http://nysbar.com/blogs/animalaw/ Sponsored by the Commitee on Animals and the Law of the New York State Bar Association The opinions expressed and statements made by the bloggers are those of the blogger alone and do not reflect the opinions of the NYSBA, its sections, committees, special committees or subcommittees or any employee or other member thereof. The NYSBA and all other entities mentioned above are not responsible for the accuracy of any information supplied by the bloggers, and the Committee on Animals and the Law retains the absolute right to edit or remove any blog entries that are deemed to be inappropriate. en Copyright 2013 Tue, 26 Mar 2013 14:57:34 -0500 http://www.sixapart.com/movabletype/ http://blogs.law.harvard.edu/tech/rss http://www.syracuse.com/news/index.ssf/2013/03/state_senators_pass_bill_to_to.html]]> http://nysbar.com/blogs/animalaw/2013/03/state_senators_pass_bill_to_to.html http://nysbar.com/blogs/animalaw/2013/03/state_senators_pass_bill_to_to.html Tue, 26 Mar 2013 14:57:34 -0500 http://www.texastribune.org/2013/02/01/after-court-ruling-continued-battle-over-cat-and-d/ What do you think?]]> http://nysbar.com/blogs/animalaw/2013/02/austin_court_allows_implementa.html http://nysbar.com/blogs/animalaw/2013/02/austin_court_allows_implementa.html Wed, 06 Feb 2013 10:51:24 -0500 http://www.animalconcerns.org/external.html?www=http%3A//www.westchester.com/news/westchesternews/government/17370-westchester-to-establish-registry-of-animal-abuse-offenders.html&itemid=201211200720320.783099 What is your opinion on animal abuse registries? Do you think it could advance animal welfare or is it going too far? ]]> http://nysbar.com/blogs/animalaw/2012/11/westchester_to_establish_regis.html http://nysbar.com/blogs/animalaw/2012/11/westchester_to_establish_regis.html Animal Cruelty Domestic Relations and Your Pets Domestic Violence/Restraining Order Thu, 29 Nov 2012 14:45:06 -0500 http://www.washingtonpost.com/lifestyle/worlds-1st-masters-of-laws-program-concentrates-on-animal-law-lures-animal-welfare-advocates/2012/10/23/6acef7b4-1cec-11e2-8817-41b9a7aaabc7_story.html What do you think about Breed Specific Legislation? Do you believe programs like this Master in Law could help with advancing animal welfare? ]]> http://nysbar.com/blogs/animalaw/2012/10/worlds_1st_masters_of_laws_pro.html http://nysbar.com/blogs/animalaw/2012/10/worlds_1st_masters_of_laws_pro.html Other Wed, 24 Oct 2012 11:46:52 -0500 http://www.nytimes.com/2012/10/12/nyregion/bronx-residents-without-a-nearby-animal-shelter-help-strays-on-their-own.html?nl=nyregion&emc=edit_ur_20121012&_r=1&]]> http://nysbar.com/blogs/animalaw/2012/10/with_no_animal_shelter_nearby.html http://nysbar.com/blogs/animalaw/2012/10/with_no_animal_shelter_nearby.html Shelter Issues Thu, 18 Oct 2012 13:38:42 -0500 http://www.contracostatimes.com/california/ci_21721517/l-hoping-save-shelter-dogs-and-cats-ban What do you think? Should such a ban be put in place in NY? ]]> http://nysbar.com/blogs/animalaw/2012/10/la_hoping_to_save_shelter_dogs.html http://nysbar.com/blogs/animalaw/2012/10/la_hoping_to_save_shelter_dogs.html Mon, 08 Oct 2012 14:49:44 -0500 http://capwiz.com/aspca/issues/alert/?alertid=61336366 What do you think? Would this Bill help Military Dogs in your opinion?]]> http://nysbar.com/blogs/animalaw/2012/06/status_of_military_dogs_being.html http://nysbar.com/blogs/animalaw/2012/06/status_of_military_dogs_being.html Fri, 01 Jun 2012 08:55:10 -0500 The Examiner reported on February 15, 2012, that on February 15, Assembly Bill A05449A will be introduced in the NY state Ag Committee. This bill would permit shelters to kill animals immediately if shelter staff determines that the animals are in "psychological pain". Yet, as the article explains, there is no definition of what constitutes psychological pain. Likewise, this bill would permit the same shelters to deny rescue groups' attempts to adopt animals. You may read this article at http://www.examiner.com/animal-advocacy-in-birmingham/proposed-new-york-law-may-endanger-local-companion-animals. We were informed thereafter that Assemblyman Lentol declined to report this bill to the full Assembly. Do you think this bill should have been able to have a chance to be voted upon by the entire Assembly? And, why or why not? Would you support this bill? And, why or why not? http://nysbar.com/blogs/animalaw/2012/02/bill_giving_shelters_too_much_.html http://nysbar.com/blogs/animalaw/2012/02/bill_giving_shelters_too_much_.html Shelter Issues Fri, 17 Feb 2012 13:04:38 -0500 http://www.nysba.org/AM/Template.cfm?Section=Endangered_Species_Day to become better informed about the important role the law plays in the protection of animal species in greatest need of our help.

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1. Huffington Post, http://www.huffingtonpost.com/leda-huta/senate-unanimously-declar_b_575853.html. 2. ESA Blawg, http://www.esablawg.com/esalaw/ESBlawg.nsf/d6plinks/budget_bill_delists_wolf. 3. A History of the Endangered Species Act of 1973, US Fish and Wildlife Services, (2008). 4. History of the United States Endangered Species Act, Florida Museum of Natural History Ichthyology Department, http://www.flmnh.ufl.edu/fish/education/ESA.htm. 5. Tennessee Valley Authority v. Hill, 437 U.S. 153 (1978). 6. Similarity or Difference as a Basis for Justice: Must Animals Be Like Humans to Be Legally Protected From Humans? Taimie L. Bryant, 70 Law & Contemporary Problems 207-254 (2007). 7. (Emphasis added), The Citizens' Guide to the Endangered Species Act, Earthjustice and the Endangered Species Coalition. ]]> http://nysbar.com/blogs/animalaw/2011/05/happy_endangered_species_day.html http://nysbar.com/blogs/animalaw/2011/05/happy_endangered_species_day.html Other Wed, 18 May 2011 21:45:15 -0500 http://www.avma.org/onlnews/javma/mar11/110301k.asp ]]> http://nysbar.com/blogs/animalaw/2011/03/ban_on_retail_sale_of_dogs_and.html http://nysbar.com/blogs/animalaw/2011/03/ban_on_retail_sale_of_dogs_and.html Puppy Mills Fri, 04 Mar 2011 13:09:49 -0500 http://nysbar.com/blogs/animalaw/2010/11/passage_of_prop_b_and_aftermat.html#comments For a list of the state regulations for commercial breeders and dealers see: http://www.avma.org/advocacy/state/issues/Breeder_Bills-Table.pdf Some animal rights activists fear New York may become the next "Puppy Mill State," as other states pass tougher laws on regulating animal breeding. http://www.wten.com/global/story.asp?s=14072570 What do you think? Should NY follow the "trend" and adopt more stringent laws for companion animal breeders? ]]> http://nysbar.com/blogs/animalaw/2011/03/ny_state_and_puppy_mills.html http://nysbar.com/blogs/animalaw/2011/03/ny_state_and_puppy_mills.html Puppy Mills Fri, 04 Mar 2011 12:33:36 -0500 On January 18, 2011, the New York City Council voted to adopt two bills relating directly to animals. Mayor Bloomberg is expected to sign both into law. http://council.nyc.gov/html/releases/01_18_10_prestated_animals.shtml The first, entitled the "anti-tethering" bill, provides very specific parameters, both on time and manner, that dogs may be tethered. The bill requires that a dog not be tethered for more than three consecutive hours in a twelve hour period, mandates the particular type of tether which may be used, the location in which the dog may be tethered (for instance in a place devoid of objects which may cause entanglement and in a manner which will keep the dog on the owner's property). Additionally, if someone does tether a dog, that person is required to provide the dog with food, water and shelter. Violations of this law would carry both civil and criminal penalties. First time violators will receive a warning or a $250 fine if the dog is injured. A repeat violator within one year will be chargeable with a class B misdemeanor. In addition, there are civil penalties of between $250 and $500. The second bill seeks to promote spaying and neutering of dogs by increasing the licensing fee on intact dogs from $11.50 to $34.00. The increased revenue will go into a fund for free or low cost spaying and neutering, public education campaigns and other veterinary services for New York City residents. What are your thoughts about these bills? The Anti-tethering Bill: Should a person face both a civil and criminal penalty for one violation of this statute? Are there any reasons that should a statutory exception to the tethering requirements? The Licensing Fee Bill: Do you think the increased cost of licensing an intact dog will actually promote spaying and neutering of dogs as it is intended to do? Or, is this just another tax on New Yorkers? Do you think it may have the unintended effect of resulting in fewer owners licensing their dogs? http://nysbar.com/blogs/animalaw/2011/01/new_york_city_council_passes_t.html http://nysbar.com/blogs/animalaw/2011/01/new_york_city_council_passes_t.html Wed, 19 Jan 2011 16:27:03 -0500 http://www.columbiamissourian.com/stories/2010/11/03/election-night-prop-b/ http://www.kansascity.com/2010/11/04/2396011/breeders-to-push-missouri-lawmakers.html To view the act in its entirety: http://www.sos.mo.gov/elections/2010petitions/2010-085.asp]]> http://nysbar.com/blogs/animalaw/2010/11/passage_of_prop_b_and_aftermat.html http://nysbar.com/blogs/animalaw/2010/11/passage_of_prop_b_and_aftermat.html Animal Cruelty Mon, 08 Nov 2010 19:28:42 -0500 Representative Diana Urban will re-introduce to Connecticut legislature a bill which seeks to require the state Department of Children and Families and the Department of Agriculture to cross-report animal cruelty and child abuse. Part of the rational for the bill, as Representative DebraLee Hovey stated, is that “[t]here’s clear research that there’s a link [between animal and child abuse].” Likewise, Urban also stated that “[t]his bill was formed to catch that link so that we might possibly step in before a child is abused or there is domestic violence in the home by recognizing if there is animal abuse in the home there is a red flag for future violent behavior there.” Here is a link to one article about this topic: http://www.ctpost.com/news/article/Bill-would-probe-link-between-animal-cruelty-688260.php Do you believe that this bill should pass? And, why or why not? Do you believe that New York should enact a similar bill? And, why or why not? http://nysbar.com/blogs/animalaw/2010/11/animal_abuse_registry.html http://nysbar.com/blogs/animalaw/2010/11/animal_abuse_registry.html Animal Cruelty Wed, 03 Nov 2010 21:17:24 -0500 New York State Assembly Member Micah Kellner, in a letter, asked the Mayor and Health Commissioner of New York City to repeal a new Animal Care & Control of New York City (ACC) volunteer policy. Link to the letter: http://www.scribd.com/doc/36757391/Letter-to-Mayor-Bloomberg-re-Animal-Care-Control According to the letter, the new policy threatens to expel volunteers for exercising their rights to free speech and to petition their government for redress of grievances. Specifically, the policy states that volunteers may not 'publicly criticiz[e]' or cast the agency 'in a negative light' without permission from ACC. It also prohibits them from '[p]osting [criticism] on any internet site such as Facebook, My Space, Craigs List, etc.' It further states that '[v]olunteers are prohibited from distributing their personal information, or opinions in regards [to ACC] volunteers, staff, animals, and/or policies to the public.' Those who do 'will be terminated.' Assembly Member Micah Kellner claims that this new policy violates 42 U.S.C Section 1983 which prohibits a state or municipal government to take action designed to prevent or intimidate people from exercising their First Amendment rights or punish them for doing so. New York City has claimed that ACC is an independent non-profit, but in Kellner's opinion, ACC operates as a de facto government agency. Therefore Section 1983 would apply. Do you think ACC has the right to stop its volunteers from voicing their opinions about that organization and its policies, staff and animals? For more info see: http://www.examiner.com/animal-shelters-in-san-francisco/nyc-mayor-asked-to-repeal-retaliatory-animal-control-policy http://nysbar.com/blogs/animalaw/2010/09/does_the_new_acc_policy_violat.html http://nysbar.com/blogs/animalaw/2010/09/does_the_new_acc_policy_violat.html Shelter Issues Wed, 08 Sep 2010 20:12:36 -0500