437 would create a moratorium on the issuance of any new greyhound racing permits. The bills would also eliminate language from the law that required racetrack owners to hold a "minimum" number of races, which may reduce the number of animals used in these races.

3. Sterilization of Dogs and Cats (aka the Spay/Neuter law)

I previously wrote a brief post about House Bill 451, which would require all dogs and cats to be spayed or neutered once they reached a certain age. The bill contains language that would allow exceptions for animals with medical conditions, show animals, service animals, law enforcement animals, and several others. The bill does not currently have a Senate counterpart. The introduction to the bill sets forth some of the compelling reasons that it is needed:

WHEREAS, pet overpopulation is a preventable problem that 20 can be solved simply by spaying or neutering companion animals, and

WHEREAS, many euthanized dogs and cats are the offspring of family pets, and

WHEREAS, one unneutered male dog or cat can impregnate dozens of females, leading to hundreds of unwanted animals, and

WHEREAS, spaying and neutering are reasonably safe procedures performed by licensed veterinarians to prevent dogs and cats from reproducing through surgical sterilization of an animal's reproductive system, and

WHEREAS, in addition to reducing pet overpopulation, spaying and neutering have other positive effects, including decreased aggression and temperament problems; reduced risk of cancer; decreased drive to roam in search of a mate or fight with other animals; and decreased tendency of males to urinate to mark territory.

I'll post some of the other animal law bills that are pending in upcoming days.

Photo: CC/Jenn Greiving