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November 4th, 2009

ISAR's Model Statute Regulating Dog Breeding, Facilitation and Sales

11/4/09 01:38 pm
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At this very moment, literally countless numbers of dogs, certainly hundreds of thousands, are held captive around the world in wretched conditions, while being used and abused as living breeding machines by conscienceless breeders, facilitators and commercial retail sales outlets whose only concern is for their own profit.

Because much of that abuse occurs in the United States, and because ISAR's self-imposed mandate is the protection of animals, we have prepared a comprehensive Monograph containing ISAR's Model Statute Regulating Dog Breeding, Facilitation and Sales. In effect, our Monograph is a brief in support of our Model Statute. ISAR's approach to the dog breeding problem is revolutionary because our goal is to end virtually all breeding of dogs in the United States and to prohibit the importation of canines bred elsewhere. End the breeding, not perpetuate it.

ISAR's Model Statute's imposition of tough regulations on breeders, facilitators and commercial retail sales outlets is unapologetically draconian. This is our intention and our goal, because only in this manner can the dog-trade's participants' appalling, and often illegal, conduct be regulated out of existence once and for all.


TABLE OF CONTENTS


Introduction. ....................................................................................................1

1. Breeders: ................................................................................3

Types of breeders. ............................................................................................3
Genesis of puppy mills in the United States. .................................................3
"Life" in a puppy mill. .......................................................................................4
Puppy mills are a blight on civilized society. .................................................7
The moral case against puppy mills. ................................................................8
Federal efforts to regulate breeders and others. ..........................................13
State efforts to regulate puppy mills. ............................................................17
The Petland case and the torturous road of litigation. ..................................21

2. Facilitators: ............................................................................23
ISAR definition. ...............................................................................................23
USDA definition. .............................................................................................24
Examples of facilitators. .................................................................................24

3. Retail sellers: ..........................................................................25
Introduction. .....................................................................................................25
State laws. .........................................................................................................25


4. Constitutionality of regulating dog breeding and sales. ..............29

5. ISAR's Model Statute Regulating Dog Breeding, Facilitation and Sales:...........................................................................................32

Animal Welfare Act. .........................................................................................32
Preface to ISAR's model statute. .....................................................................41
ISAR's Model Statute Regulating Dog Breeding, Facilitation and Sales.......44
Preamble. ...........................................................................................................44
Part I. Definitions (annotated). ..........................................................46
Part II. Breeders (annotated). ............................................................................47
Part III. Facilitators (annotated). .......................................................................59
Part IV. Commercial retail sales outlets (annotated). .....................................69
Part V. Miscellaneous provisions (annotated). ................................................80

Conclusion. ..................................................................................88

Appendix: ...................................................................................A-1

A. ISAR's Model Statute Regulating Dog Breeding, Facilitation and Sales

(unannotated)....................................................................................................A-1
Preamble. .........................................................................................................A-1
Part I. Definitions (unannotated). .....................................................A-2
Part II. Breeders (unannotated). ......................................................................A-3
Part III. Facilitators (unannotated). ..............................................................A-11
Part IV. Commercial retail sales outlets (unannotated)..............................A-17
Part V. Miscellaneous provisions (unannotated). .......................................A-25

B. Petland first amended complaint..............................................B-1


The entire monograph can be found here.

 

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October 14th, 2009

Why Animal Suffering Matters, by Andrew Linzey. Reviewed by Professor Henry Mark Holzer

10/14/09 11:49 am
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Why Animal Suffering Matters, by Andrew Linzey. Reviewed by Professor Henry Mark Holzer


 
Andrew Linzey is a warhorse of the animal rights movement, and one of its leading intellectuals. He is Director of the Oxford Centre for Animal Ethics and a member of the Faculty of Theology at Oxford University in England.

Dr. Linzey’s newest book, of some twenty, is published by Oxford University Press and is important for at least four reasons.

First, in his own words, “[t]his book attempts to provide a clear, introductory text accessible for high school and university students. * * * This volume is also intended to meet the specific needs occasioned by the increasing number of university courses in animal welfare, animal rights, human-animal studies, animal ethics, animals and philosophy, animals and religion, animal law, and even animal theology at the university level in both Europe and the United States. This is in addition to the many pre-university, advanced-level, and high school courses in the United Kingdom and the United States in liberal arts, humanities, philosophy, religious studies, and ethics that now increasingly include normative questions about our treatment of animals within their fields of study.” Few tasks are more important than this for the animal protection movement, for it is the future generations that will be responsible for making another quantum leap in the understanding of the human-animal relationship, and the protection of the latter. In that respect, Dr. Linzey’s book is more than a welcome addition to the literature; it is an indispensable one.

Second, the structure of Why Animal Suffering Matters well serves the case it makes. Part I is entitled “Making the Rational Case,” and consists of two chapters. Of them, the first—“Why animal suffering matters morally” (Chapter 2 is entitled “How we minimize animal suffering and how we can change”—sets the tone for everything that follows. At the end of Chapter 1 Dr. Linzey provides a summary of its main points, a useful tool for his intended audience. Most important is his central point that whatever differences exist between humans and animals, they are not necessarily morally different. This emphasis on the moral, though not overly theological, aspects of human treatment of animals suffuses Dr. Linzey’s book in a welcome departure from some other works in this genre which minimize the moral case if they address it at all. The reason the book’s structure serves the case it makes is because Part I is an essential predicate to Part II, which examines “Three Practical Critiques”: hunting with dogs, fur farming and commercial sealing. In Dr. Linzey’s discussion of each of these topics omnipresent is always the moral calculus, the litmus test by which these, and other animal-destructive, activities must always be judged.

Third, is the content of the moral calculus itself, too important and serious to be facilely summarized here. Suffice to say that despite the author’s life-long association with theology, his moral case does not rest entirely by an appeal to a “higher being” which somehow bespeaks of the need for humans to be kind to animals. For example—one of many—Dr. Linzey makes the point that if the principle of medical informed consent “is morally sound, the absence of the capacity to give consent [by animals], informed or otherwise, must logically tell against [emphasis in original] the abuse of animals. It makes the infliction of injury not easier, but equally difficult, if not harder, to justify. At Tom Regan extols when weighing the relative risks and harms involved in experimentation: ‘Risks are not morally transferable to those who do not voluntarily choose to take them’.”

Fourth, in Why Animal Suffering Matters Dr. Linzey takes on Peter Singer, a utilitarian considered by many to be the father of the animal rights movement (which, by his own admission, he is not). Among other indefensible ideas, Singer believes it is permissible for “society,” which is nothing more than an aggregation of individuals, to murder disabled newborn babies up to a month old—a “logical” corollary of his view that even partial-birth abortion is morally acceptable, and should be legally as well. If for no other reason—and there are many—Andrew Linzey’s book should be read is because of his critique of Singer’s views, which, for whatever good they may have done years ago for the animal protection movement, have lately allowed our critics to point to his unsavory position on infanticide in an effort to discredit his defensible arguments for animal liberation.

In the end, the first paragraph of Dr. Linzey’s conclusion, sums up much of his book: “Concern for animal suffering, like concern for the suffering of young children, ought reasonably to arise from the following considerations: their inability to give or withhold their consent, their inability to verbalize or represent their interests, their inability to comprehend, their moral innocence or blamelessness, and, not least of all, their relative defencelessness and vulnerability. These considerations, and the sheer volume of animal suffering, are masked, minimized, or obfuscated by a range of powerful psychological and linguistic mechanisms that prevent us from directly confronting our treatment of animals as a moral issue” (emphasis supplied).

Dr. Linzey’s invoking the parallel between young children and animals comes at a coincidental time. On October 6, 2009, the Supreme Court of the United States heard oral argument in the case of United States v. Stevens, which presented the question of whether the government can suppress the creation, possession and sale of depictions of cruelty to animals just as it has been held to possess the constitutional power to suppress depictions of child pornography (a copy of ISAR’s brief in that case can be viewed HERE). There is indeed a correlation, and in each situation the principle which binds the treatment of young children and animals and should protect both is morality.
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October 8th, 2009

United States v. Stevens: Popular Wisdom May Be Wrong

10/8/09 10:42 am
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Two days ago the United States Supreme Court heard oral arguments in United States v. Stevens, the notorious case involving the constitutionality of a federal statute criminalizing the creation, possession or sale of depictions of certain forms of cruelty to animals. Stevens was convicted of the “sale” prong of the statute.

Commentary in the print, broadcast and electronic media has it that the statute is in deep trouble and may be ruled an unconstitutional abridgement of the First Amendment’s guarantee of free speech.

Maybe.

But then again, maybe not.

The Popular Wisdom is apparently based on three things that happened at oral argument.

One was the less than sterling performance of the Deputy Solicitor General of the United States, but that does not matter because few appellate cases are won or lost on oral argument. The justices know the law, read the briefs and are assisted by four law clerks.

I have left oral argument believing I’ve won, but lost. And believed I’ve lost, but won.

Second, Justice Scalia adamantly conveyed his displeasure with the statute, as an infringement of free speech. He is, however, but one of nine justices.

Finally, as usual, Justice Thomas asked no question. He rarely does, but nonetheless well understands the core issue in the case and in the past has written opinions which could augur well for the statute’s constitutionality.

However, questions and comments by Chief Justice Roberts and Associate Justices Kennedy, Breyer and Alito could suggest a decision which would save the statute’s constitutionality.

Almost simultaneously with the publication of this blog on Thursday morning I will be giving a Skype presentation elaborating on these observations and, going out on a long limb, making a prediction of what the Court will decide in this most important case.

ISAR's Skype presentation will be available for download from ISAR's website at www.isaronline.org.
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September 16th, 2009

Profit Trumped Principle

9/16/09 11:23 am
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Nationally, ISAR had taken the anti-Vick lead by obtaining numerous signatures in our petition campaign in support of our effort to deny Vick economic and other benefits which he might enjoy as a result of the "celebrity" he acquired from his criminal acts.

To this day, ISAR continues collecting many signatures from supporters.

When in May 2009, ISAR received an e-bulletin from the Humane Society of the United States (HSUS) stating that it was going to "provide an opportunity for Michael Vick to get involved in some of their anti-dogfighting outreach programs." ISAR immediately sent not one letter, but two letters to HSUS President Wayne Pacelle questioning the humane society's latest move to paper over what Vick had done.

When it became apparent to ISAR that Vick and his handlers were engaged in a sophisticated campaign to have him reinstated and re-employed in the NFL, we wrote to league Commissioner Goodell registering in the strongest terms our disapproval. Our letter can be found here.

Lest any of ISAR's supporters, let alone Vick, think that we're finished with him, here's what happens next.

ISAR has designed a striking poster displaying the slogan "Profit Trumped Principle" for our supporters to have printed and distributed at events such as NFL games where Michael Vick and the Philadelphia Eagles will be present.

Simply click on the poster image below to obtain a larger file for higher printing quality. Next right click your mouse on the larger image. You will be offered options to save, email or print the image. For best quality results ISAR recommends saving the art file to a flash drive and taking it to your local print shop. There you can have the poster printed in color on a thicker stock of paper. Some printing companies may accept the file via email or if you have access to a color printer feel free to print ISAR's "Profit Trumped Principle" poster at your convenience.

Please help ISAR--in public, and in his face--keep fighting Michael Vick!!

 


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August 5th, 2009

Animals In Court

8/5/09 10:25 am
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We have often written about the importance of the legal system to the fight for animal rights (ISAR's Amicus Curiae Brief Has Been Filed In The Supreme Court, ISAR Amicus Curiae Brief in U.S. v. Stevens, ISAR In The Supreme Court Of The United States, Free Speech and Cruelty to Animals), and most recently about the case of United States v. Stevens now pending in the Supreme Court of the United States and scheduled for argument on October 6, 2009.

As ISAR supporters know, we have submitted an amicus curiae (“friend-of-the-court”) brief in that case on behalf of the government, in an effort to save the federal statute which makes it a crime to create, possess or sell videos of animal cruelty.

In our various essays about the importance of the Stevens case to the cause of animal rights, we have expressly and by implication stressed even the greater importance of using the courts in the name of animal protection, and doing so by taking advantage of court rules which allow the submission of amicus curiae briefs.

In the Stevens case, the “Petitioner” is the United States government, represented by the Solicitor General of the United States, which lost in the United States Court of Appeals for the Third Circuit when it declared the “crush video” statute to be an unconstitutional abridgement of the First Amendment.

The “Respondent” is Robert J. Stevens, who was convicted in the federal trial court of trafficking in the illegal videos.

Below you will find a list of individuals and organizations who have filed amicus curiae briefs, and on whose behalf—and live links to their actual briefs.

ISAR encourages you to open each brief to its Table of Contents. There you will find an outline of each argument. Apart from the constitutional and other arguments, we want you to focus on a separate, but extremely important, question: who has supported the animals, and who has supported the complicit animal abuser?

Supporting the government are a few “criminal justice” interests. They understand the importance of the statute for law enforcement. Another brief focuses on technical constitutional analysis, and argues that the statute is constitutional and applies to Stevens.

That leaves only five briefs from animal protection organizations—NWARN, HSUS, ALDF, ISAR, ASPCA—in support of constitutionality, and thus for the animals. Putting aside the obvious differences in approach among the briefs, the fact is that these five organizations have stood up for the animals. ISAR’s question is: where is everyone else?

Our answer is that they’re either indifferent or asleep at the switch, and we don’t know which is worse.

That’s not true of the other side, supporting the monstrous Mr. Stevens. Weighing in are the hunters, booksellers, entertainers, reporters, media, photographers, hikers—you name them (and you can read not only their arguments, but their stated interests in this case, which include everything from “freedom of expression” to “enjoying the outdoors”).

You will note from the covers of these briefs that the amici are represented by some of the brand names of the First Amendment bar, lawyers and professors alike, and some of America’s largest law firms.

The Stevens case is thus both an example and a microcosm of what the animal protection movement is up against in the courts of America.

Unless many more participants in this movement understand the importance of using the courts to help animals, and begin to act accordingly, we will continue to fight on an unequal playing field and the real losers will be the animals.

Amicus briefs

For the Petitioner, and the statute

Brief for The Center on the Administration of Criminal Law in Support of Petitioner

Brief for The Northwest Animal Rights Network in Support of Petitioner

Brief for The Humane Society of the United States in Support of Petitioner

Brief for The Animal Legal Defense Fund in Support of Petitioner

Brief for Florida, Alabama, Arkansas, Arizona, California, Colorado, Connecticut, Hawaii, Illinois, Indiana, Kentucky, Louisiana, Maryland, Michigan, Mississippi, Montana, New Hampshire, New Mexico, North Carolina, Ohio, Rhode Island, South Carolina, Texas, Utah, Virginia and West Virginia, in Support of Petitioner

Brief for International Society for Animal Rights in Support of Petitioner

Brief for American Society for the Prevention of Cruelty to Animals in Support of Petitioner

Brief for Washington Legal Foundation and the Allied Education Foundation in Support of Petitioner

For the Respondent, and against the statute

Brief for the National Shooting Sports Foundation, Inc., in Support of Respondent

Brief for the Association of American Publishers, Inc., the American Booksellers Foundation for Free Expression, the Association of American University Presses, the Comic Book Legal Defense Fund, Entertainment Consumers Association, Entertainment Merchants Association, Film Independent, Freedom to Read Foundation, Independent Book Publishers Association, Independent Filmmakers Project, Independent Film & Television Alliance, The International Documentary Association, the National Association of Recording Merchandisers, the National Association of Theater Owners, Inc., and Pen American Center, in Support of Respondent

Brief for the Reporters Committee for Freedom of the Press and Thirteen News Media Organizations in Support of Respondent

Brief for The Professional Outdoor Media Association, the American Society of Media Photographers, the North American Nature Photography Association, the Pennsylvania Outdoor Writers Association, the Southeastern Outdoor Press Association, and the Texas Outdoor Writers Association in Support of Respondent

Brief for the National Rife Association of America, Inc., in Support of Respondent

Brief for the 1st Amendment Lawyers in Support of Respondent

Brief for the the DKT Liberty Project, the American Civil Liberties Union, and the Center for Democracy and Technology in Support of Respondent

Brief for the Thomas Jefferson Center for the Protection of Free Expression in Support of Respondent

Brief for the Safari Club International and the Congressional Sportsmen Foundation in Support of Respondent

Brief for the National Coalition Against Censorship and the College Art Association in Support of Respondent

Brief for the CATO Institute in Support of Respondent

Brief for A Group of American Law Professors in Support of Neither Party
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ISAR's International Homeless Animals' Day is August 15th

8/5/09 10:19 am
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In 1992, ISAR introduced National Homeless Animals’ Day and Candlelight Vigils as an innovative educational vehicle with a purpose of informing society of an American tragedy that overwhelms animal shelters each year – pet overpopulation. Since the conception of National Homeless Animals’ Day, ISAR has reserved the third Saturday of August, commemorating the Day annually, to promote new campaigns, programs and ideas on the solution to the pet overpopulation epidemic: spay/neuter.

Now, because of the ever-growing, successful international participation in National Homeless Animals’ Day by foreign animal protection organizations, ISAR formally acknowledges this global participation by officially entitling our crusade as “International Homeless Animals’ Day.”
 
Organizations around world come together on the third Saturday of August to raise awareness about the pet overpopulation epidemic. International Homeless Animals’ Day activities often include candlelight vigils, adopt-a-thons, microchip clinics, blessings of the animals, and heartfelt speeches given by council members, local veterinarians, humane officers and shelter personnel. Other activities include slideshows, rallies, dog walks, open houses, award ceremonies, live music, raffles, and games. To read about previous International Homeless Animals’ Day events, please visit our Newsletters page on our website.
Individuals and organizations wishing to take part in ISAR’s International Homeless Animals’ Day events can receive ISAR’s vigil packet via email free of charge. Our vigil packets include guidelines for organizing a successful vigil event with tips on site selection, suggestions for speakers and vigil events, reaching target audiences, poems, songs, sample press releases and more! To request a vigil packet from ISAR, please contact us via email, phone, fax or you may fill out the request form
here and mail it to us.
 
Beginning in 2010, you can also receive for a donation of $5.00 to ISAR, our International Homeless Animals’ Day posters to advertise your event, Proclamations to be signed by your governor and mayor declaring the day as International Homeless Animals’ Day, coloring sheets and more. Your donation will also guarantee advertisement of your organization’s event to thousands of people on ISAR’s website www.isaronline.org, as well as promotion on ISAR’s online communities including Facebook and Myspace.
 
By coming together on International Homeless Animals’ Day you can support ISAR in letting the world know we will not tolerate the senseless killing that continues to take the lives of innocent dogs, cats, puppies and kittens simply because there are not enough good homes for them.
 
Together, we will continue to be a voice for the animals, and continue to demand an end to the suffering these animals face each day.
 
Here are some more ways to participate in ISAR's International Homeless Animals' Day:

Attend an International Homeless Animals' Day Candlelight Vigil in your area

International Homeless Animals' Day Billboard Program

Advertise International Homeless Animals' Day 2009 on your website or online community

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June 15th, 2009

ISAR's Amicus Curiae Brief Has Been Filed In The Supreme Court

6/15/09 02:50 pm
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ISAR's Amicus Curiae Brief Has Been Filed In The Supreme Court

 
After weeks of legal and other research by ISAR's chairman, Professor Henry Mark Holzer, and Lance Gotko, Esq., of the New York law firm Friedman Kaplan Seiler & Adelman, ISAR's friend-of-the-court brief in United States v. Stevens has been filed in the Supreme Court of the United States.

The Supreme Court agreed to review the Stevens case because a lower federal appeals court held unconstitutional the federal statute criminalizing the making, selling or possessing depictions of "crush videos" and other torture and killing of animals.

ISAR's brief is in support of the government and argues, in effect, that the statute is constitutional.

Our amicus curiae brief is now available at http://www.isaronline.citymax.com/friend_of_the_court.html

A brief suggestion to those interested in reading the brief . . . . . . . . . . . .

The basic issue presented to the Supreme Court by the Stevens case is whether the federal statute is constitutional.

For non-lawyers, and even for some unfamiliar with constitutional law and the task of the Supreme Court, portions of ISAR's brief may be difficult to understand completely. We have two suggestions.

First, read the brief in this order: Summary of Argument (pages 2-3); Introduction (pages 3-7); Point III (pages 16-26); Point IV (pages 26-34); Conclusion (pages 34-36); Point I (pages 7-12); Point II (pages 12-16); Interest of Amicus Curiae (unnumbered page 1).

Second, ask a lawyer of your acquaintance to explain the more technical legal aspects. ISAR is proud of our "friend-of-the-court" brief and the statement it makes in behalf of animal rights. We have gone to court for the animals before and, only if we have your financial support can we continue to do so.
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June 9th, 2009

ISAR Hits A Nerve

6/9/09 09:37 am
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As ISAR supporters (and by now countless others in the animal protection movement) know, our Model Mandatory Spay/Neuter Statute has attracted considerable attention because of its unapologetic restrictions on breeding. Comes now a May 15, 2009 column—Reflections, by Frank L. Martin III, in the Missouri West Plains Daily Quill—in which the author does us a great service. After quoting at length the breeder-restrictions in our model statute, Mr. Martin regurgitates the tired and indefensible false alternative of “since when do animal ‘rights’ prevail over animal rights?” As our supporters know, recognizing the one is not to denigrate the other, animal protection can comfortably coexist with human rights and, as even Mr. Martin recognizes, putting “puppy mills out of business” is a “laudable goal.” His mistake is in not understanding that while puppy mills are the worst example of breeders, there are others who contribute to the overpopulation of companion animals—and that ISAR’s Model Mandatory Spay/Neuter Statute seeks not to put them out of business but merely to slow down their production, and thus feed fewer of them into the pipeline of death. (ISAR’s thanks to John Rothgeb, whose letter-to-the-editor observes that our Model Mandatory Spay/Neuter Statute aims to eliminate “abusive breeding.”)
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May 13th, 2009

Another Milestone For Animal Rights Law

5/13/09 09:54 am
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Veterans of the animal rights legal movement believe that it began back in 1972 when ISAR's chairman, Professor Henry Mark Holzer, brought a federal lawsuit challenging the constitutionality of the ritual slaughter exemption to the federal Humane Methods of Livestock Slaughter Act of 1958, and expressly invoking the moral/legal concept of "animal rights"--as a result of which some graciously consider him "the first animal rights lawyer." (See http://sjalp.stanford.edu/pdfs/Tischler.pdf)

In her Stanford article, its author, Joyce Tischler, Esq., of the Animal Legal Defense Fund, credits Professor Holzer with three accomplishments crucial to establishing the field of what today is known as “animal rights law”: (1) with ISAR, having brought the first federal and first state lawsuit expressly invoking the moral /legal concept of “animal rights”; (2) with ISAR, having founded the Animal Rights Law Reporter, which became “the legal clearinghouse for animal rights law information”; and, (3) again with ISAR, having organized the “First National Conference on Animal Rights Law”—an undertaking, in Ms. Tischler’s words, “[t]he significance of which cannot be overstated.”

At that conference Professor Holzer had articulated his vision for using the law on behalf of animals.

A major result of the conference was to coalesce the attending lawyers into a loose network of like-minded individuals, and to identify the tools necessary to create an entirely new, discrete field of law--one which would take its deserved place among other long-recognized practice areas such as corporate law, property law, criminal law and many others.

Over the past two decades, that vision has been almost fully realized.

Today, courses in animal law are taught in virtually every major law school in America, usually using books expressly written for that subject.

Today, conferences are frequently held for lawyers practicing animal rights law.

Today, lawyers draft animal rights legislation, and lobby for their enactment.

Today, more than one law school has nationally recognized programs in animal law.

Today, professional journals devoted solely to animal rights law are published.

Today, animal protection lawyer testify before legislative committees.

Today, laypersons with legal issues involving animals seek out lawyers who specialize in animal protection law.

Today, articles, monographs and books on animal law issues proliferate.

Today, national animal protection organizations have lawyers on their permanent staffs.

Today, more and more college students enter law school because they want to practice animal rights law.

Today, animal rights lawyers consult with lawyers in general practice who may from time to time have a case involving animal issues.

Today, state and local bar associations have animal law sections.

Today, lawyers file "friend-of-the-court" briefs in cases involving animal protection (as Professor Holzer will soon do in the Supreme Court of the United States on ISAR's behalf in the case of United States v. Stevens, in an effort to protect the constitutionality of a federal animal protection statute.)

Today, the American Bar Association, recognizes the existence of the animal rights law practice area by maintaining a subcommittee for those interested in that subject.

Today, lawyers litigate animal rights cases in federal and state, and trial and appellate, courts throughout the United States.

And today, thanks to the ABA, lawyers who litigate those cases are going to have a much easier time--and be able to achieve even better results for their human and animal clients.

That's because of a brand new 584 page book published by the ABA this year, edited by Joan Schaffner and Julie Fershtman: Litigating Animal Law Disputes: A Complete Guide for Lawyers.

The Guide was a formidable undertaking, and its editors and contributors have discharged their task admirably, as its seventeen page Table of Contents reflects.

There, one finds every imaginable topic of interest to lawyers who act on behalf of animals and their custodians: Negligence and Tort Law; Ownership, Custody and Keeping of Animals; Veterinary Malpractice; Animal-Related Contract and Sales Disputes; The Disabled, Service Animals, and the Law; Animal Insurance Litigation; Legal Issues Involving Animal Associations and Individuals Helping Animals; Remedies in Animal-Related Litigation; Criminal Law; Expert Witnesses; Practical Considerations for Attorneys Handling Animal Law Cases.

These chapter headings only suggest at the depth and breadth of information contained in the many sections and subsections of each one, and in the appendices which accompany some of the chapters and appear at the end of the book. (The appendices are also copious indexes.)

It's evident that the editors and contributors gave considerable thought to what their book should contain and, speaking as one who was in this field from the beginning--before the beginning, according to some--they've thought of almost everything. (One suggestion for the second edition: the inclusion of a chapter on the constitutional aspects of animal law, and a Table of Cases and Other Authorities cited in the Guide.)

Litigating Animal Law Disputes: A Complete Guide for Lawyers deserves to be in the library of every lawyer and law library in the United States because it is the one-stop resource for every lawyer who contemplates acting on behalf of animals and their custodians.
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March 19th, 2009

"Animals Today" Radio Show Program of March 22, 2009

3/19/09 03:46 pm
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This Sunday's 2:00-3:00 PM segment will feature Steve Hindi, founder of Showing Animals Respect and Kindness (SHARK). His group battles againt rodeos, bullfighting, live pigeon shoots, turkey hunts, circuses, zoos and marine parks. SHARK is well known for its secretly shot video footage showing animal cruelty. In the broadcast's second hour, Dr. Kirshner will discuss the epidemic of diabetes in domestic pets with Palm Springs veterinarian, Douglas Kunz. Also, in the second segment expert Lindi Biggi will share her extensive knowledge of pet microchipping. Pet behaviorist Dr. Peter Borchelt will be available to answer as many listener questions as possible.
 
Beginning on Sunday, February 8, 2009, ISAR became one of the inaugural sponsors of the new nationally-heard "Animals Today" radio program.
 
"Animals Today" is broadcast on Knews Radio, from California's Coachella Valley, a station on which Dr. Laura and Sean Hannity, among others, can be heard.
 
Hosted by Dr. Lori Kirshner, founder of Southern California's Desert PAWS Foundation, "Animals Today" addresses a variety of contemporary animal-related topics.  Through Dr. Kirshner's commentaries, interviews with experts, and responses to phone-ins, listeners are exposed to some of today's most interesting and important issues relating to animals, both domestic and wild.
 
"Animals Today's" is broadcast on Sundays from 2:00 to 4:00 PM Pacific Daylight Savings Time.
 
Future programs will feature interviews with experts from such organizations as Animal Legal and Historical Web Center, Bighorn Institute, Coachella Valley Wild Bird Center,  Animal Legal Defense Fund.  Dr. Kirshner's guests will include lawyers, behaviorists, teachers, ornithologists, veterinarians, rescuers, judges, writers, and many others.
 
A reminder: During "Animals Today's" popular segment with animal behaviorist Dr. Peter Borchelt, he'll try to answer as many listener questions as possible.  So if your parrot is peculiar, your cat is crying, or your hound is hyper-or if you have any other animal-behavior questions-either email Dr. Lori anytime, or call into the show at about 3:45 PM, Pacific Time.  Email her at drlori@animalstodayradio.com.  Knews Radio/Animals Today call in lines:  Local:  (760) 416-8475--Toll free: (888) 589-6397
 
Thanks to current technology, "Animals Today" can be heard throughout the world by anyone with access to a computer because the Southern California radio station on which the program appears will "stream" it.  Streaming means a radio broadcast can be heard on the Internet while simultaneously being broadcast over the airwaves.   
 
Previous broadcasts of "Animals Today," are now, and will continue to be, archived at the show's website: www.animalstodayradio.com.  Along the left column, click "Listen to the show."  A new screen will appear showing the dates of previous shows.  Then click the play button on the hour(s) you want to hear.
 
However, your computer must be Java "enabled," meaning the Java program must be downloaded onto your computer in order to access archived broadcasts. If your computer is not already Java enabled, click the message displayed for instructions on how to do so.
 
To hear "Animals Today" over the Internet at 2:00-4:00 PM Pacific Daylight Savings Time, turn on your computer and be sure the sound is at an acceptable level. Open your web browser (e.g., aol,Yahoo) and carefully type in the address bar  www.knewsradio.com,  and then click to open that address. The Knews radio website will appear. On the top of the page, click "Listen Live." A new box will appear and the program will begin at the appropriate time.  (Listeners may be asked to register, but doing so is optional and registration is not necessary to hear the show.)
 
"Animals Today's" toll-free call-in telephone number while the program is being broadcast is: 1-888-589-6397.  (The station recommends calling from a land-based telephone rather than a cell phone.)
 
Through this E-Newsletter, ISAR will make available weekly broadcast schedules for "Animals Today."  To be kept informed, please add your contact information at http://www.isaronline.org/contact_us.html.     
 
ISAR has become a sponsor of "Animals Today" because we believe that a serious nationwide (indeed, international) program addressing important contemporary animal issues has become a moral imperative.    
 
We personally know the creators and hostess of this program, and we know their dedication to animals is profound. 
 
Thus, ISAR will do everything in our power to help "Animals Today" succeed, and we earnestly solicit the assistance of those of you who believe as we do. 
 
Please forward this important announcement to as many individuals and lists as you can, asking the recipients to do the same. 
 
ISAR has linked to the "Animals Today Radio" website (www.isaronline.org) and we ask those who support the program to do the same.  (A word to potential sponsors: Please note that advertising rates for "Animals Today" are very reasonable, given that the program can be heard by anyone having access to a computer.  Interested parties should contact Peter Spiegel at (760) 285-4981 or producer@animalstodayradio.com.   
 
As a famous broadcaster said for many years, "See you on the radio."

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March 6th, 2009

"Animals Today" Radio Show

3/6/09 09:06 am
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This Sunday's 2:00-3:00 PM segment will feature renowned attorney Albert Momjian, who'll discuss the practical and legal issues related to pets caught up in the divorces of their custodians.  In the broadcast's second hour, Dr. Kirshner will discuss animal cognition and intelligence with Virginia Morell, author of Animals Are Smarter Than We Think, the cover article for National Geographic's March 2008 issue.
 
Beginning on Sunday, February 8, 2009, ISAR became one of the inaugural sponsors of the new nationally-heard "Animals Today" radio program.
 
"Animals Today" is broadcast on Knews Radio, from California's Coachella Valley, a station on which Dr. Laura and Sean Hannity, among others, can be heard.
 
Hosted by Dr. Lori Kirshner, founder of Southern California's Desert PAWS Foundation, "Animals Today" addresses a variety of contemporary animal-related topics.  Through Dr. Kirshner's commentaries, interviews with experts, and responses to phone-ins, listeners are exposed to some of today's most interesting and important issues relating to animals, both domestic and wild.
 
"Animals Today's" is broadcast on Sundays from 2:00 to 4:00 PM Pacific Daylight Savings Time.
 
Future programs will feature interviews with experts from such organizations as Animal Legal and Historical Web Center, Bighorn Institute, Coachella Valley Wild Bird Center,  Animal Legal Defense Fund.  Dr. Kirshner's guests will include lawyers, behaviorists, teachers, ornithologists, veterinarians, rescuers, judges, writers, and many others.
 
A reminder: During "Animals Today's" popular segment with animal behaviorist Dr. Peter Borchelt, he'll try to answer as many listener questions as possible.  So if your parrot is peculiar, your cat is crying, or your hound is hyper-or if you have any other animal-behavior questions-either email Dr. Lori anytime, or call into the show at about 3:45 PM, Pacific Time.  Email her at drlori@animalstodayradio.com.  Knews Radio/Animals Today call in lines:  Local:  (760) 416-8475--Toll free: (888) 589-6397
 
Thanks to current technology, "Animals Today" can be heard throughout the world by anyone with access to a computer because the Southern California radio station on which the program appears will "stream" it.  Streaming means a radio broadcast can be heard on the Internet while simultaneously being broadcast over the airwaves.   
 
Previous broadcasts of "Animals Today," are now, and will continue to be, archived at the show's website: www.animalstodayradio.com. Along the left column, click "Listen to the show."  A new screen will appear showing the dates of previous shows.  Then click the play button on the hour(s) you want to hear.
 
However, your computer must be Java "enabled," meaning the Java program must be downloaded onto your computer in order to access archived broadcasts. If your computer is not already Java enabled, click the message displayed for instructions on how to do so.
 
To hear "Animals Today" over the Internet at 2:00-4:00 PM Pacific Daylight Savings Time, turn on your computer and be sure the sound is at an acceptable level. Open your web browser (e.g., aol,Yahoo) and carefully type in the address bar  www.knewsradio.com, and then click to open that address. The Knews radio website will appear. On the top of the page, click "Listen Live." A new box will appear and the program will begin at the appropriate time.  (Listeners may be asked to register, but doing so is optional and registration is not necessary to hear the show.)
 
"Animals Today's" toll-free call-in telephone number while the program is being broadcast is: 1-888-589-6397.  (The station recommends calling from a land-based telephone rather than a cell phone.)
 
Through this E-Newsletter, ISAR will make available weekly broadcast schedules for "Animals Today."  To be kept informed, please add your contact information at http://www.isaronline.org/contact_us.html.  
 
ISAR has become a sponsor of "Animals Today" because we believe that a serious nationwide (indeed, international) program addressing important contemporary animal issues has become a moral imperative. 
 
We personally know the creators and hostess of this program, and we know their dedication to animals is profound. 
 
Thus, ISAR will do everything in our power to help "Animals Today" succeed, and we earnestly solicit the assistance of those of you who believe as we do. 
 
Please forward this important announcement to as many individuals and lists as you can, asking the recipients to do the same. 
 
ISAR has linked to the "Animals Today Radio" website (www.isaronline.org)  and we ask those who support the program to do the same.  (A word to potential sponsors: Please note that advertising rates for "Animals Today" are very reasonable, given that the program can be heard by anyone having access to a computer.  Interested parties should contact Peter Spiegel at (760) 285-4981 or producer@animalstodayradio.com.  
 
As a famous broadcaster said for many years, "See you on the radio."
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February 6th, 2009

Animals Today Radio Special Update

2/6/09 03:51 pm
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ISAR was first to announce that beginning on Sunday, February 8, 2009 our organization will be one of the sponsors of a new nationally-heard radio show entitled "Animals Today."
 
 
Hosted by Dr. Lori Kirshner, founder of Southern California's Desert Paws, "Animals Today" will entertain, enlighten, and even challenge listeners by addressing a variety of contemporary animal-related topics. Through Dr. Kirshner's commentaries, interviews with experts, and responses to phone-ins, listeners will be exposed to some of today's most interesting and important issues relating to animals, both domestic and wild.
 
 
 
 
 
 
Animals Today
Sunday February 8, 2009 
 
 
 
 
Scheduled Guests 2PM to 3PM PST
 
In the first hour, Dr. Lori Kirshner will be speaking with Professor Henry Mark Holzer, Professor Emeritus, Brooklyn Law School on the topic Mandatory Spay/Neuter Laws. Holzer is a Constitutional Law scholar in addition to being regarded as the first animal lawyer in the United States. He is also the Chairman of International Society for Animal Rights.
 
Scheduled Guests 3PM to 4PM PST
 
In the second hour, Dr. Kirshner will have Dr. Richard Dolbeer who is recently retired as the National coordinator for the U.S.D.A. Airport Wildlife Hazards Program. They will be discussing how the skies can be made safer for both planes and birds.
 
Animals Today Radio will also have on air their Animal Behavior Consultant, Dr. Peter Borchelt.
  
Listen Live!
In the Southern California desert area Knews Radio AM 970 1140 1250
Every Sunday 2PM to 4PM PST
On the internet go to www.knewsradio.com
 
Listen Later! 
Arrangements are being made so that after programs have been broadcast live, they can be heard on the "Animals Today" website, www.animalstodayradio.com. As soon as access information is available, we will provide it.
 
Through this E-Newsletter, ISAR will make available monthly schedules for "Animals Today." To be kept informed, please add your contact information at http://www.isaronline.org/contact_us.html.   
 
 
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Animals Today Radio

2/6/09 02:57 pm
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ISAR is pleased to announce that beginning on Sunday, February 8, 2009 our organization will be one of the sponsors of a new nationally-heard radio show entitled "Animals Today."  It will be broadcast on Knews Radio, from California's Coachella Valley, a station on which Dr. Laura and Sean Hannity, among others, can be heard.
 
Hosted by Dr. Lori Kirshner, founder of Southern California's Desert PAWS foundation, "Animals Today" will entertain, enlighten, and even challenge listeners by addressing a variety of contemporary animal-related topics.  Through Dr. Kirshner's commentaries, interviews with experts, and responses to phone-ins, listeners will be exposed to some of today's most interesting and important issues relating to animals, both domestic and wild.
 
"Animals Today's" inaugural program will be on Sunday, February 8, 2009 from 2:00 to 4:00 PM Pacific Daylight Savings Time. 
 
In the first segment (2:00 - 3:00 PM), Dr. Kirshner will interview Professor Henry Mark Holzer, long-time chairman of ISAR and founder of the animal rights law movement - a man who has been called by Joyce Tischler, President of the Animal Legal Defense Fund, the "first animal rights lawyer" (see  http://sjalp.stanford.edu/).
 
Dr. Kirshner and Professor Holzer, author of ISAR's monograph The Policy, Law and Morality of Mandatory Spay/Neuter, will be discussing one of today's most important issues, ameliorating the horrendous problem of companion animal overpopulation through mandatory spay/neuter.
 
Future programs will feature interviews with experts from such organizations as Animal Legal and Historical Web Center, Bighorn Institute, Coachella Valley Wild Bird Center, Animal Legal Defense Fund.  Dr. Kirshner's guests will include lawyers, behaviorists, teachers, ornithologists, veterinarians, rescuers, judges, writers, and many others.
 
Thanks to current technology, "Animals Today" can be heard throughout the world by anyone with access to a computer because the Southern California radio station on which the program appears will "stream" it.  Streaming means a radio broadcast can be heard on the Internet while simultaneously being broadcast over the airwaves.   
 
To hear "Animals Today" over the Internet at 2:00-4:00 PM Pacific Daylight Savings Time, turn on your computer and be sure the sound is at an acceptable level. Open your web browser (e.g., aol,Yahoo) and carefully type in the address bar  www.knewsradio.com, and then click to open that address. The Knews radio website will appear. On the top of the page, click "Listen Live." A new box will appear and the program will begin at the appropriate time.  (Listeners may be asked to register, but doing so is optional and registration is not necessary to hear the show.)
 
"Animals Today's" toll-free call-in telephone number while the program is being broadcast is: 1-888-589-6397.  (The station recommends calling from a land-based telephone rather than a cell phone.)
 
Arrangements are being made so that after programs have been broadcast live, they can be heard on the "Animals Today" website, www.animalstodayradio.com.  As soon as access information is available, we will provide it.
 
Through this E-Newsletter, ISAR will make available monthly broadcast schedules for "Animals Today."  To be kept informed, please add your contact information at http://www.isaronline.org/contact_us.html. 
 
ISAR has become a sponsor of "Animals Today" because we believe that a serious nationwide (indeed, international) program addressing important contemporary animal issues has become a moral imperative. 
 
We personally know the folks involved in this program, and we know their dedication to animals is profound. 
 
Thus, ISAR will do everything in our power to help "Animals Today" succeed, and we earnestly solicit the assistance of those of you who believe as we do. 
 
Please forward this important announcement to as many individuals and lists as you can, asking the recipients to do the same. 
 
ISAR has linked to the "Animals Today Radio" website (www.isaronline.org) and we ask those who support the program to do the same.  (A word to potential sponsors: Please note that advertising rates for "Animals Today" are very reasonable, given that the program can be heard by anyone having access to a computer.  Interested parties should contact Peter Spiegel at (760) 285-4981 or producer@animalstodayradio.com. 
 
As a famous broadcaster said for many years, "See you on the radio."
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February 2nd, 2009

Only ISAR "Gets It" About Mandatory Spay/Neuter

2/2/09 11:12 am
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Only ISAR "Gets It" About Mandatory Spay/Neuter

 
ISAR has recently prepared a lengthy monograph entitled The Policy, Law and Morality of Mandatory Spay/Neuter, the thrust of which is that because spay/neuter of companion animals is a moral necessity, “mandatory” spay/neuter laws must actually be mandatory.

The monograph’s author, Professor Henry Mark Holzer, Chairman of ISAR, has written that: “If the previous four chapters of this monograph teach us anything, they speak loudly that there is an intractable companion animal overpopulation problem, that the only current way to alleviate it is by spay/neuter, that sterilization procedures must be made mandatory, and that legislation seeking to acknowledge and treat the overpopulation problem must be draconian, comprehensive, and free from compromises that gut the statutes.”

The principal compromise in all allegedly “mandatory” spay/neuter statutes—except ISAR’s—is the exception given to breeders, which in every statute guts the proposals.

ISAR’s Model Mandatory Spay/Neuter statute virtually puts breeders out of business. Among the provisions which accomplish that goal, are those below:

Section 4. Breeding limitations

 

(i) Relinquish such animal to a shelter, humane society, rescue group, or similar organization for adoption only, or

(ii) Directly arrange for adoption, pursuant to the rules and regulations of the nearest shelter, humane society, rescue group, or similar organization; provided, however, that the breeder licensee shall under no circumstances transfer custody of a dog or cat to any individual or entity as to whom the breeder licensee knows, or should know, that the animal will be used for scientific experimental purposes.

(h) No breeding licensee shall release from its custody any dog or cat that has not been sterilized, except to provide temporary veterinary care.

(i) No breeding licensee shall possess in any calendar year more than ten unneutered male dogs, ten unneutered male cats, ten unspayed female dogs, and ten unspayed female cats, except for newborn litters which may be kept for no more than three months at which time the provisions of this statute will apply to them.

 

(a) A breeding licensee may use a male dog or cat only twice to inseminate a female, which must occur within a twelve month period. No further insemination is allowed thereafter.

(b) A breeding licensee may breed a female cat only twice, which must occur within a twelve month period. No further breeding is allowed thereafter.

(c) The offspring of breeder licensee’s dogs and cats may be retained by the breeding licensee, but they shall be subject to the same restrictions as their sires and dames, as shall be succeeding generations.

(d) The dogs and cats covered by this section regarding insemination and breeding shall be at least four months old, the dogs no older than eighteen months, and the cats no older than twelve months.

(e) Once- or twice-bred female dogs and cats shall be sterilized promptly after delivery of the female animals’ final litters.

(f) Male dogs and cats shall be sterilized promptly after they have twice inseminated females.

(g) Promptly after a male dog or cat has twice inseminated a female, and promptly after a female dog or cat has delivered her final litter, the breeder licensee shall either:


Compare these draconian, indeed visionary, provisions of ISAR’s real Model Mandatory Spay/Neuter Statute with HB 451, which has just been introduced in the Florida legislature:

828.35 Sterilization of dogs and cats. (1) The owner of every dog or cat in this state must provide sterilization of the animal by a veterinarian . . . within 30 days after the animal reaches 4 months of age or 30 days after the owner takes custody of the animal, whichever occurs later. This subsection does not apply to an animal exempt from sterilization under subsection (2).

On its face, this sterilization provision seems tough (but not as nearly tough as ISAR’s Model Mandatory Spay/Neuter Statute) but as usual the exemption loopholes emasculate the bill.

For example, under the bill puppy mills can continue to grind out their “product” and completely escape the so-called “mandatory” spay/neuter law simply by moving the animals out from the mills to distributors or retail outlets before they are four months old (as if anyone can tell with certainty how old a puppy is, anyhow). Indeed, the reference to “after the owner takes custody of the animal” impliedly recognizes that the animal had come from somewhere—that “somewhere” is necessarily a breeder (who, as noted, can easily escape the four-month-old rule), or a retail seller who obtained the animal from a breeder.

As if this implicit exemption to the proposed Florida “mandatory” sterilization law isn’t bad enough, the bill contains explicit breeder exemptions as well.

(b) The governing body of a county or municipality is authorized to enact ordinances that require the licensure of the following animals that shall be exempt from sterilization: 1. A show animal registered with an established breed registration organization approved by the Division of Animal Industry of the Department of Agriculture and Consumer Services. The department shall adopt rules under [Sections] 120.536(1) and 120.54 63 to administer this subparagraph. 2. A dog or cat that has earned, or is in the process of earning, a competitive sports or training title, including, but not limited to, agility, obedience, or herding. * * * 5. An animal for which the owner has a valid breeding permit issued in accordance with an ordinance of the county or municipality. * * *

In sum, no matter how well intentioned the proposed Florida legislation may be, it suffers from the same defects, both in principle and concretely, as do its counterparts now surfacing around the country. Yet, even that watered-down, deceptive legislation is being strongly opposed by breeders and their organizations.

For example, on January 22, 2009 the American Kennel Club alerted its supporters about the introduction of HB 451: “Legislation that seeks to prohibit persons from owning or maintaining an intact dog or cat older than four months old has been filed in the Florida House. If adopted, Florida House Bill 451 would have a profound negative impact not only on responsible dog breeders in Florida, but also on all current and prospective dog owners. It is vital that all breeders and concerned dog owners in Florida contact their elected state legislators and voice their strong opposition to this unreasonable and unenforceable measure.” (Emphasis in original.)

Lest there be any question about where AKC stands concerning mandatory spay/neuter, even the loophole-ridden, the organization makes itself very clear:

The American Kennel Club opposes the concept of breeding permits, breeding bans, or the mandatory spay/neuter of purebred dogs. Instead, we support reasonable and enforceable laws that protect the welfare and health of purebred dogs and do not restrict the rights of breeders and owners who take their responsibilities seriously. Additionally, we strongly support and actively promote a wide range of programs to educate the public about responsible breeding practices and the responsibilities of dog ownership.

Thus, those like ISAR who are serious about meaningful mandatory spay/neuter, rather than the cosmetic statutes that are worse than no laws at all, must work for introduction and adoption of our Model Mandatory Spay/Neuter Statute, or one much like it. Otherwise, either loophole-ridden statutes will be enacted allowing breeders, including their depraved numbers who operate puppy mills, to argue that adequate legislation exists and henceforth they should be left alone, or no true Mandatory Spay/Neuter Statutes will be enacted.

Either way, breeders win and animals lose.

That’s unacceptable to ISAR.

Breeders and their retail outlets must be shut down, and that’s what ISAR is working hard to accomplish.
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January 13th, 2009

Free Speech and Cruelty to Animals

1/13/09 08:24 am
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FREE SPEECH AND CRUELTY TO ANIMALS

 
It has been said that the enshrinement of free speech and press in the First Amendment gives those civil liberties a “preferred position” in the constitutional pantheon because they make possible all other rights of Americans.

Although the “preferred position” notion has never commanded a majority decision of the Supreme Court of the United States, still, First Amendment rights have long been considered of paramount importance even though several exceptions have been carved into them by the Supreme Court of the United States. For example, so-called “fighting words,” obscenity and defamation are unprotected. “Commercial speech,” is sometimes protected, sometimes unprotected.

Not often do constitutional rights of free speech or religion clash in the Supreme Court of the United States with those of animal rights. They did, however, in the case of Church of the Lukumi Babalu Aye, Inc. v. City of Hialeah, Florida, 508 U.S. 520 (1993). The case involved an ordinance of the City of Hialeah, Florida, which prohibited the Santeria cult from sacrificing animals as part of its barbaric “religious” ceremony. (Professor Henry Mark Holzer, ISAR’s chairman, in behalf of ISAR and eleven other animal protection organizations filed amicus curiae (friend-of-the-court) briefs in the Supreme Court in support of the City of Hialeah. For copies of both briefs, CLICK HERE.)

The Hialeah Court unanimously (9-0) ruled the ordinance unconstitutional, as an infringement of the Santerians freedom of religion.

Now, another case is headed for the Supreme Court which also raises First Amendment (speech) and animal rights (cruelty) issues.

A 1999 federal law made it a crime to “create, sell, or possess” depictions of illegal cruelty to animals, especially so-called “crush videos,” the nature of which I leave to the reader’s imagination.

It’s important to understand that the law did not criminalize the illegal cruelty itself, which was and is a crime under the laws of all fifty states. It criminalized, in essence, dissemination of the depictions of illegal cruelty. To the extent that dissemination of videos, DVDs, movies, books, magazines and other graphic materials are exercises of speech (and often press) rights, the federal felony statute seemingly created another exception to First Amendment protections.

A legal search of the home of a Virginia man, Robert J. Stevens, turned up three videos depicting illegal cruelty to animals which were introduced, narrated and commented on by him, together with accompanying printed material of which he was the author.

Stevens was indicted on three counts of violating the statute, convicted, and sentenced to 37 months in prison and three years of supervised release.

On appeal, the United States Court of Appeals for the Third Circuit (in a 10-3 vote) ruled the law to be an unconstitutional abridgment of Steven’s First Amendment right of free speech, and threw out his conviction.

The court majority’s decision turned on whether the First Amendment’s free speech guaranty was outweighed by the federal government’s interest in prohibiting dissemination of depictions of illegal animal cruelty. As the dissenting three judges wrote:

The majority today declares that that the Government can have no compelling interest in protecting animals from intentional and wanton acts of physical harm, and in doing so invalidates as unconstitutional a federal statute targeting the distribution and trafficking of depictions of these senseless acts of animal cruelty. Because we cannot agree, in light of the overwhelming body of law across the nation aimed at eradicating animal abuse, that the Government’s interest in ensuring the humane treatment of animals is anything less than of paramount importance, and because we conclude that the speech prohibited by [the statute] to be of such minimal redeeming social value that its restriction may be affected consistent with the First Amendment, we respectfully dissent.

Thus, what separated the majority and the dissent—what separated the statute’s unconstitutionality from its constitutionality—was application of the test employed by the Supreme Court of the United States when “fundamental rights” such as free speech are restricted by legislation: does the law serve a “compelling government interest and, if it does, is the law “narrowly tailored” to achieve the sought goal? If it does and is, the law will be upheld; if not, not.

United States v. Stevens is headed for the Supreme Court of the United States, the government having filed a Petition for Writ of Certiorari on December 15, 2008.

It is common knowledge that few cases seeking Supreme Court review obtain it. Less well known is that the government’s score card is between fifty and seventy percent, odds which substantially increase when a federal court of appeals has held a federal statute unconstitutional.

If the Court grants review, International Society for Animal Rights will seek permission to submit an amicus curiae (“Friend-of-the-Court”) brief. If permission to file ISAR’s brief is granted, it will be prepared by our chairman, Henry Mark Holzer, Professor Emeritus at Brooklyn Law School.

ISAR’s position will be that, accepting as law of the land the Court’s “compelling interest/narrowly tailored” test, the federal statute declared unconstitutional by the Third Circuit in the Stevens case satisfied those requirements.

While the Solicitor General representing the United States (and doubtless various amici curiae) will appropriately focus on the government interest in prohibiting the dissemination of depiction of cruelty to animals per se, ISAR’s brief will address the philosophic and moral premises for animal rights, making arguments which are at the foundation for the anti-cruelty laws’ very existence.

ISAR extends an invitation to other animal protection organizations to join our brief, per the following procedure:

When a draft of ISAR’s brief is ready, it will be posted on our website.

Organizations interested in joining the brief, at no cost to themselves, will be able to do so by downloading a pdf letter of agreement, having it executed by the proper party, and returning it to ISAR. (There will be no negotiation as to the brief’s contents.)

Any organization wishing to be kept abreast of developments in this case, and to be notified that the draft brief has been posted, can do so only by signing up to receive ISAR's E-Newsletter (please include the word "brief" in the comments box.)
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November 10th, 2008

Half a Loaf

11/10/08 09:13 am
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The animal rights/welfare movement here and abroad is awash in proposed legislation (see ISAR's Model Mandatory Spay/Neuter statute), much of which will never be enacted or, if enacted, never enforced.

So the question is whether it is cause for rejoicing when pro-animal legislation actually becomes law.

We have seen three examples in as many months.

The Swiss have enacted a sweeping animal protection law. It includes handling guidelines for cats, dogs, sheep, goats and horses. There is a six-hour time limit for the transportation of livestock. Piglets cannot be castrated without anaesthesia.

Massachusetts has banned greyhound racing throughout the Commonwealth.

A California ballot initiative has just been approved that seeks to provide more living space to animals raised for human food: "Certain farm animals [shall] be allowed, for the majority of every day, to fully extend their limbs or wings, lie down, stand up and turn around."

However, the Swiss law allows dairy farmers to keep their cattle tied up in stalls for 240 days of the year. Tie-stalls for horses are to be phased out over five years. Zoo animals, like rhinos, can be confined in small winter quarters. Wild animals in circuses are still permitted (though banned in neighboring Austria).

The Massachusetts greyhound ban does not become effective until 2010.

California's "living space" initiative gives farmers until 2015 to shift to more humane animal production systems.

Yet, for some in the animal rights/welfare movement these measures are not only not enough (and they aren't!), but the laws are to be disdained because they don't go far enough.

These folks believe that when laws like this are proposed they should be fought, because passage of these useful but wholly inadequate enactiments give opponents the ability to argue that "enough is enough"--that the movement clamored for these laws, they were enacted, and that's all the affected animals are entitled to, at least for years to come.

This absolutist position is defensible, making for a hard choice: wait for perfection, while countless animals continue to suffer, or take what can be had when possible, but continue fighting for perfection?

In other words, is half-a-loaf better than none?

Much better--particularly, if you're a veal calf spending your entire life in a crate.


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October 28th, 2008

(no subject)

10/28/08 02:19 pm
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ISAR’s International Homeless Animals’ Day™ 2008

 

ISAR's International Homeless Animals’ Day 2008 was commemorated for the seventeenth consecutive year on August 16th with Candlelight Vigil observances in 26 states and 9 foreign countries.

For the seventeenth consecutive year, ISAR has facilitated animal rights/welfare organizations in 26 states and 9 foreign countries in making their ISAR International Homeless Animals’ Day events a success.

In honor of ISAR’s International Homeless Animals’ Day 2008, ISAR once again held our Seventh Annual Online Candlelight Vigil. Visitors to our website, http://www.isaronline.org/, were invited to light a virtual candle in memory of the direct victims of the companion animal overpopulation tragedy. Spanning the globe, ISAR’s virtual vigil involved participants from countries including Canada, India, Iceland, Australia, Peru, Czech Republic, Slovakia and the United States.

Activities for this year’s ISAR International Homeless Animals’ Day included candlelight vigils, blessings of the animals, concerts, dog swims, bowling and dance fundraisers, adopt-a-thons, microchip clinics, dog walks, open houses, award ceremonies, and raffles. Other activities included information stalls, car wash fundraisers and “meet and greets” as well as speeches given by local council members, shelter personnel, veterinarians, and humane officers.

2008 Vigil Observances
ISAR encourages all vigil coordinators to contact us with feedback, photos, and video of their events. Through your comments and suggestions, our vigils will continue to grow. Due to space constraints, we’re not able to acknowledge the many observances held on August 16, 2008. Representative examples follow.

Setting the tone for the evening on August 16th, two guitarists strummed melodies while a soft glow from 25 candles, representing the victims of pet overpopulation in Rogers, AR, struck its own chord with participants during a candlelight vigil held by Murphy Dog Park. More than 70 people gathered to lend their support and promote spay/neuter to reduce needless killing of millions of healthy yet unwanted companion animals each year. Mayor Steve Womack, signed ISAR’s Proclamation declaring August 16, 2008 as International Homeless Animals’ Day.

Fifty-three people participated in a bowling tournament held by the Humane Society of Atchison in Kansas to raise awareness for International Homeless Animals’ Day. Following the tournament, more than 70 people attended a candlelight vigil ceremony which included a blessing of the animals, live music, poems and stories. The guest speaker, a city councilmember, during their ceremony presented ISAR’s Proclamation signed by the mayor of Atchison.
 

East Hartford Town Green on August 16th was the setting for The Queenie Foundation, Inc.’s second International Homeless Animals’ Day observance in Connecticut. Approximately 75 people attended a blessing of the animals and a meet ‘n greet comprised of 8 rescue/adoption groups, 6 advocacy organizations, and vendors that included a vegan restaurant. Enid Breakstone, Founder and Director of The Queenie Foundation, Inc. said, “The number of organizations tabling at our event always shows the public that homeless animals should be an issue addressed in their communities until it is no longer an issue. Also, having a vegan restaurant shows people that there are really tasty ways to eat without hurting animals.” Ms. Breakstone went on to offer advice for holding a successful vigil first by stressing the importance of teamwork and went on to say, “Invite every rescue/adoption and advocacy organization you can find in your area. The more the public sees that there are several groups in your area, the more it will see that the time for action is yesterday.”

 
Cats Angels, Inc. SPCA of Fernandina Beach, FL had considerable success this year during its month long commemoration of International Homeless Animals’ Day in August. Fernandina Beach Mayor Bruce Malcolm proclaimed the month of August as International Homeless Animals’ Month. During that time, Cats Angels, Inc. raised over $1300 for their spay/neuter program, performed more than120 spay/neuter surgeries, and succeeded in 70 adoptions that placed shelter animals into new loving homes. At least two dozen walkers armed with spay/neuter signs set out for Cats Angels’ 8th annual two mile walk on August 16th. It concluded with 40 people attending their candlelight vigil. ISAR’s spay/neuter billboard was once again posted this year on busy North Highway 17 promoting the Cats Angels’ vigil event. Beth Hackney, President of Cats Angels, Inc. SPCA, said, “I feel we reached more people this year with our message of the overpopulation problem and the responsible solution to get your animals spayed/neutered.”

SOS Chats of Noiraigue, Switzerland held an information stall in the market of Morges on August 16, 2008. More than 1000 people stopped by SOS Chats’ educational booth which was filled with literature focusing on cat overpopulation, feral cat hunting, and their latest battle against the cat fur trade. Special guest speakers at their event, included local politician Luc Barthassat, a television personality, and a local veterinarian. Miss Switzerland spoke on the importance of spay/neuter, proper animal care, and the horrors of the cat fur trade. Swiss veterinarians were prompted to donate one free spay/neuter surgery to their local shelter in an attempt to help reduce the pet overpopulation epidemic.

Close to a thousand people participated in Wet Nose Animal Rescue’s first official function on their new premises in Kungwini, South Africa by observing International Homeless Animals’ Day 2008. All money raised on this day funded their sterilization program to help combat pet overpopulation. Gold medals were awarded to participants who finished the walk for homeless animals.

Our Deepest Gratitude To Vigil Coordinators
Listed below are some of the countless organizations ISAR would like to thank for their efforts.

ISAR would like to specially thank Bryant Animal Control & Adoption Center, From the Heart Animal Behavior and Dog Training, Purrfect Cat Rescue, People Assisting Lodi Shelter (PALS), Lodi Animal Shelter, Colorado All Breed & Rescue Training, Delaware Humane Society, Concord Pet Food & Supplies, Humane Society of the Nature Coast, Superior Mutts Doggie Rescue, Inc., Susan Buser, SPCA of Central Florida, Orange County Animal Services, Gulf Coast Humane Society, Animal Guardians of Brevard, The Brevard County South Animal Care and Adoption Center (SACC), Livingston County Humane Society, Young at Heart Pet Rescue, Save-A-Pet Adoption Center, Orphans of the Storm, Knox County Humane Society, Partners for Animal Welfare Society (P.A.W.S.), Lawrence County Humane Society & Animal Shelter, Pulaski County Humane Society, The Animal Welfare Society, Friends For the Dearborn Animal Shelter, Minnesota Valley Humane Society, Noah’s Ark Animal Welfare Association, Best Friend Dog and Adoption, Inc., Anjellicle Cats Rescue, Greater Triad Shag Club, Rockingham County Animal Shelter, Cat Welfare Association, Ardmore Animal Care, The Pet Hospital - National Shelter Advisory Board, Lehigh County Humane Society, Hope – Hounds of Prison Education, Bradford County Humane Society, Defenders of Animals, Animal Defense League of Texas, Sevier County Animal Shelter, Holly Help Spay Neuter Fund, Believe in Bristol, Greenbrier Humane Society, Wisconsin Humane Society, Ozaukee Humane Society, Charleston/Kanawha Humane Association, Greenbrier Humane Society.

ISAR also truly appreciates the international participation of Anima – Etica para los Derechos Animales, Argentina, RSPCA’s Yagoona Shelter, Australia, Humane Animal Rescue Team (H.A.R.T.), Canada, Corporacion RAYA (Red de Ayuda a los Animales), Colombia, OȈKOS KAȈ BIOS, Refuge of Cats, France, Asociacion de Amigos de los Animales – AMA, Guatemala, Action for Singapore Dogs, Singapore, Musée du CHATS, Switzerland.

Special Thanks
ISAR is grateful for the support from U.S. Governors and Mayors who acknowledged the companion animal overpopulation crisis by signing ISAR’s Proclamation declaring August 16, 2008, as International Homeless Animals’ Day. ISAR would also like to take this opportunity to encourage those elected officials who have not participated in this year’s International Homeless Animals’ Day observance to please consider doing so for next year’s event. ISAR cannot stress enough the importance of having the support of all elected officials in combating pet overpopulation!

ISAR is also grateful to all participating media for helping us to promote International Homeless Animals’ Day this year. ISAR also sincerely appreciates every individual who utilized their local media to educate others on the importance of responsible pet care and the simple solution to the pet overpopulation crisis: spay/neuter. Media coverage included newspaper articles, radio and television interviews, and numerous online resources directing the public to International Homeless Animals’ Day observances in their area.

Organize a Vigil for 2009
As any past vigil coordinator can attest, beginning the planning process early proves indispensable in generating a bigger impact for a successful International Homeless Animals’ Day observance.

ISAR will be glad to welcome back all previous vigil coordinators as well as a host of new ones to participate in International Homeless Animals’ Day 2009. Together we will once again orchestrate a heightened awareness of the plague of pet overpopulation and on a global scale promote the importance of spay/neuter.

Individuals or organizations wishing to take part in ISAR’s International Homeless Animals’ Day 2009 observance on August 15th can receive a free vigil planning packet by submitting a request to ISAR by mail, phone, fax, or email. Our vigil packets include guidelines for organizing a successful vigil event with tips on site selection, suggestions for speakers and vigil events, reaching target audiences, poems, songs, sample press releases, and proclamations are but a few of the items included in our packet. To save on printing costs, vigil packets are only sent upon request.

Together, we will continue to be a voice for the animals and seek to put an end to their suffering.

Please continue to make our efforts possible.
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