United States

Summary: The Plaintiffs, Residents of Los Angeles, brought a taxpayer action against the Defendants, the City of Los Angeles and the Los Angeles Zoo, alleging elephant abuse in violation of various Penal Code provisions. The Superior Court, Los Angeles County, granted the Defendants summary judgment. The Residents appealed. At trial, the Residents were awarded injunctive and declaratory relief. The Court of Appeals reversed. On remand, the trial court rejected many of the Resident’s claims, but issued limited injunctions prohibiting use of particular forms of discipline, requiring the elephants to have specific amounts of exercise time, and requiring the rototilling of soil in exhibit. Both parties appealed. The Court of Appeals affirmed. The Supreme Court of California granted review and reversed the Court of Appeals. The Supreme Court held that: (1) the prior Court of Appeals decision was not law of the case as to the argument that the Residents was precluded from obtaining injunctive relief for conduct that violated Penal Code, and (2) the Residents' challenge to the city's treatment of elephants improperly sought injunctive relief for Penal Code violations.

Summary: This California law effective January 1, 2017 states that there is no civil liability for property damage to a motor vehicle if the damage was caused by a person rescuing an animal under Section 597.7 of the Penal Code.

Summary: This Washington law states that it is illegal to transport any living animal on the running board, fenders, hood, or other outside part of any vehicle unless suitable harness, cage or enclosure is provided that protects the animal from being thrown.

Summary: This Rhode Island law makes it unlawful for any person to transport any animal, whether for business or pleasure, in an open air motor vehicle unless certain requirements are met: (1) the animal is kept in an enclosed area of the vehicle; (2) the animal is under physical control of a person; or (3) the animal is safely restrained and harnessed by means other than a neck restraint. Violation results in a fine of $50 to $100, with an increase of up to $200 for each subsequent offense.

Summary: This Oregon law states that a person commits a Class D traffic violation if he or she carries a dog upon the hood, fender, running board or other external part of any automobile or truck that is upon a highway unless the dog is protected by framework, carrier or other device sufficient to keep it from falling from the vehicle.

Summary: In Massachusetts, transporting an animal in the back of a motor vehicle on a public way unless such space is enclosed or has side and tail racks to a height of at least 46 inches extending vertically from the floor, the animal is cross tethered to the vehicle, the animal is protected by a secured container or cage or the animal is otherwise protected in a manner which will prevent the animal from being thrown or from falling or jumping from the vehicle results in a fine of not less than $50.

Summary: This Hawaii law states that no person shall hold in his or her lap or allow to be in the driver's immediate area any animal that interferes with the "driver's control over the driving mechanism of the vehicle."

Summary: This Article examines the pseudo-science used in the past, the science we have today, and how “pit bulls” are among the more popular breeds adopted from animal shelters safely living in communities nationwide, yet are targeted with specific legislation in many municipalities. Distinguished from criminal eyewitness identification cases, this Article looks at the breed-specific legislation issue in terms of the entire breed being convicted on eyewitness testimony, not on a case-by-case basis like we see in criminal cases. Because breed-specific legislation targets an entire population of family pets based on breed, this Article argues for a better examination of the reliability of breed identification and the science used to uphold the constitutionality of the legislation.

Summary: Two proposed state bills out of Oklahoma and Missouri would prohibit an “animal rights charitable organization” from soliciting contributions in-state intended for either out-of-state use or “political purposes.” It is worthwhile to examine the bills and the factual context out of which they arose because of the important constitutional rights that they implicate and the potential chilling effect of this sort of legislation on the ability of nonprofits to advocate for their causes. While today it is “animal rights” groups under attack—by way of the bills discussed herein and other legislation such as so-called “ag-gag” bills, which suffer from some of the same constitutional deficiencies—it is not difficult to imagine scenarios in which other nonprofit groups with a viewpoint unwelcome to a legislature, or to powerful private interests, could be similarly targeted.

Summary: In the animal rights and animal welfare movements, activists have likewise used FOIA and state open records laws for their own ends. This section first discusses the purpose and general structure of FOIA and state open records laws, and then looks at how animal rights and animal welfare activists have used these laws in pursuing their causes.