Arkansas

Boyle Ventures, LLC v. City of Fayetteville

Summary: This case involved a constitutional challenge to a Fayetteville ordinance that would have prohibited pet stores from selling dogs and cats unless obtained from approved shelters or rescues. The plaintiff pet store operator argued the ordinance violated both the Arkansas Retail Pet Store Consumer Protection Act and Working Animal Protection Act, constituting an unconstitutional municipal law contrary to state law. The Arkansas Supreme Court held the case was moot since the ordinance was repealed before taking effect, but clarified in dicta that the city's authority to prevent animal cruelty under Ark. Code Ann. § 14-54-103 does not extend to passing ordinances that conflict with state laws protecting lawful animal enterprises. The court reversed the circuit court's finding that the ordinance violated state law and remanded with instructions to dismiss, while dismissing the direct appeal as moot. Chief Justice Baker concurred in the result but diverged from the mootness rationale, arguing the ordinance did not conflict with the Arkansas Retail Pet Store Act or Working Animal Protection Act under a proper statutory interpretation. She contended the circuit court erred in its statutory analysis, making Boyle’s ACRA claim fail as a matter of law without reaching immunity or damages. Justice Womack dissented, asserting the circuit court erred by not first addressing the jurisdictional issue of the City’s statutory immunity under Ark. Code Ann. § 21-9-301. Justice Womack criticized the majority for conflating statutory immunity with federal qualified immunity and urged remand for a factual determination on whether the City had liability insurance, which would nullify immunity. The dissent viewed the merits discussion as advisory absent this threshold ruling.

AR - Emergency - § 20-13-217. Gabo's Law--Police dogs--Injured on duty

Summary: This section shall be known and may be cited as “Gabo's Law." An emergency medical services personnel or an emergency medical services provider may transport a police dog injured in the course of a law enforcement or correctional agency's work to a veterinary hospital or clinic if there is not a person requiring immediate medical attention or transport at the time.

AR - Racing - Arkansas Greyhound Racing Law

Summary: This Act gives the Arkansas Racing Commission sole jurisdiction over the business and the sport of greyhound racing. Greyhound racing may only be conducted in the State of Arkansas by a franchise that is approved by the Arkansas Racing Commission. A franchise must be a corporation organized under the state of Arkansas. A franchise may not be a individual, partnerships, associations, or trusts. A franchise may not be granted by the Commission until it is authorized by a majority of the qualified electors within the county in which the franchise intends to operate. The voters will be able to choose whether to allow or reject the Racing Commission's grant to the franchise to conduct greyhound racing. Each county is only allowed to have one franchise conducting greyhound racing.

AR - Lien - § 18-48-212. Sale proceeds and payments

Summary: All sales of livestock at public auction shall be for cash. The proceeds of the sale, after payments underlying debts, if any, shall, if the owners are absent or unknown, be deposited with the treasurer of the county where the sale takes place. These net proceeds shall be paid to the persons entitled to them when they properly establish ownership in, or lien upon, the livestock, either by claim of title or by claim of valid lien.

AR - Facility Dog - § 16-43-1002. Certified facility dogs for child witnesses

Summary: This statute deals with the use of certified facility dogs for child witnesses and vulnerable witnesses (a person testifying in a criminal hearing or trial who has an intellectual and developmental disability or has a significant impairment in cognitive functioning acquired as a direct consequence of a brain injury or resulting from a progressively deteriorating neurological condition, including without limitation Alzheimer's disease or dementia). In order to qualify as a certified facility dog, a dog must graduate from an assistance dog organization after receiving at least 2 years of training and passing the same public service access test as a service dog.

Detailed Discussion of Arkansas Great Ape Laws

Summary: In Arkansas, gorillas, chimpanzees, bonobos, orangutans, and gibbons are protected because of their status as “endangered species” under state law. The Arkansas Game and Fish Commission (GFC) prohibits the importation, transportation, sale, purchase, and possession of endangered species unless the animals were legally acquired and are held under a permit.The following discussion begins with a general overview of the various state statutes and regulations affecting Great Apes. It then analyzes the applicability of those laws to the possession and use of apes for specific purposes, including their possession as pets, for scientific research, for commercial purposes, and in sanctuaries.