Animals are Not Things

On this episode of Animal Amicus, hosts Senior Policy Program Manager Nicole Pallotta and Managing Attorney David Rosengard discuss the bearing witness movement, constitutional issues that can come up when advocates clash with the industry, “Good Samaritan” laws, Ag-Gag laws, and open rescues.    Resources referenced in this episode along with additional relevant articles are listed below:   NPR: Animal Rights Activist on Trial in Canada for Giving Water to Pigs   Animal Studies Journal: Bodily Encounter, Bearing Witness and the Engaged Activism of the Global Save Movement by Alex Lockwood   USDA National Agricultural Library: Twenty-Eight Hour Law   Animal Legal Defense Fund: Defending Animal Activists’ First Amendment Rights   Animal Legal Defense Fund: Animal Advocates Win Free Speech Case, Judge Dismisses Meritless Trespassing Suit Intended to Silence Critics   Reporters Committee: Understanding Anti-SLAPP Laws   Animal Legal & Historical Center: Maps of States that Have to Protect Animals in Parked Cars   Animal Legal Defense Fund: Oregon Becomes 11th State to Pass “Good Samaritan Law” to Protect Dogs Left in Hot Cars by Nicole Pallotta   Medium: Yes, I Broke into a Mercedes with My Car Jack by Shawna Harch   GOV.UK: Pet Abduction to be Made New Criminal Offence in Crackdown on Pet Theft   Time: Lady Gaga Got Her Dogs Back, but as Criminals Capitalize on the Demand for Pandemic Pups, Others Aren’t So Lucky by Melissa Chan   Office of the Governor Doug Ducey: Governor Ducey Signs “Matthew’s Law” to Protect Pets, Families    Animal Legal Defense Fund: Ag-Gag Laws   Seattle University Law Review: Ag Gag Past, Present, and Future by Justin F. Marceau   First Amendment Watch: Ag-Gag Laws Face the First Amendment   USDA Economic Research Service: Market Failures: When the Invisible Hand Gets Shaky   Animal Legal Defense Fund: Challenging Judy’s Family Farm Organic Eggs’ Deceptive Advertising   Animal Enterprise Terrorism Act   Center for Constitutional Rights: The Animal Enterprise Terrorism Act (AETA)   FindLaw: United States v. Fullmer, 584 F.3d 132, 164 (3d Cir. 2009)   Case Western Reserve Law Review: United States v. Fullmer and the Animal Enterprise Terrorism Act: “True Threats” to Advocacy   The Intercept: How the Prosecution of Animal Rights Activists as Terrorists Foretold Today’s Criminalization of Dissent by Natasha Lennard   MSU Journal of Animal & Natural Resource Law: Justifying Force Against Animal Cruelty by Ross Campbell   Spolin Law: Can “Defense of Others” Apply in Animal Abuse Cases    The Dodo: Open Rescue: How UPC Introduced This Strategy to U.S. Activists by Karen Davis   Unbound Project: Fierce and Fearless: Patty Mark’s Unique Approach to Animal Liberation by Keri Cronin   United Poultry Concerns: Terrorists or Freedom Fighters? Reflections on the Liberation of Animals  

On this episode of Animal Amicus, hosts Senior Policy Program Manager Nicole Pallotta and Managing Attorney David Rosengard discuss default sentencing options, diversion programs, restitution, protective orders, and restorative justice.      Resources referenced in this episode along with additional relevant articles are listed below:   FindLaw: The Differences Between a Criminal Case and a Civil Case   The Law of the Land: The O.J. Simpson Trial: Distinctions Between Criminal and Civil Law by Ember Milstead   Sage Journals: The Goals of Corrections: Perspectives from the Line by Misty Kifer et al.    Springer Link: Punishment Goals of Crime Victims by Uli Orth   Animal Legal Defense Fund: Animals as Crime Victims: Development of a New Legal Status   Animal Legal Defense Fund: Victim Impact Statements in Cases of Animal Cruelty   American Bar Association: Cruel & Unusual Punishment – Conversation Starter   Cornell Law School: Sentencing   Vera: Diversion Programs, Explained by Akhi Johnson and Mustafa Ali-Smith   Verdugo: Mental Health Diversion: An Overview of the Legal Guidelines and Requirements by Emin Gharibian   Animal Legal Defense Fund: Laws in Favor of Court-Ordered Psych Evaluations   National Library of Medicine: Animal Cruelty and Psychiatric Disorders by Roman Gleyzer et al.    Animal Legal Defense Fund: Laws Supporting Post-Conviction Possession Bans  

On this episode of Animal Amicus, hosts Senior Policy Program Manager Nicole Pallotta and Managing Attorney David Rosengard discuss how the laws against bestiality have evolved throughout history, how bestiality is distinct from other animal cruelty laws, and recent court cases that have also tackled these questions.    Resources referenced in this episode along with additional relevant articles are listed below:   Animal Legal & Historical Center: Table of State Animal Sexual Assault Laws   North Carolina Law Review: The Law of Crime Against Nature by James R. Spence   UNC School of Government: The Legal Status of Bestiality by Jeffrey B. Welty   MDPI: Bestiality Law in the United States: Evolving Legislation with Scientific Limitations by Brian James Holoyda   Animal Legal & Historical Center: Detailed Discussion of Dog Fighting by Hanna Gibson   Wiley Online Library: Sexual Behavior in the Human Male by A.C. Kinsey et al.   The Physiological Society: Sexual Behaviour in the Human Female by A.C. Kinsey et al.   Gender and Sexuality in Critical Animal Studies by Amber E. George   Research Gate: Zoophilia and the Law: Legal Responses to a Rare Paraphilia by Brian Holoyda and William Newman   ZETA-VEREIN: ZETA Principles   American Psychiatric Association: Paraphilic Disorders   Newsweek: How Common Is Sex Between Different Species? That Monkey and Deer Are Not Alone by Kristin Hugo   Oyez: Lawrence v. Texas, 539 US 558 (2003)   Penn State Dickinson Law: The Future of Justice Scalia’s Predictions of Family Law Doom by Robert E. Rains   Animal Legal Defense Fund: Virginia Court of Appeals Upholds Bestiality Law by Nicole Pallotta   The University of the Pacific Law Review: Chapter 86: Nevada Finally Outlaws Bestiality by Emily Malhiot   Oyez: United States v. Stevens, 559 US 460 (2010)   The First Amendment Encyclopedia: Miller Test by David L. Hudson Jr.   Oyez: New York v. Ferber, 458 US 747 (1982)   Animal Legal Defense Fund: Fifth Circuit Rules that Animal Crush Video Law Prohibits Obscenity and Congress Has Significant Interest in Preventing Animal Cruelty   Animal Legal & Historical Center: Justice v. the State of Texas, 532 S.W.3d 862 (Tex. App. 2017).   Animal Welfare Institute: Preventing Animal Cruelty and Torture (PACT) Act   Preventing Animal Cruelty and Torture Act, H.R. 724, 116th Cong. (2019)   Animal Legal Defense Fund: What to Do if You Witness Animal Cruelty Online  

On this episode of Animal Amicus, hosts Senior Policy Program Manager Nicole Pallotta and Managing Attorney David Rosengard discuss how states define “animal,” the legal implications for animals categorized as wildlife, companion animal, livestock, scientific experiment, or “vermin,” and the resulting instability.    Resources referenced in this episode along with additional relevant articles are listed below:    Animal Legal Defense Fund: Animal Cruelty Charges Dropped Because Fish Are Not “Animals” Under North Carolina Law by Nicole Pallotta   Animal Legal & Historical Center: North Carolina General Statutes § 14-360   Hakai Magazine: Fish Feel Pain. Now What? by Ferris Jabr   Compassion in World Farming: Why Fish Welfare Matters: The Evidence for Fish Sentience   Animal Legal & Historical Center: New Mexico Statutes Annotated § 30-18-1   Animal Legal & Historical Center: Utah Code Annotated § 76-9-301   Animal Legal Defense Fund: Friend or Food? Companion Pigs Challenge Legal Distinctions by Nicole Pallotta   Sports Illustrated Vault: The Lost Pets that Stray to the Labs by Coles Phinizy   BARk: The Dog Who Sparked an Animal Rights Movement by JoAnna Lou   Animal Legal Defense Fund: Animals Used in Research   Nebraska Law Review: The Animal Welfare Act at Fifty: Problems and Possibilities in Animal Testing Regulation by Courtney G. Lee   Institute for Laboratory Animal Research: Gaps in US Animal Welfare for Laboratory Animals: Perspectives from an Animal Law Attorney by Pamela Frasch   Animal Legal & Historical Center: Detailed Discussion of the Humane Methods of Slaughter Act by Cynthia F. Hodges   Vox: The “Humanewashing” of America’s Meat and Dairy, Explained by Jessica Scott-Reid   National Library of Medicine: Are They Buying It? United States Consumers’ Changing Attitudes toward More Humanely Raised Meat, Eggs, and Dairy   Animal Welfare Institute: A Consumer’s Guide to Food Labels and Animal Welfare   Animal Welfare Institute: Legal Protections for Animals on Farms   Frontiers: Nonhuman and Nonhuman-Human Communication: Some Issues and Questions   Science in the News: River Dolphins Have a Surprisingly Large Vocabulary   The Washington Post: Coyote-killing Contests Face Growing Outrage, State Bans   Outdoor Life: Coyote Hunting Contests Would Be Banned on Federal Land if Congress Passes the Bill It Introduced This Week   Animal Legal & Historical Center: Texas Penal Code § 42.092   Animal Legal Defense Fund: Fighting to Bring Kristen Lindsey to Justice   American Veterinary Medical Association: AVMA Guidelines for the Euthanasia of Animals   Public News Service: Lobster and Crab Cruelty in Maine? by Mark Scheerer   Animal Legal Defense Fund: Switzerland Bans Practice of Boiling Lobsters Alive Without Stunning First by Nicole Pallotta  

On this episode of Animal Amicus, hosts Senior Policy Program Manager Nicole Pallotta and Managing Attorney David Rosengard discuss sentience, the legal status of nonhumans, the “Oregon trilogy” (State v. Nix, State v. Fessenden, and State v. Newcomb), and animal rights victories across the United States and globally.    Resources referenced in this episode along with additional relevant articles are listed below:    Animal Legal Defense Fund: Critical Caselaw: Judicial Recognition of Animal Sentience (webinar featuring Jamie Contreras & David Rosengard)   Animal Legal Defense Fund: Animals’ Legal Status   Animal Legal Defense Fund: How Animals Differ from Other Types of “Property” Under the Law   Animal Legal & Historical Center: State v. Nix , 334 P.3d 437 (2014), vacated, 356 Or. 768, 345 P.3d 416 (2015)   Casetext: State of Oregon v. Hess, 273 Or. App. 26 (2015)   Casetext: People v. Harris, 405 P.3d 361, 2016 COA 159 (Colo. App. 2016)   Animal Legal Defense Fund: Charging Considerations in Criminal Animal Abuse Cases   Oregon Live: Animals Can Be Victims of Crime, Oregon Court of Appeals Says   FBI: Tracking Animal Cruelty: FBI Collecting Data on Crimes Against Animals   FBI: 2019 National Incident Reporting System   Animal Legal & Historical Center: State of Oregon v. Fessenden, 310 P.3d 1163 (Or. App., 2013), review allowed, 354 Or. 597, 318 P.3d 749 (2013) and aff'd, 355 Or. 759 (2014)   Animal Legal Defense Fund: Two Great Legal Victories for Animals in Oregon   Oregon Live: Oregon Supreme Court Rules in Favor of Deputy Who Entered Private Property to Rescue Starving Horse   Animal Legal & Historical Center: State of Oregon v. Newcomb, 359 Or 756 (2016)   Oregon Live: Pets not ‘mere’ property: Oregon Supreme Court upholds dog-starvation conviction   FBI Law Enforcement Bulletin: The Emergency Aid Exception to the Fourth Amendment’s Warrant Requirement   Animal Legal & Historical Center: State v. Davidson, Slip Copy, 2006 WL 763082 (Ohio App. 11 Dist.), 2006-Ohio-1458   Animal Legal Defense Fund: 34 Horses in Limbo: Pre-Trial Forfeiture   Animal Legal Defense Fund: Delhi High Court Rules that Community Dogs Have the Right to Food by Nicole Pallotta   Animal Legal Defense Fund: Islamabad High Court Holds that Animals Have Legal Rights by Nicole Pallotta  

On this episode of Animal Amicus, hosts Senior Policy Program Manager Nicole Pallotta and Managing Attorney David Rosengard discuss the history of animal protection and animal cruelty laws, the link between domestic violence and animal abuse, courtroom animal advocate programs (CAAP), and the stories behind Desmond’s Law and Franky’s Law. Resources referenced in this episode along with additional relevant articles are listed below:   Desmond’s Law: CT Gen Stat § 54-86n (2018)  Animal Legal Defense Fund: Courtroom Animal Advocate Rights (CAAP)  Animal Legal Defense Fund: Short Film Released with Actress Anjelica Huston in Support of States Adopting Courtroom Animal Advocate Programs  Animal Legal Defense Fund: Unique Connecticut Law Allows Court-Appointed Advocates to Represent Animals by Nicole Pallotta  The Washington Post: A second chance by Emily Giambalvo  Animal Legal Defense Fund: Case Study: Animal Fighting – Michael Vick  Animal Legal & Historical Center: Lessons Learned: Acting as Guardian/Special Master in the Bad Newz Kennels Case by Rebecca J. Huss  Animal Legal & Historical Center: United States v. Gideon, 1 Minn. 292 (1856)  Animal Legal & Historical Center: The Development of the Anti-Cruelty Laws During the 1800’s by David Favre & Vivien Tsang  Animal Legal Defense Fund: Laws that Protect Animals  Animal Legal Defense Fund: The Link Between Cruelty to Animals and Violence Toward Humans (includes the fact sheet mentioned in this episode)  Animal Welfare Institute: Safe Havens Mapping Project  Battered Women’s Justice Project: Understanding Animal Abuse as Intimate Partner Violence  Pamela Carlisle-Frank, Joshua M. Frank & Lindsey Nielsen (2004) Selective battering of the family pet, Anthrozoös, 17:1, 26-42, DOI: 10.2752/089279304786991864    UConnToday: Desmond’s Law 5 Years Later: UConn Animal Law Clinic Leader Conducting Study, Crafting Manual, Developing Diversionary Program  SSRN: Desmond’s Law: Early Impressions of Connecticut’s Court Advocate Program for Animal Cruelty Cases by Jessica Rubin  Animal Legal Defense Fund: Model Animal Protection Laws