March 2008
U.S. Supreme Court upholds breed-specific legislation
WASHINGTON D.C.--The U.S. Supreme Court on February 19, 2008
upheld the constitutionality of breed-specific dog regulation by
refusing to hear an appeal of Toledo vs. Tellings, a challenge to
the Toledo ordinance limiting possession of pit bull terriers to one
per person, and requiring that pit bulls be muzzled when off their
home property.
The Ohio Supreme Court ruled in favor of Toledo in August
2007. The Ohio Supreme Court verdict followed other court decisions
upholding breed-specific legislation in Arkansas, Colorado,
Florida, Iowa, Kansas, Kentucky, New Mexico, Utah, Washington,
and Wisconsin.
The Ohio Supreme Court rejected plaintiff Paul Tellings'
claim that he was denied due legal process because Tellings was
notified about the requirements of the Toledo bylaw, and did receive
the chance to be heard when he contested the charges brought against
him for violating the bylaw.
The Ohio Supreme Court found that Toledo has legitimate
reason to try to protect humans from attacks by pit bulls, because
pit bulls, compared to other breeds, "cause a disproportionate
amount of danger to people."
The Arkansas Supreme Court upheld breed-specific legislation
on similar grounds in Holt vs. Mamuelle (1991). An entity called
Responsible Owners of Arkansas Dogs in December 2007 filed a case
against the pit bull ordinances in effect in the cities of
Jacksonville, Lonoke, North Little Rock and Beebe, citing claims
parallel to those of Tellings' attempt to overturn the Toledo
ordinance.
Pit bulls were banned in Aurora, Colorado in November 2005,
after the Colorado Supreme Court overturned an act of the state
legislature that prohibited cities from passing breed-specific
bylaws. The Colorado verdict reinstated a 20-year-old Denver
ordinance, after a 13-month suspension, and encouraged other cities
to emulate the Denver ordinance.
A summary of the results of the
Aurora pit bull ban, presented to the city council in January 2008,
found that alleged violations dropped from 238 in 2006 to 137 in
2007; impoundments of pit bulls fell from 758 to 269; and the
number of pit bulls killed by animal control fell from 635 to 173.
Chimp Haven ordered to return chimps to Primarily Primates
SAN ANTONIO--Bexar County Judge Michael Peden on February 15,
2008 ordered Chimp Haven, of Keithville, Lousiana, to return to
Primarily Primates seven chimpanzees who were transferred to Chimp
Haven in November 2006, while Primarily Primates was temporarily in
court-appointed receivership.
The chimps are the survivors of a colony of nine formerly
kept by Ohio State University researcher Sally Boysen, who were
retired by OSU to Primarily Primates in February 2006, with an
endowment for their housing and upkeep. Boysen and PETA opposed the
arrangement.
Two chimps died from pre-existing heart conditions soon after
arrival at Primarily Primates.
PETA subsequently funded an unsuccessful lawsuit that sought
to move the survivors to Chimp Haven, and forwarded allegations from
two former Primarily Primates employees--both fired for cause--to the
Texas Office of Attorney General, leading to the court-appointed
receivership.
The receivership temporarily blocked a merger of
Primarily Primates with Friends of Animals. The Texas Office of Attorney General dropped the case and
ended the receivership on May 1, 2007, allowing Friends of Animals
to assume the management of Primarily Primates.
A PETA appeal was
rejected in January 2008.
Pet food contamination
Hartz Mountain Inc. on February 11, 2008 named American SPCA
Poison Control Center director Steven R. Hansen "2007 Veterinarian of
the Year" for his response to the March 2007 international recall of
pet food that was contaminated with the coal byproduct melamine by
the Chinese makers of wheat glutens used as an ingredient. Adding
melamine produced a chemical reaction that caused tests to indicate
that the glutens contained more protein than they did--and killed
1,950 cats and 2,200 dogs, according to complaints reaching the U.S.
Food & Drug Administration.
The U.S. attorney's office in Kansas City on February 6,
2008 issued 52 felony indictments in the case against Xuzhou Anying
Biologic Technology Development Co., of Jiangsu Province, China,
and Suzhou Textiles, Silk, Light Industrial Products Arts & Crafts
I/E Co., of Suzhou, China, for introducing adulterated and
misbranded food into interstate commerce. ChemNutra Inc. of Las
Vegas and ChemNutra owners Sally Quing Miller and Stephen S. Miller
were hit with misdemeanor versions of the charges, plus a felony
count of conspiracy to commit wire fraud.
Judges overturn Bush sonar waiver
LOS ANGELES, HONOLULU--U.S. President George W. Bush on
January 15, 2008 exempted the U.S. Navy from a preliminary
injunction creating a 12-nautical-mile no-sonar off Southern
California, meant to protect marine mammals, but the Navy is not "exempted from compliance with the National Environmental Policy
Act," U.S. District Judge Florence-Marie Cooper ruled on February 4
in Los Angeles.
Three days later, on February 7, U.S. Magistrate Elizabeth
Laporte of San Francisco found that the Navy failed to take adequate
precautions to protect marine mammals before using low-frequency
sonar in submarine detection exercises. Laporte directed the Navy to
establish sonar-free zones around eight locations worldwide that
attract sound-sensitive species.
A three-judge panel of the 9th U.S. Circuit Court of Appeals
then ruled on February 29 in Los Angeles that the Navy must observe
Cooper's February 4 ruling.
People & projects
Prince Charles of Britain "has shown his
distaste for the cruelty involved in making foie
gras by banning it from his residences,"
reported Valerie Elliot of the London Times on
February 28, 2008. "He instructed chefs
several months ago that they were no longer to
buy or serve the pâté," wrote Elliot. "He has
also said that he will review the royal warrant
given to a shop near his Highgrove home which
sells it.
His views," surprising in view of
Prince Charles' lifelong participation in captive
bird shooting and fox hunting, "were disclosed
in a letter to Joyce Moss, an activist with
Vegetarian International Voice for Animals,"
Elliot said.
The Royal SPCA of Great Britain on
February 20, 2008 named as new chief executive
28-year RSPCA employee Mark Watts. Watts
succeeds Jackie Ballard, a former Member of
Parliament who servcd five years before leaving
in mid-2007 to head the Royal National Institute
for the Deaf. Ballard succeeded Peter Davies,
who became director general of the World Society
for the Protection of Animals.
Bob Barker, 84, who retired in 2007
after 50 years hosting TV game shows including
The Price Is Right, on February 6, 2008 donated
$1 million to his alma mater, Drury University,
to fund an animal ethics program. Barker has
also funded pro-animal programs at Harvard,
Columbia, Northwestern, Duke, Stanford,
Georgetown, and UCLA.
Mauled tiger rescuer gets a job offer
KOLKATA--The Compassionate Crusaders Trust has offered a job
to Ashutosh Dhali, 45, of Deulbari, West Bengal, who was severely
mauled on February 18, 2008 while checking to see if forest guards
had properly tranquilized a female tiger who had been treed by a
rock-throwing mob.
"Forest guards encircled the tree with a net," the Times of
India reported, "but the locals set the tree on fire," causing the
tiger to flee.
Said Dhali, "With my neighbours Lalit Naskar and Gobindo
Saradas, I gingerly approached the palm tree on which the tigress
had perched. She was not moving, so we thought the tranquilzer had
taken effect. We tied a rope around her legs and pulled her down.
The moment she touched the ground, she stood up with a
blood-curdling roar and leapt at us." After Dhali was injured, the
mob reportedly also stoned and injured five forest guards.
"Asutosh Dhali risked his life to save a tigress. Praising
him is not enough. We want to do something that will be meaningful
to him and his family," said Compassionate Crusaders Trust founder
Debasis Chakrabarty.
|