Court Calendar

From ANIMAL PEOPLE, September 2000:

PREDATORS
A jury in the native village of
Tok, Alaska, population 1,000, on July 22
ordered Friends of Animals to pay
$150,000 and wolf biologist Gordon Haber
to pay nearly $40,000 to local trapper
Eugene Johnson for releasing a wolf from a
snare in March 1997. Investigating rural
Alaskan claims that caribou were scarce due
to wolf predation, Haber found the radiocollared
wolf caught among four caribou
who previously died in snares at the same
site. Instead of releasing the wolf immediately,
Haber videotaped the scene and tried
unsuccessfully to get the Alaska Department
of Fish and Game to charge Johnson
with illegally killing the caribou. Haber
returned later and released the wolf after the
DFG refused to act. The wolf was found
three weeks later, 20 miles away, suffering
from an infected wound from the snare, and
bled to death after state and federal biologists
reportedly used a jackknife to amputate
the injured paw. Haber has worked mainly
under contract to FoA since 1993. FoA
president Priscilla Feral told A N I M A L
P E O P L E that FoA would seek to have the
verdict vacated, since as Haber pointed out,
“Tok is a trapping community, the trial was
held in Tok, and the trapper is from Tok.”
The Animal Protection Institute
on July 12 filed a motion to intervene in a
lawsuit brought in Waco, Texas, by the
Texas Farm Bureau and American Farm
Bureau Federation, seeking to prevent the
USDA from releasing to API the names and
locations of ranches in Texas and New
Mexico where USDA Wildlife Services has
deployed Compound 1080 sheep collars to
kill coyotes. API sued to get the information
in August 1999, and the USDA agreed in an
October 1999 settlement to provide it.

VEGGIE CASES
PETA lost First Amendment
cases in both Utah and New York d u r i n g
mid-July. U.S. District Judge Dee Benson
ruled on July 10 in Salt Lake City that
Eisenhower Junior High School a d m i n i strators
and Salt Lake City sheriff’s deputies
did legally have some discretion “to decide
what activities are disruptive” to school
functions, when on January 20, 1999 they
stopped a PETA protest against the presence
of a M c D o n a l d ’ s restaurant company flag
on the school pole. The flag was flown in
recognition of McDonald’s sponsorship of
classroom materials. Benson did not rule,
however, on the merits of either the decision
to halt the demonstration or PETA contention
that it should have been stopped.
Arguments in the case continue.
In New York City, Judge Victor
Marrero ruled on July 25 that the organizers
of the CowParade sidewalk sculpture exhibition
had the right to reject a design submitted
by PETA for reasons of taste. That
design attacked meat-eating. Another PETA
design, urging viewers to “buy fake
[leather] for the cow’s sake,” was accepted.
In Britain, Scotland Yard o n
July 5 agreed to pay $7,500 each to McLibel
defendants David Morris, 46, and H e l e n
Steel, 34, in settlement of a 1998 case contending
that police officers improperly provided
personal information about them to
McDonald’s Restaurants. McDonald’s
accused Morris and Steel of libeling the firm
in leaflets distributed on Earth Day 1991.
Defending themselves at a 314-day trial,
they won rulings that McDonald’s could
fairly be accused of complicity in animal
abuse, exploiting workers, and promoting a
diet that may contribute to heart disease.
Three Appellate Court judges agreed, however,
that McDonald’s was not fairly
accused of selling “poisonous” food, nor of
contributing to rainforest logging and starvation
in underdeveloped nations.

KILLING BIRDS
Finding opposite to a June 12
ruling by Federal District Judge Marsha
Pechman of Seattle, in a separate but parallel
case, U.S. District Judge Colleen
K o l l a r – K o t e l l y ruled on July 19 in Washington
D.C. that USDA Wildlife Services
may not kill resident Canada geese in
Virginia and other states without a U.S. Fish
and Wildlife Service permit. That did not
stop the killing, however, as USDA Wildlife
Services obtained a USFWS permit
while the case, brought by the H u m a n e
Society of the U.S., was stil pending.
The North Carolina Court of
A p p e a l s ruled during the last week in July
that Oxford farmer John Ashton Malloy
may not hold another of the four-day pigeon
shoots he has hosted twice annually since
1987, while suing to overturn a 1999
amendment to the state anti-cruelty law
which banned hunting any vertebrate not
regulated by the state Wildlife Commission.
Each shoot killed 25,000-40,000 pigeons.

DOG LAW
The Wisconsin 3rd District
Court of Appeals on July 25 overturned a
lower court ruling that Society Insurance of
Fond du Lac, insurer of the Old Coach
Tavern in Kennan, need not pay more than
$100,000 in claims for dog-inflicted injuries
suffered on August 31, 1997 by D a k o t a
Litvinoff, then age 2. Litvinoff was mauled
on adjacent property by a German shepherd/Doberman
cross belonging to tavern
owner Phil Linehan, who had described the
dog since 1989 as the tavern mascot.
The ruling followed the February
25 Wisconsin 4th District Court of
Appeals verdict that hound owner Lyle Dix
was responsible for bites suffered by
William Fifer in August 1997, even though
Dix had loaned the dog to bear hunter Dave
Kappel and wasn’t present during the attack.
Both rulings extended dog owner
liability, while a June 7 Wisconsin 2nd
District Court of Appeals verdict upheld
the tradition that dog owners may not recover
damages beyond property value for the
wrongful death of a dog. Julie Rabideau,
of Racine, had sued police officer Thomas
Jacobi, who in March 1999 shot her Rottweiler––while
off duty––for allegedly
attacking his Chesapeake Bay retriever.
The day after the Rabideau verdict,
four Kentucky dog owners asked the
U.S. District Court in Louisville to rule on
the constitutionality of police offers shooting
their dogs, in separate incidents occurring
between July 1997 and October 1999.

FISHING
Responding to a petition filed
jointly by Greenpeace, the American
Oceans Campaign, and the Sierra Club,
U.S. District Judge Thomas Zilly ruled on
July 20 in Seattle that the National Marine
Fisheries Service must ban trawling for pollock,
cod, and other bottom fish in waters
within 20 nautical miles of 122 Stellar sea
lion rookeries and haulouts, as well as within
three major foraging areas in the Bering
Sea and Gulf of Alaska. Zilly held that
NMFS improperly ignored evidence associating
trawling for bottom fish with an 80%
to 90% decline in the Stellar sea lion population
since 1970.
The Zilly verdict came two days
after U.S. District Judge David Ezra o f
Honolulu reaffirmed his June 26 order that
NMFS must place an observer on every
longline fishing vessel, to protect endangered
sea turtles, monk seals, and whales.
“Unrestricted longline fishing will never
happen again in the Pacific by U.S.-based
boats,” said Ezra, “not because of this
court, but because that is what the law
requires.” Ezra also rapped the Hawaii
Longline Association for allegedly trying to
sway his verdict with a publicity campaign.

RULINGS ABROAD

From ANIMAL PEOPLE, July/August 2000:

Kerala High Court Justices K.
Narayana Kurup and K.V. Sankaranarayanan
ruled on June 7 in Kochi, India, that animals
such as lions, tigers, panthers, bears, and
nonhuman primates, “though not homo sapiens,
are also beings entitled to humane treatment.”
Added the judges, “Though the law currently protects
wildlife and endangered species from extinction,
animals are denied rights, an anachronism
that must change. If humans are entitled to rights,
why not animals?” The judges upheld the authority
of Indian federal minister for social justice and
empowerment Maneka Gandhi to enforce her
October 1998 invocation of the W i l d l i f e
Protection Act of 1972 to bar circus exhibition of
large carnivores and nonhuman primates.

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COURT CALENDAR

From ANIMAL PEOPLE, July/August 2000:

U.S. District Court Judge Ellen S. Huvelle ruled on June 27 in Washington D.C. that the Alternatives Research & Development Foundation, In Vitro International, and Philadelphia college student Kristine Gausz have standing to pursue their March 1999 lawsuit against the USDA for failing to protect birds, rats, and mice under the Animal Welfare Act. Huvelle held that “a researcher who witnesses the mistreatment of rats in her lab must have standing,” and that the USDA does not have “unreviewable discretion to exclude birds, rats, and mice from AWA protection.” The Alternatives Research & Development Foundation is a subsidiary of the American Anti-Vivisection Society, founded in 1994 to support the development of alternatives to animal use in laboratories.

Seattle Federal District Judge Marsha Pechman ruled on June 12 that USDA Wildlife Services could proceed with killing as many as 3,500 resident Canada geese in alleged problem areas around Puget Sound this summer, under contract to 12 counties, 11 cities, the University of W a s h i n g t o n, and B o e i n g. As many as 1,000 geese were reportedly captured and gassed during the next two weeks. USDA Wildlife Services regional chief G a r y O l d e n b u r g refused to disclose the locations of goose roundups and killing to either the Seattle Times, activist groups, or Renton mayor Jesse Tanner, and reportedly told Tanner that if any journalist turned up at a killing site, the killing would be halted to avoid exposure. Similar massacres––and secrecy––are slated for many other regions.

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LEGISLATION

From ANIMAL PEOPLE, July/August 2000:

The Conservation and Reinvestment
Act, approved on May 10 by 314 of
the 435 members of the House of Representatives
and now before the Senate, would
allocate $45 billion in federal oil leasing revenues
to buying land for parks and green
space, wildlife protection, and beach maintenance.
Backed by most leading conservation
groups, it is opposed by John Eberh
a r t of the Georgia Earth Alliance, who
argues that the matching funds it would
grant to state wildlife agencies might remove
their incentive to seek support from the nonhunting
and trapping public, not just the
license-buying hunters and trappers.
The California State Assembly
on May 30 voted 55-18 in support of A B
2 4 7 9, which would prohibit dismembering,
flaying, or scaling live turtles, frogs, and
birds sold as food––notably at the so-called
“live markets” serving mostly ethnic Asian
clientele in San Francisco, Oakland,
Stockton, Sacramento, and Los Angeles.
Illinois Governor George Ryan
on June 9 signed into law HB 3254, the
Dissection Alternatives Act, which enables
students to opt out of school dissection labs.

Wildlife Waystation copes with red tape, green water––other no-kills struggle too

From ANIMAL PEOPLE, June 2000:

LOS ANGELES––Six weeks after the California Department of Fish and Game on April 7 ordered Wildlife Waystation to cease admitting visitors and taking in animals for either rehabilitation or lifetime care, the Waystation remained closed.

Founder Martine Colette told ANIMAL PEOPLE on May 21, however, that she was optimistic that alleged water handling problems were almost resolved and that a hail of other allegations amplified by seemingly everyone she ever had words with was close to blowing over––like all the other storms she has weathered while building the largest and perhaps oldest no-kill sanctuary for exotic wildlife in North America.

Bad publicity issued chiefly by L o s Angeles Times reporter Zantos Peabody and local internet activist Michael Bell had done the Waystation significant economic harm, but Colette was more concerned with the practical aspects of caring for more than 1,200 animals in the southern California spring heat while her water supply was limited.

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Felony cruelty bills & animals in transit

From ANIMAL PEOPLE, June 2000:

Alabama, Georgia, Iowa, Kansas, and South Carolina all added language to their anti-cruelty statutes during their spring 2000 legislative sessions which will permit felony prosecution. This brings to 30 the number of states that recognize a felonious level of cruelty. The Alabama law includes exemptions for hunters who control their dogs with shock-collars and property owners who use a BB gun to shoot cats or dogs in the act of urinating or defecating on their land. The Georgia law exempts fishing and pest control. The Iowa law exempts farm animals. As ANIMAL PEOPLE went to press, felony anti-cruelty bills had also cleared the Pennsylvania house of representatives and the District of Columbia judiciary committee, putting each bill halfway to passage.

U.S. President Bill Clinton on May 5 signed into law a Federal Aviation Administr a t i o n reauthorization bill including provisions that require the Department of Transportation to supervise improved employee training about animal handling, require airlines to tell passengers about how animals will be carried, and also require airlines to file monthly reports with DOT, stipulating how many animals have been lost, injured, or killed while in their custody. The provisions came from the “Safe Air Travel for Animals Act” authored by Senator Frank Lautenberg (D-N.J.) and promoted through ads in ANIMAL PEOPLE by the San Francisco SPCA Law and Advocacy Department.

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U.S. Supreme Court raps ranchers & other big farm cases

From ANIMAL PEOPLE, June 2000:

Ruling 9-0 against the wise-use orie n t e d Public Lands Council, t h e A m e r i c a n Farm Bureau Federation, t h e A m e r i c a n Sheep Industry Association, the Association of National Grasslands, and the N a t i o n a l Cattlemen’s Beef Association, t h e U . S . Supreme Court on May 15 upheld the authority of Interior Secretary Bruce Babbitt under the 1934 Taylor Grazing Act to impose grazing reform rules governing the use of 170 million acres of leased federal property in 13 states. The Supreme Court ruling finalizes changes Babbitt ordered in 1995 which ended quasi-automatic grazing permit renewal for approximately 20,000 tenured leaseholders; allowed non-ranchers to bid on grazing permits, including for the purpose of holding land as wildlife habitat; and stipulated that fences, wells, and other improvements made on federal land by leaseholders become property of the federal government. A further effect of the ruling is that banks may no longer feel confident in making business loans to ranchers, accepting their grazing leases as collateral in lieu of owned real estate. The net outcome is expected to be more wildlife and fewer cattle and sheep on western rangeland.

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Lab to be charged

From ANIMAL PEOPLE, June 2000:

CAPE TOWN, S.A.––S o u t h African National SPCA senior inspector Neil Fraser told reporters in mid-May that cruelty charges would be brought against Centre in Africa of Primatological Experimentation director Marc BaillyMaistre for allowing 30 baboons and vervets to starve at his facility, described by Fiona Macleod of the Johannesburg Mail & Guardian as having “shadowy links with the military.” Seven starving wild-caught baboons were euthanized, a decade after 122 baboons were euthanized at CAPE for similar reasons by National Council of SPCAs staff.

According to Macleod, CAPE operates from government land and “was allegedly set up as a front for the former South African Defence Force. CAPE has also been linked,” she wrote, “to the notorious Roodeplates Research Laboratory near Pretoria, where the SADF conducted biological and chemical experiments.”

HUMANE LAW ENFORCEMENT

From ANIMAL PEOPLE, May 2000:

California Attorney General Bill Lockyer during the first week of April issued a legal opinion that pigeon shoots are illegal under existing California anti-cruelty legislation, because “conducting a pigeon shoot subjects the pigeons to needless suffering, inflicts unnecessary cruelty upon the birds, abuses the pigeons, and takes place after the contest organizers have failed to provide the birds with proper food and drink.” Lockyer wrote in response to a request from state assembly member Sheila James Kuehl, who questioned the legality of a four-day pigeon shoot held in 1998 in Sierra county. “Pigeon shoots are now held only in Pennsylvania, North Carolina, and Texas,” said Fund for Animals national director Heidi Prescott, “All three have pending litigation to halt pigeon shoots under state anti-cruelty laws.” The Pennsylvania Supreme Court ruled in 1999 that the Pennsylvania anti-cruelty law is applicable to pigeon shoots, bringing the end of the notorious Labor Day shoot at H e g i n s, which had been held since 1935. Existing laws were first used successfully to stop pigeon shoots in 1992, when S H A R K founder S t e v e Hindi stopped them in Illinois.

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