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/.

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

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

Carriage-Horses and the Soul of the New York City: Have we destroyed the charm?

Christine Murphy

For some, the vision of a horse-drawn carriage is romantic, with a charm that cannot be matched.

“Horses have walked the streets of New York since the seventeenth century—Broadway was actually carved by them—and for generations they’ve been cherished mascots of tradition, reminding us that for all the ways the city changes, it never completely burns away its layered soul of New Amsterdam hustle, Revolutionary-era imperiousness, and Gilded Age Image for second blog postgentility.”-New York Magazine

             But the reality is that once we stop and think about the horses used in this industry, it’s downright cruel. Should these animals have to endure intolerable conditions purely for our entertainment?

The New York City Administrative Code has regulations Continue reading

Compassionate Killers

Nicole Miraglia

The idea of going back to the basics for self-sufficient living is hardly new, but many people are choosing to do just wackikiwabbit_5598that for a variety of reasons and in various levels of commitment. In 2011, Facebook creator, Mark Zuckerberg, pledged to  eat only animals that he killed himself. Although his personal challenge lasted just one year, it sparked an interest of living off the land for many. The Eat What You Kill Movement has supporters from survival, nutritional, and ethical standpoints. Survivalists argue that self-sufficient living allows one to rely and live off of the land, completely independent from societal norms such as trips to the local supermarkets. Those following the trend for nutritional purposes, such as Mark Zuckerberg and Joe Rogan, are attempting to avoid antibiotics and hormones commonly found in store bought meats. Ethical supporters of the movement believe that they are being compassionate to the animals they are eating. Continue reading

When Can an Animal be Seized as Evidence?

horses in pasture

Seth Victor

A provocative case came out of the Oregon Supreme Court two weeks ago addressing a warrantless seizure of a horse that was used to convict the defendants of animal abuse. As Animal Legal Defense Fund (ALDF) reports, in the consolidated cases of State v. Fessenden and State v. Dicke, the court held that an officer was acting in accordance with the exceptions to the warrant requirements when he observed a starving horse on defendants’ property and took the horse to a veterinarian for emergency medical attention. The defendants were later charged with animal abuse, but they contended that the seizure of the horse was in violation of their right to privacy, and as it was a warrantless seizure, the evidence (the horse) had to be suppressed.

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