Tag: aldf

Illinois tops, Kentucky at bottom, in ALDF’s national ranking of animal protection laws


Kentucky, North Dakota, Iowa, South Dakota and New Mexico are 2012’s five best states to be an animal abuser, according to the latest report released by the Animal Legal Defense Fund (ALDF).

The national nonprofit organization compared animal protection laws of every state in the country, analyzing more than 4,000 pages of statutes, to reveal the state’s that are strongest on animal protection and those that are weakest.

The weakest of all? Kentucky, which the ALDF says was the worst state in the nation for animal protection laws for the sixth year in a row.

The report ranks all 50 states, and top honors went to Illinois, for the fifth year in a row. ALDF has been releasing the annual analysis for seven years.

Rounding out the top five states were Maine, California, Michigan, and Oregon, all of which demonstrated strong commitments to combating animal cruelty.

States that ranked poorly either lacked or made limited use of felony penalties for the worst types of animals abuse, had weak laws covering basic standards of care for animals, and no restrictions on convicted animal abusers getting news pets and animals.

In the survey, Kansas saw its ranking drop from sixth to 13th, primarily due to its “ag gag” law. Such laws, now existing in five states, make it illegal to covertly take photos or videos at factory farms and other animal facilities  as part of undercover investigations.

Idaho was the fastest rising state, moving up from 52 to 44 due to its enactment of felony provisions for animal cruelty.

Since the first rankings report in 2006, more than half of all states and territories have experienced a significant improvement in their animal protection laws, ALDF says.

“We look forward to further progress in the upcoming year,” said Stephen Wells, executive director for ALDF. “Regardless of ranking, each state and territory has ample room for improvement. We hope lawmakers will recognize the need for immediate improvement in animal protection laws across the nation. Although animals do not vote, those who love and protect them certainly do.”

The full report, including a rankings map, chart, and overview of the strengths and weaknesses of the animal protection laws of the best and worst states, is available at aldf.org.

A dog is not a couch: California appeals court rules pets are more than mere property

The outdated legal view of dogs as easily-replaceable “property” — worth no more than you paid for them — is slowly beginning to catch up with the times.

The latest indication of a change in judicial thinking came last week when California’s Second District Court of Appeals ruled that pets are fundamentally different than other forms of property. 

“Given . . . the reality that animals are living creatures, the usual standard of recovery for damaged personal property — market value — is inadequate when applied to injured pets,” Justice Kathryn Doi Todd wrote in her opinion.

She added, “Animals are special, sentient beings, (and) unlike other forms of property, animals feel pain, suffer and die.”

The Court of Appeals ruling came in the consolidated cases of two pet owners — one whose dog was shot by a neighbor, and one whose dog was injured by veterinary negligence. Lower courts had ruled they were entitled to no more than the market value of their pets.

 The appeals court decision reversed both cases. The new ruling permits owners of wrongfully injured pets to recover the “reasonable and necessary costs” of treating and caring for an injured animal, according to the Animal Legal Defense Fund (ALDF), which had filed amicus briefs in the case.

The first case involved a German Shepherd named Gunner, who was shot by a neighbor and whose leg had to be amputated, costing his family more than $20,000. The second case involved a Golden Retriever named Katie, whose intestine was nicked during a surgical procedure. The vet also left a piece of gauze in her body. The errors led to the dog having to receive emergency surgery that cost Katie’s family more than $37,000.

In both cases, the trial court limited the plaintiffs’ recovery to a fraction of what they spent to nurse them back to health — namely, their dogs’ market value.

“This decision is a significant step forward for companion animals and their guardians,” said Matthew Liebman, ALDF senior attorney. “The legal system is finally starting to catch up with how the majority of people feel about the animals with whom they share their lives.”

Tony, the truck stop tiger, to make his exit

Tony, the Siberian tiger who has spent the last 11 years as a tourist attraction at a truck stop outside Baton Rouge — either suffering or living the cushy life, depending on your point of view – will likely be leaving Louisiana.

Judge Michael Caldwell has ruled in favor of the Animal Legal Defense Fund in its lawsuit to free Tony from the Tiger Truck Stop in Grosse Tete.

Judge Caldwell agreed with ALDF’s argument that the permit that allows the truck stop to keep Tony was unlawfully issued by the Louisiana Department of Wildlife and Fisheries. (Perhaps that fiasco in Ohio was in the back of his head, too.)

The judge ordered the department to revoke the current permit and prohibited it from issuing any new permits to the truck stop.

“We are thrilled that the court made the right decision,” said ALDF Executive Director Stephen Wells. “We will continue to do everything we can to make sure Tony’s next home is a reputable, accredited sanctuary that can give Tony the life he deserves.”

Of course, not everybody sees it that way, including Michael Sandlin, owner of the Tiger Truck Stop, whose point of view is seen in the video above, and probably a lot more Louisianians, who take their tigers — the species being the LSU mascot — pretty seriously.

The ALDF — you can find its article on Tony here — says the tiger was subjected to highway noise and diesel fumes 24-hours a day, frequently harassed and taunted by visitors at the truck stop, and spends his days pacing, a sign of stress.

The court originally granted ALDF’s original request for a permanent injunction in May 2011, but in August, the Louisiana Court of Appeals ruled that Sandlin and the Tiger Truck Stop must be named as defendants in the lawsuit and ordered a new trial, vacating the trial court’s earlier decision.

Since ALDF filed its original lawsuit in April 2011, it has argued that the wildlife department violated state law in granting the permit to Michael Sandlin. In yesterday’s hearing, the ALDF argued that Sandlin’s permit to own and display Tony should be invalidated, and that Tony should be released into the custody of ALDF or an accredited animal sanctuary where he can receive care and treatment and live out his life in a more natural environment.

Tony has been on exhibit at the Tiger Truck Stop since 2000. Other tigers were there when he arrived, but since 2003, he has been the only one.

ALDF’s lawsuit to free Tony has drawn the support of celebrity advocates like Leonardo DiCaprio and True Blood’s Kristin Bauer, seen in the ALDF video below.

Evacuating Japan: Will pets be left behind?

Will families of American military personnel in Japan be forced to leave their pets behind when they evacuate?

The Animal Legal Defense Fund is seeking the anwer to that question.

In a letter to Secretary of State Hillary Clinton and Secretary of Defense Robert Gates, the non-profit organization asks for a clarification of the U.S. government’s policy on whether or not military families can bring their pets with them — or must be forced to choose between staying in harm’s way and abandoning a beloved companion.

Family members of military personnel stationed in Japan began evacuating today amid the increasing threat of radioactivity in the wake of last week’s earthquake and tsunami.

ALDF says it has received desperate emails from some of them, who say they’ve been informed pets will not be allowed on evacuation planes chartered by the U.S. Department of State.

“In a context of terrifying natural and nuclear disasters, with military personnel and their families already being separated from each other, we would hope that the U.S. government would not place an additional burden on military families by disregarding the very real bonds they have with their animal companions” said Carter Dillard, ALDF’s director of litigation.

“It is our hope that the tragedy of people forced to abandon beloved pets in order to evacuate to safety, which we saw play out on a heartbreaking scale during Hurricane Katrina, is not replicated during the current crisis in Japan.”

ALDF says it has heard from numerous families who say they are hesitant to evacuate from the escalating radiation danger if they are required to leave their pets behind.

Some families have turned to Facebook for help, including Mariaelena Rodriguez Geoffray, shown above with her dog, Bella. Seeking a commercial flight, she has been told by two airlines that temperatures are too cold to fly a pet.

Her dilemma is recounted on the blog Two Little Cavaliers.

There are about 43,000 dependents of American military personnel living in Japan.

Law would ban pet store sales of dogs and cats

windowHow much is that puppy in the window?

He might not even be in the window, in another month, if the West Hollywood City Council approves a proposal that makes it illegal to sell a dog or a cat in a pet store.

The  council unanimously approved the ordinance earlier this month. If officially passed tonight, as expected, the law would go into effect on March 19th, KTLA reports.

The ordinance is aimed at eliminating the demand for commercially bred dogs and cats and reduce inhumane conditions in the breeding industryt. It will include exemptions for those shops that can show they are selling humanely bred, reared or sheltered animals.

According to the city, existing pet stores will be given time “to adjust” to the new law.

“This ordinance represents an important step toward ridding our nation of the cruelty of puppy mills and other commercial assembly-line animal breeders,” Councilman Jeffrey Prang said. “The ordinance not only contributes to the fight against animal cruelty it also recognizes the enormous cost of pet overpopulation in our society, both fiscal and humanitarian impacts. I urge those seeking pet companionship to consider adoption from municipal shelters and other nonprofit rescue agencies.”

The city of West Hollywood has traditionally been ahead of the curve when it comes to animal welfare. It made headlines in 2003 when it banned cat declawing.

The new ordinance is backed by the Companion Animal Protection Society, the Animal Legal Defense Fund and the Humane Society of the United States.

The five best states to be an animal abuser

aldfmap

 
Hawaii, Idaho, Kentucky, Mississippi, and North Dakota are the five best states in the country to be an animal abuser — making them the five worst states in which to be an animal.

Based on an analysis of more than 3,800 pages of statutes, a new report by the Animal Legal Defense Fund recognizes the states where animal law has real teeth, and calls out those like Kentucky – the single worst in the nation again this year for animal protection laws – where animal abusers get off the easiest.

The annual report, the only one of its kind in the nation, ranks all fifty states, the District of Columbia, Puerto Rico and other U.S. territories for the comprehensiveness and  strength of their animal protection laws. Maryland falls in the bottom 15 states.

The legislative weaknesses seen in the states at the bottom of the animal protection barrel include severely restricted or absent felony animal cruelty provisions, inadequate animal fighting provisions, and lack of restrictions on the future ownership of animals for those convicted of cruelty to animals.

Many state laws have improved since ALDF’s last state rankings report was released in 2008; Arkansas, for example, was one of the worst five states last year, but jumped up to 25th overall in the country in 2009 due to a host of statutory improvements.

On the other end of the spectrum, this year’s “best five for animals” list remains unchanged from the 2008 list, with California, Illinois, Maine, Michigan and Oregon demonstrating through their laws the strongest commitment to combating animal cruelty; Illinois was ranked the best for the strength of its laws protecting animals.

“This year we see many states and territories that are continuing to make outstanding progress with their laws. Unfortunately, there are still many places where the laws are incapable of providing the legal protections that our country’s animals need and deserve,” says Stephan Otto, Animal Legal Defense Fund’s director of legislative affairs and author of the report.

“Even in those jurisdictions that have today’s best laws, there remain many opportunities for improvement. Especially important during our country’s current recession are laws that help to save limited community resources by reducing the costs of caring for abused animals and ensuring that those who are responsible for such crimes shoulder this burden instead of taxpayers and private interests. While animals do not vote, those who love and care about them certainly do, so we encourage lawmakers throughout the country to take heed and commit to working to improve these critical laws.”

ALDF was founded in 1979 to protect the lives and advance the interests of animals through the legal system. For more information, including a copy of the state rankings report, visit www.aldf.org.

Ben’s 4th annual doggie cruise is Friday

BenboardingO08[1]Ben — a Jack Russell terrier rescued from a puppy mill — will be hosting his fourth annual cruise this Friday.

One of 300 dogs freed and re-homed by the Animal Legal Defense Fund in a North Carolina legal case, Ben moved to Annapolis.

The cruise, proceeds from which go to the ALDF, is hosted by Ben and his owners, Michelle and Larry Kownacki, who run Paws Pet Boutique in downtown Annapolis.

The three-hour cruise, aboard Watermark’s Harbor Queen, departs at 7 p.m., this coming Friday (Sept. 18) from the Annapolis City Dock.

This year’s cruise will feature complimentary finger food, doggie treats, a cash bar, music by Dan Haas and Ben’s Bones band, a silent auction, and prizes and raffles — one of which is a trip to attend the filming of an episode of the television show “Dancing with the Stars” in Los Angeles.

Tickets ($55 per person, dogs are free) must be purchased in advance, either at Paws Pet Boutique, 64 State Circle, or by calling 410-263-8683. Raffle tickets can be purchased in advance as well.

To learn more about the cruise and other dog-friendly events in and around Maryland, visit ohmidog’sDoggie Doings” page.