NY SALDF Symposium

Andrea Rodricks

2015NYSymposiumJoin us for the 2015 SALDF New York Animal Law Symposium! The symposium is presented by the SALDF chapters of Pace Law School, CUNY School of Law, Columbia Law School, Yale Law School, Brooklyn Law School, and NYU School of Law, and is sponsored by the Animal Legal Defense Fund (ALDF). Register at http://www.brownpapertickets.com/event/1364349.

When: Saturday, April 18th, 2015 from 8:00 AM to 7:00 PM.

Where: Pace Law School
78 North Broadway
White Plains, NY 10603

Please join us for the first regional symposium of the New York area SALDF chapters. The symposium’s main topic is ag gag laws and factory farming, with a bonus “Hot Topics in New York” panel, which will include issues relating to carriage horses and captive exotics.

Featuring many ALDF speakers, including Director of Legislative Affairs Chris Green, Litigation Fellow Jeff Pierce, Of Counsel Justin Marceau, and Manager of Investigations T.J. Tumasse, Professor David Cassuto, and many more esteemed speakers from animal law related fields. For a complete list of speakers and the most up to date panel information, please visit our Facebook page at https://www.facebook.com/events/343435589190374/.

Two animal rescues: 33 happy homecomings & one heartbreaker

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Kathleen Stachowski   Other Nations

Anyone who works in the animal rights arena knows that a single day–nay, a single minute–can feature the most jubilant high and the utmost despairing low. One emotion follows on the heels of the other as news randomly enters your world: humans at their most compassionate and generous best–vigorously turning the wheels of justice for animals; humans at their most uncaring and depraved worst–deliberately evil monsters or indifferent agents of neglect, suffering, and death. How on earth to reconcile this?  Continue reading

Ringling Bros. Retires Circus Elephants

Seth Victor

As many of you may have already heard, Ringling Bros. is retiring elephants from its act and focusing on caring for elephants in a conservation center. Wayne Pacelles of HSUS described this move as a “Berlin Wall moment for animal protection,” and attributed the change to the evolving public opinion surrounding animal welfare, including the outcry that came on the heels of Blackfish and the treatment of orcas at Sea World. The termination of elephant performances has been long-sought by PETA.Photography-Elephant-Wallpapers

The media reaction, perhaps unsurprisingly, is a bit divided regarding Ringling Bros’s decision. An op-ed in the New York Post believes that the circus’s “craven capitulation to PETA will only embolden zealots to agitate for elimination of all circus animals — if not eventually to bestow upon all living creatures the same “inalienable rights” as humans,” and goes on to state that without exposure to animals via a circus, most people will not form a connection with the animals, and will thus not care to save them in the wild. The L.A. Times also notes that many people feel the elephants are an iconic part of the joy of the circus. Meanwhile op-eds in the New York Times range from echoing the Post to refuting the sentiments of the circus sympathizers. Continue reading

Eating Earth: an ethics-based guide for enviros & animal activists

UnknownKathleen Stachowski     Other Nations

They’re eating me out of house and home! Idioms, as you know, are shorthand codes for more complex ideas. As I read Lisa Kemmerer’s latest offering, “Eating Earth: Environmental Ethics & Dietary Choice,” I kept returning to that idiomatic gluttonous guest or the self-centered roommate who mindlessly consumes such a vast quantity of our household resources that we’re headed for ruin.

Now consider what happens when that gluttonous dweller is Homo sapiens and the “house and home” is our planet. That’s the premise in “Eating Earth,” a readable, thoroughly-referenced book “written both for environmentalists and animal activists, explor(ing) vital common ground between these two social justice movements–dietary choice” (from the book’s jacket).   Continue reading

District Court Upholds the Right to Sell Foie Gras

gaggle-of-geeseSeth Victor

The blawg previously commented on the ongoing issues surrounding California’s ban on the sale of foie gras, particularly the idea of giving away foie gras as a “complimentary side” when selling some other food. Last week Animal Legal Defense Fund filed another suit in the battle, arguing that La Toque restaurant was illegally selling foie gras in violation of California’s Health and Safety Code § 25982.

The suit, however, is somewhat of a moot point. On January 7th the California District Court overturned the Health and Safety Code banning the sale of foie gras, granting partial summary judgment to the plaintiffs, among whom is Hot’s Restaurant Group, the aforementioned makers of the complimentary foie gras side. The District Court summarize the issue as “whether a sales ban on products containing a constituent that was produced in a particular manner is an “ingredient requirement” under Poultry Products Inspection Act (PPIA).” The plaintiffs argued that the PPIA preempts the Health and Safety Code. Judge Stephen V. Wilson agreed, and has enjoined the California Attorney General from enforcing the law. In summary, PPIA is a federal law that regulates the sale and distribution of birds and expressly prohibits states from imposing certain conditions on food and ingredients. Judge Wilson held that the Health and Safety Code, which is a state law, was in conflict with the federal law, and that the federal law must be held above state regulations. The “production” of including fatty liver in the sales of food is, apparently, an ingredient, and therefore must be regulated, with regards to foie gras, at the federal level.

Health and Safety Code § 25981, which bans the practice of force feeding a bird for the purpose of fattening the liver, was not before the District Court, and remains in effect. Also, there are several other facets of the plaintiff’s argument that were not granted summary judgment, including a Commerce Clause attack. The Commerce Clause argument and the remaining section banning “production” still presents an important argument, although the restaurants’ main challenge has now been overcome; Californian restaurants largely import all of their foie gras, thus the production bar will have a much smaller impact.

Progress at the Cost of Our Humanity

Seth Victor

The New York Times this week published an investigation into U.S. Meat Animal Research Center, and, perhaps predictably, the results are disturbing. I heartily suggest reading the whole article, but for those in a rush, here are some of the interesting takeaway points:

  • U.S. Meat Animal Research Center is pioneering ways to produce meat more efficiently and cheaply via re-engineering farmed animals through surgery and breeding techniques
  • In pursuing this research, animal welfare has taken a backseat. For example, since 1985, 6,500 out of the 580,000 animals the center has housed have starved. 625 have died from mastitis, an easily treatable infection.
  • Nearly 10 million piglets have been crushed by their mothers each year, not because this is what mothers naturally do, but because they are being forced to have larger litters of weak piglets, and the mothers themselves are artificially larger, kept alive longer to reproduce.
  • For thirty-one years, the Center worked on genetically modifying cows to regularly produce twins, noting that single births were not an efficient way to produce meat. By injecting cows with embryos from other cows that birthed twins, and then injecting them with semen from bulls who sired twins, the Center produced cows that have a 55% chance of having twins, when naturally the chances are 3%. Many of the female calves of twins are born with deformed vaginas, and the artificially large wombs create birthing problems even for single calves. Over 16% of the twins died.
  • Thirty to forty cows die each year from exposure to bad weather, not including storms, in which several hundred more die.
  • 245 animals have died since 1985 due to treatable abscesses.
  • In 1990, the Center tried to create larger lambs by injecting pregnant ewes with an excessive amount of male hormone testosterone. Instead, the lambs were born with deformed genitals, which made urination difficult.
  • In 1989, the Center locked a young cow in place in a pen with six bulls for over an hour to determine the bulls’ libidos. The industry standard is to do this with one bull for fifteen minutes. By the time a vet was called, the cows hind legs were broken from being mounted, and she died within a few hours.
  • The scientists charged with administering the experiments, surgeries, and to euthanize do not have medical degrees. One retired scientist at the Center was quoted saying, “A vet has no business coming in and telling you how to do it. Surgery is an art you get through practice.”
  • “The leaner pigs that the center helped develop, for example, are so low in fat that one in five females cannot reproduce; center scientists have been operating on pigs’ ovaries and brains in an attempt to make the sows more fertile.”
  • Regarding oversight, “A Times examination of 850 experimental protocols since 1985 showed that the approvals [for experiments] were typically made by six or fewer staff members, often including the lead researchers for the experiment. The few questions asked dealt mostly with housekeeping matters like scheduling and the availability of animals.”
  • “The language in the protocols is revealing. While the words “profit” or “production efficiency” appear 111 times, “pain” comes up only twice.”

Continue reading

Pony rides: Service…or servitude?

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Photo: LA Progressive – click image

Kathleen Stachowski   Other Nations

ex-ploi-ta-tion (noun): the action or fact of treating someone unfairly in order to benefit from their work.

Animal exploitation comes in many shapes and sizes and often involves soul-crushing cruelty–think factory farming, circus slavery, vivisection.

But is exploitation always cruel? What constitutes cruelty, anyhow? And who defines it? If you’re the animal, these questions are meaningless: When you’re suffering–whether physically, emotionally, or both–you simply want it to stop. If you’re the animal rights activist, your definition of what’s exploitive and cruel is holistic and vastly broader than that of the person who “owns” animals–ponies, for example–and benefits financially from their work in the pony ride ring. Though they might be well cared-for, is their forced labor unfair? Is it cruel? Is it OK because they’re valued and loved? Just like the tethered ponies, this argument goes ’round and ’round.

Continue reading

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