Category: Law

Dairies win two cases

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From ANIMAL PEOPLE, May 2003:

Ruling that government agencies are exempt from the
prohibitions on false advertising that apply to private citizens,
San Francisco Superior Court Judge David Garcia on March 25 dismissed
a lawsuit by PETA against a “Happy cows” ad campaign sponsored by the
California Milk Advisory Board. Arguing that scenes of cows in green
pastures used in the ads misrepresent the reality of how California
dairy cattle are kept, PETA previously complained to the Federal
Trade Commission. The FTC declined to take action in October 2002.

The Pennsylvania State Superior Court on April 8 upheld a
$96,000 verdict against the Fayette County SPCA for alleged invasion
of privacy in April 1993 while investigating the purported theft of a
dog and cruelty to a heifer reported by dairy farmer John Tabaj’s
former son-in-law during a messy divorce case. Tabaj was charged
with five counts of cruelty, but the charges were later dropped.
The incident caused the Pennsyl-vania legislature to mandate in
December 1994 that humane officers must be appointed by a judge. A
Fayette County jury in January 1992 ordered the $96,000 penalty
against the Fayette County SPCA, and ordered Tri-County Humane
Protection Inc., also involved in the raid, to pay Tabaj $105,000.
Tri-County Humane Protection is now defunct. The Fayette County SPCA
has indicated that the size of the award will force it to close,
too, leaving the county without an animal shelter.

BOOKS: Animal Abuse: Why Cops Can & Need To Stop It

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From ANIMAL PEOPLE, May 2003:

Animal Abuse: Why Cops Can & Need To Stop It
Video from In The Line of Duty (P.O. Box 6798, Brentwood Station,
St. Louis, MO 63144), 2002. 35 minutes. $95.00.

Matthew Kaczorowski, 21, pleaded guilty to mischief on
April 9, 2003 in Toronto. The last of three participants to face
justice for making a purported “art video” of the torture killing of
a cat, Kaczorowski was arrested in Vancouver and flown back to
Toronto for trial approximately one year after Jesse Power, 22, was
sentenced to serve 90 days in jail on weekends followed by 18 months
of house arrest (which he has appealed), and Anthony Wennekers, 25,
was sentenced to the 11 months he spent in jail awaiting trial.
Ironically, the cat-killers’ video may now receive a much
wider audience than they could ever have found for it on their own.
Long clips from it are incorporated into Animal Abuse: Why Cops Can
& Need To Stop It, along with portions of videos taken by many other
convicted cruelty perpetrators.
“Tragically, we felt the only way we could reach veteran cops was to
make the program visually overwhelming,” In The Line of Duty company
president Ron Barber told ANIMAL PEOPLE, adding that In The Line of
Duty “is the world leader in law enforcement video and internet
training,”

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Elephant captures & rampages spotlight habitat encroachment

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From ANIMAL PEOPLE, May 2003:

PRETORIA, NEW DELHI, NAIROBI, SAN DIEGO, BANGKOK,
COLOMBO–Pretoria Regional Court magistrate Adriaan Bekker on April 7
found African Game Services owner Riccardo Ghiazza of Brits, South
Africa, guilty of cruelty to 30 young elephants in 1998-1999. The
verdict reportedly took Bekker four hours to read.
Convicted with Ghiazza, but on just two cruelty counts, was
student elephant handler Henry Wayne Stockigt.
Charges were dismissed against another handler, Craig
Saunders, and another company, African Game Properties Inc.
Captured in the Tuli district of Botswana during July 1998,
the elephants were transported to Brits for training and sale to
overseas zoos.

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Vegetarian mandates

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From ANIMAL PEOPLE, May 2003:

“Tourists visiting wildlife sanctuaries in Orissa state will
now have to turn vegetarian for the entire duration of their trip,”
Times of India News Network correspondent Rajaram Satapathy reported
from the Bengal coast city of Bhubaneswar in February.
“Concerned with rampant poaching, the state government has
banned cooking and eating non-vegetarian food in all 18 sanctuaries
in Orissa,” Satapaty elaborated. “The order, issued by the chief
conservator of forests, is being strictly implemented. Recently
more than 125 tourist vehicles, on a single day, were refused entry
into the Similipal Tiger Reserve because they were found carrying
meat and chicken for consumption.”

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Blind “justice” can’t tell chickens from dead wood

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From ANIMAL PEOPLE, May 2003:

SAN DIEGO, California–Ward Poultry Farm owners Arie and
Bill Wilgen-burg, of Escondido, California, will not be charged
with cruelty for having employees toss more than 60,000 live hens
into wood chippers, the San Diego County district attorney’s office
announced on April 10, because the Wilgenburgs were told to chip the
chickens alive by a USDA-accredited veterinarian.
The veterinarian was neither working for the USDA nor
representing it, but was advising the Wilgenbergs about killing
their flocks, at two sites, to help halt the spread of the worst
outbreak of Newcastle disease since 12 million chickens and other
domestic birds were killed to control an outbreak in 1971.

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Legal action against ocean fishing

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From ANIMAL PEOPLE, May 2003:

U.S. District Judge Thelton Henderson on April 10 held for
the fourth time in 13 years that 1988 amendments to the 1972 Marine
Mammal Protection Act oblige the U.S. to exclude imports of tuna
netted “on dolphin,” a method often used by foreign fleets because
dolphins and tuna feed on the same fish species and often swim
together. Surrounding feeding dolphins with nets therefore usually
captures tuna–as well as dolphins who do not escape before the nets
close. Henderson in May 1990 banned imports of yellowfin tuna from
Mexico, Venezuela, and Vanuatu. After Congress reinforced the 1990
verdict by introducing “dolphin-safe” labeling, Henderson in January
1992 banned $266 million worth of tuna imports from 30 nations.

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Dutch assassin gets 18 years

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From ANIMAL PEOPLE, May 2003:

AMSTERDAM–Volkert van der Graaf, 33, who confessed to
killing anti-immigration and pro-fur politician Pim Fortuyn on May 6,
2002, in the first Dutch political assassination since World War II,
was on April 14 sentenced to serve 18 years in prison.
Seeking a life sentence, the prosecution said it would appeal.
Likening the assassination to shooting Adolph Hitler before
he could rise to power, van der Graaf testified that he shot Fortuyn,
54, because he was “a threat to weaker groups in society,”
including asylum-seekers, Muslims, the disabled, and animals.

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Will new Kenya government lift hunting ban?

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From ANIMAL PEOPLE, May 2003:
NAIROBI–Kenya has a new President, National Rainbow
Coalition candidate Mwai Kibaki, succeeding Daniel arap Moi,
President since 1978.
Kibaki, a longtime leading member of the parliamentary opposition to
the arap Moi regime, almost immediately replaced the entire Kenya
Wildlife Service board of directors, fueling concern that Kibaki may
next move to overturn the national ban on sport hunting enforced
throughout arap Moi’s tenure as–according to Ghosts of Tsavo author
Philip Caputo–a gesture of respect to Daphne Sheldrick, widow of
Tsavo National Park founder David Sheldrick and pioneer of successful
rehabilitation of orphaned elephants.

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Embezzling in Germany

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From ANIMAL PEOPLE, May 2003:

MUNICH–Wolfgang Ullrich, 58, head of the 230,000-member
German animal welfare society Deutsches Tierhilfswerk 1994-1999, was
on April 1, 2003 sentenced to 12 years in prison for embezzling $28
million.
Reported Reuters, “Thai police first arrested Ullrich, who
ran a restaurant in the resort of Pattaya, after investigating him
for tax evasion. Subsequent probes into his finances uncovered a
front company Ullrich had set up in Switzerland, into which he
channeled donations from animal lovers.”
Deutsches Tierhilfswerk is now expected to sue seeking
recovery of the money.

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