Washington

Glover v. Weber

Summary:

In this case, Sylvia Weber filed suit against Monika Glover for injuries sustained when Weber’s daughter fell off a horse owned by a third party and boarded on Glover’s land. The trial court granted summary judgment in favor of Weber. Glover appealed the trial court’s decision, arguing that she was immune from liability under the Equine Activities statute. The court of appeals reviewed the issue and reversed the trial courts decision and granted summary judgment in favor of Glover. The main issue of the case whether or not Glover fell under the definition of “equine activity sponsor” provided in the act. Weber argued that Glover was not an “equine activity sponsor” because she was not participating in a public or group-based equine activity or a professional equine activity. The court of appeals disagreed with Weber’s argument and determined that noting in the plain language of the statute requires the equine activity to be public or group-based or professional to be covered under the statute. For this reason, the court of appeals found that Glover was considered a “equine activity sponsor” under the act and was therefore immune from liability.

WA - Initiative - Initiative 1401, Trafficking of animal species threatened with extinction

Summary: Initiative 1401 would amend several sections of the Washington code (RCW 77.15.085, 77.15.100, and 77.15.425; reenacting and amending RCW 77.08.010). This measure would prohibit sale, purchase, trading, or distribution of elephant, rhinoceros, tiger, lion, leopard, cheetah, pangolin, marine turtle, shark, or ray species listed as endangered or vulnerable in the Convention on International Trade in Endangered Species or the International Union for Conservation of Nature’s red list, including items made from listed species. Violations would be a gross misdemeanor or class-C felony. It would exempt certain distributions, including musical instruments and transfers for educational purposes. The measure passed by 71% voting "yes" for the initiative.

Detailed Discussion of Washington Great Ape Laws

Summary: The following discussion begins with a general overview of the various Washington 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. The discussion concludes with a compilation of local ordinances which govern the possession and use of apes within geographic subdivisions of the state.

Morawek v. City of Bonney Lake

Summary: A woman filed a complaint with the Bonney Lake animal control authority after her neighbor’s dog killed her cat. The animal control officer served plaintiff with paperwork stating that his dog satisfied the definition of a dangerous dog under the Bonney Lake Municipal Code because the dog had killed a domestic animal without provocation while off his owner's property. Plaintiff appealed the designation to the police chief, the city hearing examiner, and the superior court; all of which affirmed the designation. The Washington Court of Appeals, however, held that the hearing examiner's finding that the owner's dog killed the neighbor's cat without provocation was not supported by substantial evidence, as required to uphold a dangerous dog designation, even though the “location” element of the dangerous dog designation was satisfied. The dangerous dog designation was therefore reversed.

State v. Moore

Summary: Duane Moore appealed his conviction and sentence for second degree assault, domestic violence, after choking his wife during an argument. He argued that (1) the prosecutor committed misconduct during voir dire and closing argument when he argued facts not in evidence, made improper statements about witness credibility, and shifted the burden of proof; (2) the trial court erred when it allowed a witness to testify with a service dog; and (3) the prosecutor improperly testified at the sentencing hearing. With regard to the testimony dog issue, the court found that defendant failed to raise the issue at trial and thus failed to preserve this issue for appeal. Further, defendant failed to prove that any alleged errors were manifest. There is no evidence in the record that the dog's presence made Ms. Moore appear traumatized or victimized, and thereby violated Mr. Moore's due process rights, or acted as a comment on the evidence. The court rejected defendant's argument and affirmed the trial court.

WA - Initiatives - Washington Initiative 713 (trapping)

Summary: This Washington initiative passed in 2000 made it a gross misdemeanor to capture an animal with a steel-jawed leghold trap, neck snare, or other body-gripping trap. The director of fish and wildlife could grant special circumstance exceptions. It is also unlawful to knowingly buy or sell an animal pelt trapped in this manner. It is also a gross misdemeanor to poison any animal using sodium fluoroacetate (Compound 1080) or sodium cyanide (violators lose trapping licenses).

WA - Initiatives - Initiative Measure No. 1130 (AN ACT Relating to the prevention of farm animal cruelty)

Summary: This measure would prohibit confining egg-laying hens, as defined, in stacked cages or cages that prevent hens from turning around freely, lying down, standing up, or fully extending their wings. It would also prohibit selling eggs produced by hens thus confined. Violations would be a gross misdemeanor. The measure would not apply to medical research, veterinary treatment, transportation, certain temporary confinements, exhibitions, or during humane slaughter. The measure would take effect on January 1, 2018. Due to changes in signature requirements announced by the Washington Secretary of State to avoid duplication or error, the initiative did not receive an adequate number of signatures to appear on the ballot.