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REVISED animal summer dd

VIEWS: 18 PAGES: 16

									                             State Bar of Michigan

              Animal s lLaw
              Section New etter
                                                                                                                                        Summer 2005




                                                          How Pets Can Help Abused Children:
                                                                                        The Dynamics Between Animal Abuse,
                                                                                          Domestic Violence, and Child Abuse

                                                                                                      (This article is reprinted with permission from the
                                                                                                               American Prosecutors Research Institute.)
                                                          By Allie Phillips

         Table of Contents                                               I love my pets very much and I couldn’t live without them.
                                                                         When I’m sad they always make me glad that I have them.
Editor’s Note ....................................... 2                  My pets don’t put me down and they’re always by my side.
ABA Animal Law CommitteeProgram                                         They always love me. Why can’t some people return their love?
 at August ABA Convention .............. 2                                                They always return ours.
“Animal law nuzzling its way into                                                            -- William, Grade 41
  prominence” – Page 1 Article in
  Michigan Lawyers Weekly ............... 6                   Studies have shown a frightening connection between animal abuse and family vio-
Animal Abuse: A Calf’s Pain and                           lence in the home.2 In fact, one of the first studies to address the link between child abuse
  a Mother’s Anguish Result in Legal                      and animal abuse discovered that 83 percent of homes with abused or neglected children
 Precedents ...................................... 7
                                                          also had abused and neglected pets.3 Similar links exist between domestic violence and
Federal Legislative Update ................. 8            animal abuse.4 Many law enforcement and child protection professionals are now aware
Animal Care and Control Forum                             that children or adults who abuse animals were often abused themselves as children.
   Announced for October ................ 9               Research has also shown that people who abuse children often abuse companion animals5
Michigan Legislative Update ............ 10               in the home.6 This article will take a unique approach regarding the connection between
                                                          animal abuse and family violence by outlining: (1) the relationship between children and
ABA Animal Law Committee ............. 13
                                                          their companion animals and how abused children may protect and seek comfort from
Bob Barker Gift Endows Animal                             their companion animals during cycles of abuse; (2) how abusers in the home may use
  Rights Law Course at
  Northwestern University ............... 13
                                                          and fulfill threats against companion animals to seek compliance and silence from child
                                                          and adult victims of sexual and physical abuse; (3) how animal abuse in the home can be
Royalwood Cooperative Apartments                          explored in the forensic interview to learn if companion animals are used as targets against
 Civil Rights Cases - Update .......... 14
                                                          children or adults in the home; and (4) how animal-assisted therapy can facilitate a child’s
Michigan State University Student                         disclosure of their own abuse as well as help the child through subsequent therapy.
Animal Legal Defense Fund Update.. 14

University of Michigan Student                            From Abusing Animals to Abusing Children and Beyond
 Animal Legal Defense Fund Update 15                         Most people are surprised to learn that animal protection laws and animal protection
4th Annual Symposium Report
                                                          organizations existed before child protection laws. Dating back to 1874 in New York City,
   – “Trends in Animal Law” .............. 15             a young child named Mary Ellen was rescued from an abusive foster home environment
                                                          by the Society for Prevention of Cruelty to Animals. No other organization existed at that
Michigan Animal Law,
 Second Edition ............................. 16                                                                                   Continued on page 3
Animal Law Section Newsletter


Editor’s Note
    Welcome to the latest issue of the            Newsletter, and a report on a              Remember that we have the Animal
Animal Law Section’s Newsletter. This             second Royalwood case that in-         Legal Lifeline for section members to
issue is a little behind schedule for a           volves a similar issue. Both cases     provide information about possible
variety of reasons. We are still commit-          are on appeal.                         cases. We also have a section Listserv to
ted to publishing three issues this year.         My article on a precedent-set-         permit communication among mem-
    There will be no Chair’s Corner               ting cruelty case in Missouri.         bers. Information about these is on the
column by Jean Ligon in this issue.               The interviews for the article         final page of the newsletter.
Jean was in a severe car accident in late         were interesting and let me talk           I already have some articles and
June and is not able to complete her              to people on the front-lines of        ideas for the next issue. Ideas for
column. She is recovering and will have           cruelty prevention.                    articles – and offers to write them – are
a column in the next issue.                       Section member Bee Friedland-          greatly appreciated. Remember, the
    I have provided a mix of articles             er’s charts on pending legislation     articles can be of a wide range from
in this issue. In particular, there are           at the state and federal level.        the scholarly (“law journal quality”) to
articles of interest to prosecutors.              A number of shorter informa-           the discussion of one of your cases that
    Articles in this issue include:               tional articles regarding sympo-       may not even require footnotes. You
       Section member Allie Phillips’s            siums, publications, events in         can help!
       article on the relationship                animal law, etc.                           Feel free to communicate with me
       between animal abuse and child                                                    at donaldgarlit@yahoo.com or 734-981-
       abuse                                   Susan Oudsema of the State Bar            6311. I welcome all comments on the
       Section member Barbara Gold-         of Michigan has been a huge help in          Newsletter.
       man’s update on the Royalwood        improving the graphics of this and the           You should expect to see the next
       case that she reviewed in the last   prior issue. I hope that you like the for-   issue no later than October.
                                            mat and presentation of the Newsletter.
                                                                                                                    Donald Garlit


ABA Animal Law Committee Program at
August ABA Convention
    On August 6, 2005, during the           damages, with special attention to           on issues of equine insurance at the
ABA Convention in Chicago, Illinois,        veterinary malpractice cases. The insur-     program. Also, during the ABA Annual
the Animal Law Committee will spon-         ance panel will explore a wide range of      Meeting, Animal Law Committee
sor a program called: “It’s a Dog’s Life:   insurance issues, including homeown-         Chair Barbara Gislason will nomi-
What Does Tort and Insurance Law Have       ers’ and renters’ coverage, exclusions,      nate Fershtman to become one of the
to Say About It?” The Committee’s ma-       and reinsurance criteria, common             committee’s Vice-Chairs.
terials describe the event this way:        carrier insurance, and intentional act
                                                                                            Julie Fershtman provided this infor-
    “Utilizing a combination of out-        exclusions. We will specifically look at
                                                                                            mation along with the other note on
standing lecturers and expert panelists,    tort and insurance challenges, as well as
                                                                                            the ABA Animal Law Committee.
we will investigate and evaluate how        property law principles, in the context
tort litigation and insurance underwrit-    of equine law. Our keynote speaker
ing is changing, and provide practice       is the nationally recognized Temple
pointers, including declaratory judg-       Grandin, author of Animals in Transla-
ment strategies. The tort panel will        tion: Using the Mysteries of Autism to
examine animal injuries and injuries        Decode Animal Behavior.”
caused by animals in the context of             State Bar of Michigan Animal
strict liability and negligence, focus-     Law Section member Julie Fershtman
ing on economic and non-economic            will be one of the panelists presenting

2
                                                                                                                Summer 2005

How Pets ...
Continued from page 1



time to advocate for the well being of
children. As a result of Mary Ellen’s
case, child protection laws began to
develop and the first Society for the
Prevention of Cruelty to Children was
established.
    Due to the alarming connection be-
tween family violence and animal abuse,
law enforcement, domestic violence and
child protection professionals must be
aware of animal abuse occurring within
homes for several reasons: (1) Animal
abuse displays serious antisocial behavior
by the offender (whether child or adult);
(2) Animal abuse is a relatively common
occurrence in the lives of many children;
(3) Animal abuse witnessed by children                Gigi, a therapy dog from the Midland Children’s Advocacy Center in
has potential negative developmental                                   Midland, Texas with a young girl.
consequences for the child; (4) Animal
abuse is related to interpersonal and        ment and services for the entire family     household, the family pet is there to
family violence; (5) The well-being of       (including companion animals), all in       give unconditional love during the
companion animals is at risk in violent      an effort to end the cycle of family and     child’s time of need. A story written by
homes; and (6) If animal violence is         animal violence in the home.                a second grade student named Melissa
reduced, this could help achieve a less                                                  describes this relationship:
violent society for children and adults.7    The relationship between children             “My rabbit is quiet. I feed him and
    Recognizing these issues, many           and their companion animals                   give him water. He keeps me com-
states are now moving toward mandat-             The American Veterinary Medical           pany when I’m mad, sad or angry.
ing animal control officers to report          Association estimates that 70 percent         I tell my secrets to him. He listens
evidence of child abuse or domestic          of American homes with children               quietly. I don’t know what I would
violence when investigating animal           under the age of 6 have at least one          do without him.”10
abuse cases.8 Animal control officers are      companion animal (primarily a dog or
often in a position to observe a neglect-    cat). Seventy-eight percent of American     How offenders use companion
ful environment shared by humans and         homes with children over the age of 6       animals to seek compliance
companion animals. These same states         have at least one companion animal,         and silence from children and
are cross-training child protection          and 72 percent of companion animals         domestic partners
workers, domestic violence profession-       with children in the home have women
                                                                                             An abusive parent or member of
als and animal control officers to work        as their primary caretakers.9 Ask young     the household may exploit the loving
with each other to report both child         children who their best friend or           bond among child, domestic partner
and animal abuse discovered in the           favorite “sibling” is, and many will cite   and companion animal to threaten
home. Many states are now bringing           their pet. Companion animals often          them into silence regarding the abuse,
law enforcement officers, domestic             provide comfort, security and uncon-        or to force compliance by threaten-
violence and child protection profes-        ditional love to frightened and abused      ing to harm or kill the family pet. By
sionals, and animal control officers           children. When a child overhears            silencing the child or domestic partner,
together in a coordinated response           parents violently arguing, it is under-     the abuser also seeks compliance with
to help protect children, domestic           standable that a child may go to his/her    future occurrences of abuse. Some
partners, and companion animals              companion animal for comfort. After         women and children may even allow
from abuse in the home. Doing so will        a child has been physically, sexually or
help to marshal and coordinate treat-        emotionally abused by a member of the                         Continued on next page

                                                                                                                                  3
Animal Law Section Newsletter

How Pets ...                                coordinate with local humane society         in court.14 The Center currently has a
Continued from page 3                       no-kill shelters or animal welfare rescue    cat named Pookie that assists children
themselves to be victimized to save         groups to safely house the animals           during forensic interviews and therapy
their companion animal from being           removed from abusive homes at no cost        sessions. Catherine Dixon, the Director,
harmed or killed.                           until abused family members can find          has seen the direct positive effect that a
                                            safe housing.12                              loving pet can have on an abused child.
     Many women in abusive homes are
                                                Training police officers, animal           “We know that rapport building begins
hesitant to flee with their children to a
                                            control officers, domestic violence            the instant a child enters the building.
place of safety because of prior threats
                                            and child protection professionals to        When a frightened and bewildered child
made by the abuser toward compan-
                                            ask children or other family members         comes into our center and is greeted by
ion animals. If a companion animal
                                            whether companion animals have been          a big white cat, the effect is incredible.
is left behind in the home, abusers
                                            injured or killed in their presence,         Three steps into the door and the child
may use the pet as a pawn to force
                                            or whether the abuser has verbal-            changes visibly, smiling and crouching
their domestic partners or children to
                                            ized threats against pets, will enable       down to talk to Pookie. Everything just
return. When companion animals can
                                            these front-line professionals to take       goes better after that.”
be placed in a safe environment (at a
                                            appropriate action to safeguard the              The Boat Inventory on Animal-
no-kill humane shelter or a pet-friendly
                                            entire family, and provide necessary         Related Experiences may be helpful
family violence shelter), abused family
                                            counseling and services. Having a plan       in formulating appropriate questions
members are more likely to leave the
                                            of action for safe placement of abused       for the forensic interview.15 These
home. Police officers and other first
                                            domestic partners, children and family       questions provide an avenue to help
responders should ask abused domestic
                                            pets is essential to stopping the cycle of   children disclose animal abuse in the
partners if she/he will leave the home
                                            violence for the family.                     home, their own abuse, and whether
with the children if safe housing can be
provided for the companion animal(s).                                                    they have abused an animal. The
                                            The forensic interview process               Inventory explores whether the child’s
If provided the option of safe hous-
ing for companion animals, more                Depending on the age of the child         pet has been a source of comfort to the
abused domestic partners will leave        and severity of the abuse, some chil-         child, whether the child has felt afraid
the home with their children, thus         dren are withdrawn and hesitant to            or worried for their pet, and whether
preventing future abuse of the entire      disclose abuse to a stranger, such as a       the child has lost a pet as a form of
family. In order to accomplish this,       forensic interviewer or a law enforce-        punishment or to make the child
family violence shelters should consider   ment officer. In the rapport-building           do something. Forensic interviewers
providing on-site housing for family       stage of a forensic interview, finding av-     may wish to start a discussion regard-
pets so that families can leave abusive    enues to provide comfort and security to      ing companion animals by asking
situations and remain united during        the child is essential. By asking a child     the child: (1) Do you have a pet? (2)
difficult times.11 If on-site housing is     about a companion animal during the           Tell me about your pet. (3) Is your
not possible for companion animals,        Rapport phase, the forensic interviewer       pet happy? (4) Is your pet safe? These
then family violence shelters and lo-      may learn of the child’s bond to the          questions are simply provided as sug-
cal law enforcement agencies should        pet, or even of abuse, killing or threats     gestions since each forensic interviewer
                                                    of abuse toward the family pet.      must formulate questions to the devel-
                                                    This discussion may provide          opment and circumstances of the child.
                                                    comfort to the child and lead        Providing any person, particularly a
                                                    the child to disclosing his or her   child, the opportunity to talk about a
                                                    own abuse.13 In some situa-          companion animal often yields a great
                                                    tions, allowing the child to have    deal of personal information, in turn
                                                    the companion animal present         allowing the forensic interviewers and
                                                    during a forensic interview may      front line professionals to understand
                                                    also help the child to disclose.     the dynamics of abuse in the home and
                                                    The Mississippi Children’s           assist in stopping the cycle of violence.
                                                    Advocacy Center went one step
                                                    further by providing a trained       Animal-Assisted Therapy
 Abby, a therapy dog, and a staff member of the      therapy dog to sit in therapy            Many child advocacy centers under-
Midland Children’s Advocacy Center in Midland, sessions with children and sit            stand the therapeutic importance that
                     Texas.                         at their feet while they testify     pets can provide when helping children
4
                                                                                                                Summer 2005

who have suffered abuse or witnessed         reduce tension in the office.                 may greatly benefit from animal-as-
abuse. Beth Franklin, Founder and               Child advocacy centers and fo-          sisted therapy. Abused adults can also
Executive Director of Hand-in-Paw in        rensic interviewers should consider         benefit from the loving attention of a
Birmingham, Alabama, initiated a pro-       inviting a child’s companion animal         therapy pet. It is important to educate
gram called Pawsitive Living that works     to the forensic interview or therapy        all child abuse, animal abuse and fam-
with victims of abuse. The 12-week          session to help the child through the       ily violence professionals about ask-
program teaches anger management            interview process. The bond between         ing abused children and adults about
and compassion to children between          children and their pets can help child      companion animals in the home and
the ages 6 to 17. Dogs, cats and rabbits    abuse professionals reach a level of        possible abuse of those animals. Do-
are integral members of the program         rapport with children to help them          ing so will assist the professionals to
and approximately 60 percent of the         disclose and discuss their own abuse.       understand the dynamics of violence in
therapy pets are animals from shelters      If a child has lost that special bond       the home and gather evidence to aid in
or rescue situations. When children         with animals, animal-assisted therapy       the prosecution of the abuser and treat-
have been abused or have witnessed          may help the abused child regain            ment for the family.
abuse of a parent or beloved pet,           the feelings of empathy and compas-
they may begin to lose empathy and          sion. By restoring these feelings in        Notes
compassion for others. Programs such        the child, the cycle of violence may
                                                                                            Dr. Barbara Boat and Allie Phillips,
as Pawsitive Living help children regain    end. In creating an animal-assisted
                                                                                        J.D. presented on “The Connection be-
feelings of empathy and compassion          therapy program, consider adopting a
                                                                                        tween Child Abuse and Animal Abuse:
which, in turn, may end the cycle of        pet from your local animal shelter or
                                                                                        How to interview children to obtain
abuse for that child.                       animal rescue groups.16 These shelters
                                                                                        disclosure of multiple forms of abuse oc-
    The Midland Rape Crisis and             and groups always have an abundance
                                                                                        curring in the home” at APRI’s Beyond
Children’s Advocacy Center in Mid-          of well-behaved dogs, cats, rabbits and
                                                                                        Finding Words Conference in Charleston,
land, Texas, has a variety of “greeter      other animals that would be amenable
                                                                                        South Carolina from October 11-14,
dogs” to welcome children as they           to pet-therapy training, while also
                                                                                        2004. Please contact APRI’s National
come to the center for therapy or           providing the joy of saving the life of a
                                                                                        Center for Prosecution of Child Abuse
forensic interviews. Andra K. Cham-         loving homeless pet.
                                                                                        or National Child Protection Training
berlin, Program Director, has dogs of           Abused children who come to
                                                                                        Center for more information.
all sizes and breeds available to inter-    advocacy centers for forensic interviews
                                                                                            Allie Phillips is presently writing
act with the children. The therapists       or therapy are understandably nervous
                                                                                        an article for a book entitled Reason-
at the Center have started including        and uncomfortable. A happy dog with
                                                                                        able Efforts: Trial Strategies for Child
some of the dogs during individual          a waging tail or a purring kitty waiting
                                                                                        Protection Attorneys due to be published
therapy sessions with abused children       to greet abused children can only bring
                                                                                        in 2006. Her chapter will address the
and have noticed beneficial results the      a smile to that child’s face and help in
                                                                                        connection between animal abuse
pets play in helping the children, as       the healing process for the child.
                                                                                        and child abuse, why child protection
well as adults, talk about their own                                                    workers and attorneys need to under-
abuse. Therapy animals are also helpful     Conclusion                                  stand this connection in order to prop-
to the work performed by prosecutors            “Enhancing our awareness and            erly and effectively assist families in
offices. State Attorney Barry Krischer        knowledge about the relationship be-        crisis, and whether children witnessing
in Palm Beach County, Florida, has          tween violence to animals and violence      animal abuse in the home is sufficient
initiated the CATCH Program (Canine         to children provides a unique opportu-      grounds for CPS intervention. She has
Therapy for Children) to provide a          nity to enhance our services to both.”17    written several other articles related to
comfortable environment for children        Children who have been victimized by        this topic in recent years and given pre-
while visiting the office. Morgan, a          physical, sexual or emotional abuse,        sentations related to the topic on behalf
Labrador Retriever, is a trained therapy    or who have witnessed abuse toward          on the American Prosecutors Research
dog who visits the office three times         their parent or pet, and who have dif-      Institute across the United States.
per week, as well as visiting domestic      ficulty with disclosure in the forensic          She is a member of the Animal Law
abuse shelters. Morgan also provides        interview process may find comfort in        Section of the State Bar of Michigan.
an unintended benefit to the staff at         discussing the ir companion animals
the States Attorney Office by helping                                                         Allie Phillips is a Senior Attorney
                                            or having their pet present for the             with the American Prosecutors
to reduce stress for the employees. Her     interview or therapy session. Children
friendly wagging tail greets the staff af-                                                   Research Institute in Alexandria,
                                            who have witnessed abuse and have lost
ter a stressful day on the job and helps    touch with empathy and compassion                             Continued on next page

                                                                                                                                  5
Animal Law Section Newsletter

How Pets ...                                           Purdue University Press, 1999, p. 83-108).       13 This technique called “moving in and away”
Continued from page 5                               7  Flynn, C.P.: “Why family professionals can          acknowledges that children can often talk
                                                       no longer ignore violence toward animals.”          about outside issues (what has happened to
    VA working with the National                       Family Relations, Vol. 49, No. 1, (2000),           someone else) before they can talk about
    Center for Prosecution of Child                    pp. 87-95.                                          what happened to themselves.
    Abuse and the National Child                    8 California currently mandates that animal         14 Vachss, a German shepherd, was honored
                                                       control officers report suspected child               with the Hero of the Year Award in 1994
    Protection Training Center. The
                                                       abuse; Colorado mandates that veterinar-            for his work with the Mississippi Children’s
    author wishes to thank Caitlin                     ians report suspected child abuse; Maine            Advocacy Center in Jackson, Mississippi.
    Parkinson and Reeta Prakash,                       and Ohio require agents of humane society        15 Formulated by Barbara W. Boat, Ph.D., The
    NCPTC interns, for their research                  shelters to report child abuse; and the fol-        Childhood Trust, Department of Psychiatry
    and assistance on this article.                    lowing states require that all persons (which       at University of Cincinnati. For a full ver-
                                                       would include animal control officers,                sion of the Inventory, please contact APRI.
                                                       humane society agents, and veterinarians)        16 To locate shelters and animal welfare orga-
Endnotes                                               report child abuse: Delaware, Florida,              nizations in your area that have homeless
1   Raphael, Pamela, Colman, Libby & Loar,
                                                       Idaho, Indiana, Kentucky, Maryland,                 animals available for adoption, please go
    Lynn: Teaching Compassion: A Guide for
                                                       Mississippi, Nebraska, NewHampshire,                to www.petfinder.org. Many shelters and
    Humane Educators, Teachers and Parents.
                                                       New Jersey, New Mexico, North Carolina,             animal welfare organizations can provide
    (The Latham Foundation for the Promo-
                                                       Oklahoma, Rhode Island, Tennessee, Texas,           temperament testing or information on
    tion of Humane Education, 1999, p. 6).
                                                       Utah, Wyoming.                                      selecting an animal for adoption that would
2   Arkow, Phil: Breaking the Cycles of Violence:
                                                    9 Arkow, Phil: Breaking the Cycles of Violence:        be an appropriate for therapy pet training.
    A Guide to Multi-Disciplinary Interventions.
                                                       A Guide to Multi-Disciplinary Inventions.        17 Boat, Barbara W.: “Abuse of Child and
    (The Latham Foundation for the Promo-
                                                       (The Latham Foundation for the Promo-               Abuse of Animals: Using the Links to
    tion of Humane Education, 2003, p. 8-9).
                                                       tion of Humane Education, 2003, p. 7-8).            Inform Child Assessment and Protection.”
3   Boat, B.W.: “Links Among Animal Abuse,
                                                    10 Raphael, Pamela, Colman, Libby & Loar,              In, Ascione, F.R. & Arkow, P., eds.: Child
    Child Abuse and Domestic Violence.”
                                                       Lynn: Teaching Compassion: A Guide for              Abuse, Domestic Violence, and Animal Abuse,
    Social Work and the Law. (Haworth Press
                                                       Humane Educators, Teachers and Parents.             Linking the Circles of Compassion for Preven-
    ,2002, p. 35); Ascione, Frank R., Ph.D.,
                                                       (The Latham Foundation for the Promo-               tion and Intervention. (West Lafayette, IN:
    Weber, Claudia V., M.S., and Wood, David
                                                       tion of Humane Education, 1999, p. 9).              Purdue University Press, 1999, p. 92).
    S.: “The Abuse of Animals and Domestic
                                                    11 The Shelter for Abused Women and Chil-
    Violence: A National Survey of Shelters for
                                                       dren in Naples, Florida, opened its new
    Women Who are Battered.: Society & Ani-
                                                       family violence shelter in November 2002
    mals, Vol. 5, No. 3 (1997), pp. 205-218. In
                                                       which now includes an on-site shelter for
                                                                                                          “Animal law nuzzling
    this study involving 48 shelter programs,
    family violence shelter workers reported
                                                       family pets. The women and children who            its way into promi-
                                                       reside at the shelter take care of their pets
    that 85.4% of women entering the shelter
    disclosed animal abuse occurring in the
                                                       and veterinarians donate their services for        nence” – Page 1 Ar-
                                                       free to help the pets with medical services.
    home, and 63% of children also spoke of
                                                    12 Some family violence shelters are now al-
                                                                                                          ticle in Michigan Law-
    animal abuse in the home. Yet only 13 of
    those 48 shelters specifically ask questions
                                                       lowing women and their children to bring
                                                       their companion animals to the shelter.
                                                                                                          yers Weekly
    about family pets during the intake process.
                                                       Others contract with local humane shelters
    (Ascione, Weber & Wood, 1997)                                                                             Michigan Lawyers Weekly had
                                                       to house the pets until the family can be
4   In a 2001 study conducted by the Humane
    Society of the United States involving
                                                       safely reunited. For example, in 1999, Pet-        a Page 1 article about animal law in
                                                       Safe, a safe shelter program was created in        the May 23, 2005 issue. The article
    1,677 intentional cruelty cases against
                                                       Maryland for animals coming out of abu-
    animals, it was discovered that 89% of                                                                had a discussion about animal law
                                                       sive homes while other family members are
    those cases also involved males perpetrat-
                                                       placed in family violence shelters. Hearts         and reports regarding several recent
    ing domestic violence, 67% of those cases                                                             important cases. Section members
                                                       United for Animals, a no-kill shelter, sanc-
    involved co-existing child abuse, and 50%
    of the cases involved co-existing elder
                                                       tuary and animal welfare organization in           and other attorneys were interviewed
                                                       Auburn, NE, helps animals that have been           for the article.
    abuse. See, Arkow, Phil: Breaking the Cycles
                                                       removed from abusive homes. Many similar
    of Violence: A Guide to Multi-Disciplinary
                                                       organizations are beginning to help house
                                                                                                              We would like to thank Pub-
    Interventions. (The Latham Foundation
                                                       animals from abusive homes until they can          lisher/Editor-in-Chief Lynn Ingram,
    for the Promotion of Humane Education,                                                                Esq., Reporter Todd Berg, Esq.,
                                                       be reunited with their family members.
    2003, p. 17).
5   The terms “companion animal” and “pet”
                                                       Moreover, shelters in Lansing, Michigan,           and Reporter Denise Callahan for
                                                       and Cincinnati, Ohio, provide questions            the coverage of animal law. Lynn
    will be used interchangeably throughout
                                                       on their intake forms regarding family pets
    this article.
                                                       so that women and their children can leave
                                                                                                          and Todd attended the Animal Law
6   Boat, Barbara W.: “Abuse of Child and                                                                 Section Symposium in March and
                                                       an abusive home and take the family pet(s)
    Abuse of Animals: Using the Links to                                                                  discussed the idea of an article with
                                                       with them into safety. Still, only 6 of the 48
    Inform Child Assessment and Protection.”
    In, Ascione, F.R. & Arkow, P., eds.: Child
                                                       shelters surveyed (see endnote 4) collabo-         section members at that time.
                                                       rated with animal shelters or veterinarians            Be sure to read the article. We
    Abuse, Domestic Violence, and Animal Abuse,
                                                       to provide housing to animals. (Ascione,
    Linking the Circles of Compassion for Preven-
                                                       Weber & Wood, 1997)
                                                                                                          may reprint it in a future newsletter.
    tion and Intervention. (West Lafayette, IN:
6
                                                                                                                  Summer 2005


Animal Abuse: A Calf’s Pain and a Mother’s
Anguish Result in Legal Precedents
By Donald Garlit


    This is a story about a felony charge
for cruelty to livestock, with an unusual
twist. Although it happened in Missouri
in 2002, it is precedent setting and can
be instructive. Read on.
    Animal abuse is never a pleasant
story. The following report does not
have a “happy” ending for the animals
involved although one was rescued. It
does, however, show that innovative
investigation and prosecution can result
in new legal approaches and appropri-
ate penalties. The case did not get much
coverage in the animal-related law press
at the time. This article will try to rectify
this omission. Some of the sadder details
are removed so we can concentrate on
the legal aspects of the case.                  community were rafting along the Elk       was euthanized about three days later.
                                                River near Noel during the Memo-              Throughout this abuse, his mother
The Location: McDonald County,                  rial Day weekend of 2002 along with        cow tried to intervene and stop the
Missouri                                        others in their party. They were Brent     harm to her calf. It was to no avail as
    The story begins in McDonald                Colville, 27, of Pineville; Rick Roark,    she was driven away by the young men
County, Missouri. McDonald County               27, of Anderson in McDonald County;        when she tried to help. Note that they
is the most southwestern (or lower left         and Jeff East, 22, of Garfield, Arkansas.    never physically touched her or hit her
“corner”) county in Missouri border-            They decided to stop on private prop-      with thrown objects. They apparently
ing on Arkansas and Oklahoma. It has            erty which belonged to a local cattle      waved arms and ran at her to get her to
a population of about 22,000 people             farmer, Bob Parish. Mr. Parish had a       go away.
(per the 2000 census) spread out over           farm of about 400 acres with about
                                                                                              After inflicting the injuries, the
540 square miles – about 40 people per          200 cattle. Their plan was to chase
                                                                                           young men continued to float down
square mile. By comparison, Detroit             cattle and do some “bull-dogging.”
                                                                                           the Elk River.
has 40 times the population in about            This is a rodeo event where the cowboy
20% of the area – about 9,000 people            jumps from his horse and wrestles the
                                                                                           The Mother: Never the Same
per square mile. The county is rural            steer to the ground.
                                                    While chasing the cattle, they             After the abuse to her calf, she was
with much farming. The county has
                                                came upon a young bull-calf. Rick          never the same. She was described
had a mini-economic boom in recent
                                                Roark admitted later that they had         as going “crazy.” She had once been
years as Arkansas-based businesses have
                                                been drinking and he described their       friendly to the Parish family and con-
moved some of their operations into
                                                condition as “drunk.”                      sidered somewhat of a “pet.” Later no
the area. Pineville is the county seat
                                                    Only the three named young men         one could control her and she would
with a population of about 800. Noel
                                                participated in the animal abuse that      even charge a pick-up truck if it came
is the largest city with a population of
                                                followed. The others in the party were     into her pasture. It is believed that
about 1,500 people.
                                                not involved. The calf was only three      this pronounced change could only be
                                                weeks old and still with his mother. The   explained by her witnessing the abuse
Animal Abuse: Drinking Gets Out
                                                three men proceeded to drag the calf       to her calf.
of Hand
   Three young men from the local               around and caused serious injury to
                                                him. The injuries were so bad that he                         Continued on page 11

                                                                                                                                      7
Animal Law Section Newsletter


Federal Legislative Update
Adapted from the Library of Congress Internet Legislative Information Website, http://thomas.loc.gov
                                                     Current as of 6/04/2005
                  Editor’s Note: American Horse Slaughter Prevention Act, H.R. 503 updated as of 6/09/2005


              Title,                 Purpose                      Sponsor, Date Introduced,                     Status (most recent action)
             Bill No.                                           # Cosponsors, MI Cosponsors
    Captive Primate        To amend the Lacey Act               Rep Johnson [TX] 3/16/2005                      3/23/2005: Referred to House
    Safety Act             Amendments of 1981 to treat          Cosponsors: 24 including Rep Kildee -           subcommittee on Fisheries and
                           nonhuman primates as                 4/26/2005                                       Oceans; Executive Comment
    H.R. 1329              prohibited wildlife species under                                                    Requested from Interior Dept
                           that Act

    Canadian Seal Hunt     Urging the Government of             Sen Levin [MI]                                  2/1/2005: Referred to Committee on
    Resolution             Canada to end the commercial         2/1/2005                                        Foreign Relations
                           seal hunt                            Cosponsors: 22 including Sen Stabenow,
    S.Res. 33                                                   3/1/2005                                        Animal Law Section Council took
                                                                                                                position in SUPPORT
    Animal Fighting        Transport of animals for             Sen Ensign [NV];                                4/29/2005:
    Prohibition            fighting—currently 1 year            Rep Greem [WI] 2/15/2005                        Passed/agreed to in Senate: Passed
    Enforcement Act        misdemeanor—would become 2           Cosponsors: 41 [Senate] including Sen Levin -   Senate w/o amendment by
                           year felony and criminalize the      4/6/2005; 117 [House] including Reps            Unanimous Consent; sent to House
    S. 382                 interstate shipment of               Conyers – 2/15/2005 and Kildee - 4/14/2005      (5/2/2005)
    H.R. 817               cockfighting paraphernalia

                                                                                                                 5/10/2005:
                                                                                                                 Referred to the Subcommittee [of
                                                                                                                 Judiciary Committee] on Crime,
                                                                                                                 Terrorism, and Homeland Security.
    Wild Horses and        Restores prohibition on              Reps Rahall [WV], Whitfield [KY]                2/7/2005: Referred to House
    Burros                 commercial sale and slaughter of     1/25/2005                                       Subcommittee on Forests and Forest
                           wild free-roaming horses and         Cosponsors: 62 including Rep Kildee -           Health
    H.R. 297               burros                               2/9/2005                                        NOTE: 5/19/2005: Passed as
                                                                                                                H.Amdt. 184 to Interior
                                                                                                                Appropriations bill [H.R.2361] offered
                                                                                                                by Rep Rahall: None of the funds made
                                                                                                                available by this Act may be used for the
                                                                                                                sale or slaughter of wild free-roaming
                                                                                                                horses and burros (as defined in Public
                                                                                                                Law 92-195)

                                                                                                                3/9/2005: referred to Senate
                                                                                                                Committee on Energy and Natural
                                                                                                                Resources




                                                                Sen Byrd [WV] 3/9/2005
    S. 576                                                      Cosponsors: 4 including
                                                                Sen Levin - 4/26/2005


    American Horse         Amends Horse Protection Act          Rep Sweeney [NY] 2/1/2005                       2/1/05: Referred to Committee on
    Slaughter Prevention   to prohibit shipping, transport,     Cosponsors: 96 including Reps Kildee            Energy and Commerce
    Act                    sale, donation, etc., of horses to   2/9/2005; and Levin - 2/17/2005                 NOTE: 6/08/2005 Passed as
                           be slaughtered for human                                                             H.Amdt. 236 to Agricultural
    H.R. 503               consumption                                                                          Appropriations bill [H.R. 2744] offered
                                                                                                                by Rep Sweeney: Prohibits use of funds
                                                                                                                for USDA inspection of horse slaughter
                                                                                                                plants or approval to export horses, for
                                                                                                                human consumption outside US

8
                                                                                                                            Summer 2005

       Title,                    Purpose                       Sponsor, Date Introduced,              Status (most recent action)
      Bill No.                                               # Cosponsors, MI Cosponsors
 Sportsmanship in        Amends Federal criminal code        Sen Lautenberg [NJ]                        2/7/2005: Referred to Senate
 Hunting Act             to prohibit knowingly               2/7/2005                                   Committee on the Judiciary
                         transferring, transporting, or      Cosponsors: 16 including Sen Levin
 S. 304                  possessing a confined exotic        2/7/2005
                         animal for purposes of allowing                                                4/19/2005: Referred to House
                         the killing or injuring of that     Rep Farr [CA] 4/19/2005                    Committee on the Judiciary
 H.R.1688                animal for entertainment or the     Cosponsors: 29, none from MI
                         collection of a trophy

 Computer-Assisted       Prohibits computer-assisted         Rep Davis [VA] 4/12/2005                   5/10/2005: Referred to Subcommittee
 Remote Hunting Act      remote hunting whereby a            Cosponsors: 2, none from MI                [of Judiciary] on Crime, Terrorism, and
                         person remotely                                                                Homeland Security
 H.R. 1558               controls the aiming and firing of
                         a weapon to kill or injure an
                         animal while not in the physical
                         presence of the targeted animal
 Pet Animal Welfare      To amend the Animal Welfare         Sens Santorum [PA], Durbin [IL]            5/26/2005: Referred to Senate
 Statute of 2005         Act to strengthen the ability of                                               Committee on Agriculture, Nutrition
                         the Sec’y of Agriculture to                                                    and Forestry
 S. 1139                 regulate the pet industry
                                                                                                        5/26/2005: Referred to House
                                                             Rep Gerlach [PA]                           Committee on Agriculture
 H.R. 2669                                                   5/26/2005
                                                             Cosponsors: 1, none from MI
 Drive Fisheries         Expressing the sense of the         Sen Lautenberg [NJ]                        4/6/2005: Referred to Committee on
 Resolution              Senate to condemn the               4/6/2005                                   Foreign Relations
 S. Res. 99              inhumane and unnecessary            Cosponsors: 3, including Sen Levin,
                         slaughter of [certain] small        4/6/2005
                         cetaceans…in
                         certain nations


Animal Care and Control Forum Announced for October
    The Animal Law Section will                   sessions will follow. The day will wrap          employees charged with the respon-
present a forum for attorneys, animal             up with a plenary session that builds            sibilities of protecting and educating
care and control agencies, public and             alliances and future goals.                      the public in the care and control of
mental health service providers, veteri-              Topics related to animals care and           companion animals.
narians and related professionals. The            control to be covered include: the Dog               Please save the date October 1,
conference is scheduled for October               law of 1919, the Michigan Penal Code,            2005 and look for more informa-
1, 2005, from 8 a.m. to 5 p.m.at the              Feral Cat Colony Control, Domestic               tion and a registration form in the
Michigan State University College                 Violence, and others. Speakers will be           next newsletter as well as electronic
of Law in East Lansing. Its focus is              announced in the future.                         communications through the sec-
the legal basis for the interaction of                Attorneys will gain an understand-           tion listserv. Contact person: Wan-
guardians of companion animals with               ing of the issues facing clients who have        da A. Nash at 269-789-1340 or
various professional animal care and              companion animals. There will be op-             animalscribe@sbcglobal.net.
control and service providers. Section            portunities to meet many of the most
members Wanda Nash and Cathy                      active professionals who will share their
Wolfe are organizing the conference.              concerns over the legal issues of con-
    This full-day forum will start with           tracts (breeder and consumer; rescue
the round table panel of experts whose            organization and consumer), animal
work involves government control                  control grievances, the hoarding of
agencies and not-for-profit protection             animals as a public and a mental health
agencies, service providers (e.g., veteri-        concern, and free-roaming cats as a
narians, groomers, and trainers), public          public health concern. They will also
health agencies (animal hoarding is-              discuss the training and supervision of
sues), and law enforcement. Break-out             both government and not-for-profit

                                                                                                                                                  9
Animal Law Section Newsletter


Michigan Legislative Update
All Information from the Michigan Legislative Website, http://michiganlegislature.gov

                                                  Current as of 6/04/2005
                              Editor’s Note: Internet Hunting Ban bills updated to 7/11/2005

     Bill No.,                       Purpose                            Sponsor, Date            Status              ALS Council
                                                                         Introduced,
       Title                                                             Cosponsors
                                                                                                                       Position

 H.B. 4254        “The board of a school district or board of          Rep Lipsey,         2/10/2005:               SUPPORT
 Dissection      directors of a public school academy shall            2/10/2005, Reps     Referred to
 Choice          ensure that, if a course includes dissection of an    Lemmons,            Committee on
                 animal in a classroom and a pupil                     Tobocman ,          Education
                 expresses a moral objection to the dissection,        Leland ,
                 the teacher shall offer an alternative activity to    Gaffney ,
                 the dissection.”                                      Gleason , Kolb,
                                                                       Condino , A.
                                                                       Smith, Farrah ,
                                                                       V. Smith
 H.B. 4465        “A person in this state shall not use the internet   Rep Steil,          6/15/2005: House         SUPPORT (with
 Internet        to operate a firearm, bow, or crossbow for the        3/8/2005, Reps      passed substitute        suggestion that
 Hunting Ban     purpose of taking an animal, whether or not the       Espinoza,           bill applicable to in-   penalties be added
                 animal is in this state.”                             Shaffer, Taub,      state animals only;      and scope
                                                                       Bieda, Pavlov,      6/29/2005: Senate        broadened to
                                                                       Green, Sheen,       passed substitute        include out-of-
                                                                       Anderson            bill applicable to       state animals).
                                                                                           animals both in-
                                                                                           and out-of-state;        Jean Ligon,
                                                                                           6/30/2005: House         Section Chair,
                                                                                           adopted Senate-          testified at the
                                                                                           passed substitute        6/07/2005 Senate
                                                                                           bill                     Natural Resources
                                                                                                                    and
 S.B. 373        A person shall not engage, or provide or              Sen McManus,        6/29/2005: Senate        Environmental
 Computer        operate facilities for computer-assisted remote       4/13/2005,          passed substitute        Affairs
 Assisted        hunting, defined as “the use of a computer or         Sens Kuipers,       bill applicable to       Committee
 Remote          any other device, equipment, or software to           Birkholz,           animals both in-         hearing.
 Hunting Ban     remotely control the aiming and discharge of a        Basham,             and out-of-state; and
                 firearm, bow, or crossbow to take game located        Patterson,          House referred bill
                 in this state.”                                       Barcia,             to Committee on
                                                                       Goschka,            Conservation,
                                                                       Gilbert, Jelinek,   Forestry & Outdoor
                                                                       Toy, Sanborn,       Recreation
                                                                       Cherry, Allen,
                                                                       Bishop, Prusi


 S.B. 620        Amends penal code to provide misdemeanor              Sen Patterson,      6/29/2005: Senate
                 penalties for violation of internet hunting ban;      6/21/2005,          passed substitute
                 tie-barred to S.B. 373 and H.B. 4465                  Sens McManus,       bill; House re-ferred
                                                                       Jacobs, Basham,     bill to Committee
                                                                       Brater, Barcia,     on Conservation,
                                                                       Cropsey, Sanborn,   Forestry &
                                                                       Jelinek             Outdoor Recreation




10
                                                                                                                       Summer 2005

     Bill No.,                           Purpose                           Sponsor, Date          Status            ALS Council
                                                                            Introduced,
       Title                                                                Cosponsors
                                                                                                                      Position

 H.B. 4493           Natural resources; hunting; authority for            Rep Hune,          3/15/2005:
 Transfers           regulation of "game" and protected animals;          3/15/2005          Referred to
 regulation of       transfer to department of agriculture. Amends                           Committee on
 game, etc. from     secs. 40102, 40113a & 42701 of 1994 PA 451                              Conservation,
 Natural             (MCL 324.40102 et seq.)                                                 Forestry & Outdoor
 Resources to                                                                                Recreation
 Agriculture         “The commissioner [of Agriculture] shall have
                     the exclusive authority to regulate the taking of
                     game … The commission shall, to the greatest
                     extent practicable, utilize principles of sound
                     scientific management in making decisions
                     regarding the taking of game.”

 H.B. 4848           “A person shall not buy or sell the right to hunt    Rep Bieda,         5/31/2005:
 Prohibits           a nonnative wild mammal held in an enclosure         5/31/2005,         Referred to
 hunting of          in this state.”                                      Reps Lipsey,       Committee on
 exotic                                                                   Tobocman,          Conservation,
 mammals in                                                               Condino, Smith,    Forestry &
 enclosures                                                               K Law              Outdoor
                                                                                             Recreation
 HJR “J”             “Subject to conditions established by law and        Rep                5/11/2005:
 “Right to           based on principles of scientific management of      Hildenbrand,       Referred to
 Hunt” on 2006       natural resources, the people have the right to      5/11/2005,         Committee on
 ballot              hunt or fish for, and to harvest, game or fish       Reps Farhat,       Conservation,
 Natural             that are the property of the state and are held in   Palsrok, Vander    Forestry &
 resources;          the public trust”                                    Veen, Taub,        Outdoor
 hunting;                                                                 Booher, Hansen,    Recreation
 hunting and                                                              Walker, Ball,
 fishing as a                                                             Hoogendyk,
 constitutional                                                           Elsenheimer ,
 right; establish.                                                        Drolet, Caswell,
 Amends the                                                               Green, Kahn,
 state                                                                    Pearce, Jones,
 constitution by                                                          Gosselin, Hune,
 adding sec. 25                                                           Nitz, Rocca,
 to art. I.                                                               Huizenga, Caul,
                                                                          Garfield,
                                                                          Hummel, LaJoy,
                                                                          Casperson,
                                                                          Baxter, Pastor,
                                                                          Moore, Shaffer,
                                                                          Moolenaar,
                                                                          Marleau, Proos

Animal Abuse ...
Continued from page 7

   She could not remain at the Parish           one of the oldest in the United States,       nize animal abuse and help him. He was
farm and was shipped to another state.          having been founded in 1870. It is            involved in the investigation of the case.
                                                the only humane society in the coun-              Steve Geeding is McDonald
The Investigator and the                        try that has state-wide animal abuse          County prosecutor. After the Sheriff
Prosecutor: Taking Action                       investigative powers. Investigator Miller     Department’s report, he recognized
                                                had 20 years of police experience before      the severity of the case and prepared
    Allen Miller is chief statewide inves-
                                                coming to the humane society 15 years         to bring charges. The main charge was
tigator for the Humane Society of Mis-
                                                ago. He says that his police experience is    to be a Class D Felony because ani-
souri based in St. Louis. The society is
                                                a great help in getting police to recog-
                                                                                                                  Continued on next page
                                                                                                                                     11
Animal Law Section Newsletter

Animal Abuse ...                            and the defendants accepted the new              Third, an animal can suffer men-
Continued from page 11                      charge. After all, based on their pay-       tal anguish. The implications of this
mal suffering was caused as a “result        ment of restitution, they appeared to        include recognition that animals have
of torture or mutilation consciously        want to get the situation behind them.       cognitive abilities.
inflicted while the animal was alive…”            The judge accepted the guilty pleas         There are possibly other implications
per Missouri law (RSMO 578.012). In         from each defendant to a felony count        to this thought-provoking and sad case.
a recent interview, Prosecutor Geeding      and a misdemeanor count for animal           The case broke new ground in terms of
recalled that his office was inundated        abuse. They were given suspended             legal theory and recognition of different
with letters and calls from around the      sentences. The defendants were each          kinds of animal abuse. Perhaps, the real
US and the world asking him to pros-        placed on probation for three years,         test of its implications lies with prosecu-
ecute this case with the utmost vigor.      fined $1,000 each, and ordered to do          tors around the county and whether
                                            300 hours of community service with          they are willing to make a similar
The Legal Resolution: Defendants            the Missouri Department of Conserva-         argument with judges who determine
                                            tion. (The community service consisted       whether such abuse is contemplated
Plead Guilty and Creativity Occurs
                                            of 50% of the time cleaning highway          by their particular state animal cruelty
    The young men knew they were            rest-stops and 50% of the time picking-      state, and even with state legislators who
in trouble and attempted to make            up dead animals along the highway.)          are in a position to give statutory recog-
amends. Steve Geeding was surprised                                                      nition to this type of abuse.
that young men from the local com-          Aftermath: The Legal Precedents
munity would commit this kind of                                                         Aftermath 3: The Mother Cow
abuse. The young men offered to and              Immediately after the sentencing,
did pay restitution to Bobby Parish.        Investigator Miller discussed the case           The mother cow was sent to
They thought that should be the end of      with the judge and noted that the            OohMahNee Farm, a farmed animal
the matter.                                 judge had been involved in setting two       sanctuary in Pennsylvania. Eventu-
    However, the criminal charges were      legal precedents that day. The judge         ally she came to trust some humans
not dropped and they each faced a           recognized the first one. The case was        and liked being with the other cattle.
Class D felony charge of animal suf-        the first time in the history of Missouri     She was renamed Gaia. However, she
fering to the calf and a misdemeanor        that a felony animal abuse conviction        was pregnant when she left Missouri.
charge of trespassing. All parties agreed   involving livestock had been obtained.       She died while giving birth about six
to settle the case in late July 2002            The misdemeanor also was prec-           months after her arrival in Pennsylva-
(about 2 months after the acts).            edent setting. The defendants never          nia. Despite veterinary efforts, her calf
    The three defendants were to enter      touched, hit, or threw things at the         died, too. They are buried side-by-side
guilty pleas to the charges and receive     mother cow by all interviews and             at the farm where they rest peacefully.
suspended sentences, without jail time      accounts. The abuse could only be
in recognition by Prosecutor Geeding        characterized as “mental anguish” as         Notes:
that none had a prior criminal record.      she watched her calf being harmed and
                                            tried to intervene. As a result, she went    This article was based on the following:
Furthermore, each defendant was to
                                            “crazy” and could not be controlled          • Associated Press articles of July 26
pay a $1,000 fine and do 300 hours of
                                            by the Parish family. This was the first          and 28, 2002
community service. By the time of the
                                            time that anyone in the state had ever       • Interview with McDonald County
hearing at which they were to plead
                                            been convicted of animal abuse for               Prosecutor Steve Geeding in June
guilty, each already had paid the $1,000
                                            causing mental anguish to an animal.             2005
fine stipulated by the prosecutor.
                                                                                         • Interview with Humane Society of
    Creativity now entered the situa-
                                            Aftermath 2: Implications                        Missouri Investigator Allen Miller in
tion. Investigator Miller and Prosecutor
                                                                                             June 2005
Geeding remembered that the maxi-               What do the convictions mean? It
                                                                                         • Interview with Jason Tracy, Co-Di-
mum fine for trespassing in Missouri is      can be argued that the case represents a
                                                                                             rector of OohMahNee Farm, in July
$500; the defendants had already paid       significant advance in defining harm or
                                                                                             2005
$1,000. Just as they were entering the      cruelty to animals.
courtroom, Miller suggested that the            First, this case reinforces the notion   • OohMahNee Farm website: http://
misdemeanor charge be changed from          that harm to livestock can be the basis          www.oohmahneefarm.org
trespassing to animal abuse related to      of a felony charge.                          • Case background information write-
the mother cow. Arguably, she had               Second, harm can come to an ani-             up provided by McDonald County
been harmed, too. Geeding agreed            mal without a physical touching as in            Assistant Prosecutor Ed Hack in May
                                            the case of the mother cow.                      2005
12
                                                                                                                     Summer 2005


ABA Animal Law Committee
    The American Bar Association                 can be, and finally, to the compet-            offer animal law courses, and the
formally approved the establishment of           ing interests of wild animals and             passage of animal related criminal
an Animal Law Committee this year.               urban, farming, and recreational              felony bills in more than thirty-six
According to the ABA’s website at http://        land use.                                     states, where only nine existed less
www.abanet.org/tips/animal/home_old.             Animal law, when broken down                  than a decade ago.
html, the Committee’s purpose and mis-           into its component parts, has                 The mission of the Animal Law
sion is described as follows:                    long been the subject of the rule             Committee is to evolve our think-
   Animal law is broader than laws               of law all over the world. Orderly            ing on animal issues for both the
   pertaining to animals. It is the              societies have wanted answers to              United States and the world. By
   body of law reflecting the efforts              questions like: who pays when an              attracting the best and bright-
   of people to create a just world              animal damages property or bites,             est lawyers in this country, with
   through the rule of law.                      where is it allowed to be, when               a wide variety of perspectives,
   The status of animals in our legal            and how can it be killed, how                 we will look at animal-related
   system is in flux and attorneys are            are risks managed, what consti-               problems and issues today, and
   discovering creative and interest-            tutes a sale, what is the difference           think about new ways to define,
   ing ways to use legal arguments in            between lying and puffing, and                  manage, and solve them. Utilizing
   the face of increasingly complex              under what circumstances will the             problem-solving strategies, we will
   scenarios. Our clients are legally            treatment of an animal by a hu-               also look at the law as it exists to-
   impacted by a vast array of hu-               man be circumscribed.                         day-fragmented around the coun-
   man/animal interactions. They                 With advances in science, the                 try-and envision what it could be.
   range from the legality of estate             departure of a majority of Ameri-             The Tort and Insurance Practice
   planning for companion animals,               cans from rural communities                   Section’s (TIPS) ABA Animal Law
   to changing liability standards and           and the acquisition of more than              Committee will be the instrument
   insurance coverage in dog bite                sixty-five million indoor pets,                of a paradigm shift, and will bring
   cases, to compensation beyond                 the public interest in animals                to the table and address legitimate
   fair market value when an animal              has increased. This undeniable                business and economic interests,
   is killed, to public and private              interest is reflected by the deci-             and humane concerns.
   conflicts about where an animal                sion of thirty-seven law schools to
            Julie Fershtman provided this information along with the other note on the ABA Animal Law Committee.


Bob Barker Gift Endows Animal Rights Law Course at
Northwestern University
     Bob Barker, host of the Emmy award           The Bob Barker Endowment Fund             issues can cover a wide spectrum, ranging
winning “The Price Is Right” and a            for the Study of Animal Rights Law            from patent and intellectual property law
longtime proponent of animals, has do-        at Northwestern will provide students         to criminal prosecution or defense, or
nated another $1 million endowment for        an opportunity to enroll in animal law        constitutional law. Experimental animal
animal law. This time the funds will go       courses. Course topics could include: how     cloning is a recent example of intellectual
to the Northwestern University School of      humans interact with and use animals;         property context where animal law issues
Law to endow a course in animal rights        current animal protection laws; species       have emerged,” he added.
law. As reported in the Winter 2005 issue     protection; and international wildlife law.       The host of “The Price Is Right” for 33
of the Animal law Section newsletter, this        “Northwestern Law School is grateful      years, Barker has long been associated with
is in addition to previous $1 million gifts   for Mr. Barker’s generous gift,” said Dean    the animal rights movement. He estab-
to the University of California at Los        David Van Zandt. “This fund will allow        lished the DJ&T Foundation in memory
Angeles, Duke University, Stanford Uni-       our faculty and students to explore an        of his wife and mother to help control the
versity, and Columbia University. Earlier     emerging field of law that has ramifica-        animal population and has received numer-
the “Price is Right” production company,      tions in many traditional legal areas.”       ous awards from humane organizations.
Femantle Media, made a similar grant to           “Many of our students can expect to
the Harvard Law School.                       deal with an animal law issue at some            This article is based on a March 23, 2005
                                              point in their careers,” he said. “Legal      press release from Northwestern University.
                                                                                                                                       13
Animal Law Section Newsletter


Royalwood Cooperative Apartments Civil Rights
Cases - Update
By Barbara Goldman
    In the Winter 2005 issue, we re-          she could get a dog, to help alleviate the       $14,209 in actual damages and $300,000
ported on the case of Michigan Dep’t of       severe depression she suffered as a result        in punitive damages. Judith E. Levy, of
Civil Rights ex rel Emmick v Royalwood        of bipolar disorder. She provided letters        the United States Attorney’s office in
Cooperative Apartments, Inc, Mich Dep’t       from a psychologist and a psychiatrist,          Detroit, represented the plaintiff. After
Civil Rights No. 268485 (2004). In            but the co-op board denied her request.          the verdict, she moved for a permanent
Emmick, the Michigan Department of            Grad moved to a more expensive apart-            injunction that would require Royal-
Civil Rights obtained an award in favor       ment. At the suggestion of the Michigan          wood to modify its rules to accommo-
of a co-op owner in a dispute over her        Protection & Advocacy Service, she filed          date requests for service or “emotional
companion animal. The defendant ap-           a complaint under the Fair Housing Act,          support” animals; to send the co-op
pealed to Oakland Circuit Court, where        alleging that the co-op failed to make           board and the property manager to a
Judge Fred Mester confirmed the award          a “reasonable accommodation” of her              training program on housing and dis-
of $45,000 in damages but reduced the         disability. The complaint also named             ability laws; and to permit Grad to visit
attorney’s fees to $38,730. The defendant     the property management company,                 other residents at Royalwood with her
filed a claim of appeal to the Michigan        Schostak Brothers and Company, and               dog. Grad also requested attorney fees in
Court of Appeals, but it was dismissed        the property manager, Richard Cail. The          a separate motion.
for procedural reasons. Royalwood then        defendants moved the case to federal                 The post-trial motions are scheduled
filed a delayed application for leave to ap-   district court.                                  for hearing in June. After judgment is
peal. At the same time however, it moved           In order for the plaintiff in a disability   entered, Royalwood is expected to appeal
for reconsideration of Judge Mester’s         discrimination case to prevail, she must         to the United States Court of Appeals for
ruling. At press time, the motion for         establish a “handicap” or “disability,”          the Sixth Circuit.
reconsideration had not been decided.         defined as a physical or mental impair-
                                                                                                    Barbara H. Goldman is an attorney
    In a very similar case against the        ment that “substantially limits” a “major
                                                                                                    with the firm of Sheldon L. Miller
same defendant, United States v Roy-          life activity.” 42 USC § 3602 (h)(1). Grad
                                                                                                    & Associates, P.C., in Southfield
alwood Cooperative Apartments,(ED             argued that she was disabled because her
Mich, docket no. 2:03-cf-73034-ADT),          depression interfered with her ability to        Endnote
another former Royalwood owner pre-           sleep and work, both of which had been           1 See, e.g., Pack v Kmart Corp, 166 F3d 1300
vailed in a jury trial in the United States   defined as “major life activities.”1                  (CA 10, 1999) (sleep); Miller v Wells Dairy,
District Court for the Eastern District            After a six-day trial before Judge              Inc 252 FSupp2d 799 (ND Iowa, 2003)
                                                                                                   (work) (construing Americans with Dis-
of Michigan. Joyce Grad asked for a           Anna Diggs Taylor, the jury found in
                                                                                                   abilities Act, 42 USC 12102(1)(A)).
waiver of the co-op’s “no pets” policy so     favor of the plaintiff and awarded her


Michigan State University Student Animal Legal Defense Fund Update
By Anna Sloan                                 Liaison for the ASPCA, and Eileen Liska,         able to raise almost $1,000 for the MSU
    The Michigan State University             the lobbyist for the Michigan Humane             Chapter of Remote Area Medicine, an all-
Chapter of the Student Animal Legal           Society, spoke to the group about lob-           volunteer medical group whose mission
Defense Fund enjoyed another semester         bying in general and how it specifically          is to deliver veterinary care to communi-
of working together to help the animals       relates to animals.                              ties where either geography or economics
and learning about Animal Law issues.             MSU Law SALDF members also                   make such care unavailable or unafford-
We were fortunate enough to have              worked to educate their fellow students          able. We also elected Tanya Irwin as our
Debby MacDonald, a humane investiga-          about the treatment of animals used for          new President and Lauren Murphy as our
tor from the Michigan Humane Society          food by providing information pamphlets          new Vice President in our annual elec-
and “Animal Cops” fame, speak to the          and showing “Meet Your Meat” at a table          tions. We know that they will do a great
group on February 28, 2005 in conjunc-        in the law school lobby. In addition, we         job in the upcoming year.
tion with Professor Favre’s Animal Law        worked to help the animals by holding
                                                                                                Anna Sloan is a Spring 2005 graduate of the
Class. In addition, in late April, Debora     the second annual MSU Law Cutest Pet
                                                                                                MSU College of Law and Outgoing President
Bresch, the Eastern Regional Legislative      Contest. Through this contest, we were
                                                                                                of the Student Animal Legal Defense Fund

14
                                                                                                              Summer 2005

4th Annual Symposium Report –
                                                                                          Animal Law Section Council
“Trends in Animal Law”                                                                            2004-2005

   The 4th Annual Animal Law Section              Section and a Section member.
Symposium was held on March 11,              • Anna Rose Stern of Loomis,                           Chairperson
2005 at the Michigan State University             Ewert, Parsley, Davis & Gotting                   M. Jean Ligon
College of Law in East Lansing with               in Lansing presented a discus-         M. Jean Ligon, Attorney at Law, PLC
the theme of Trends in Animal Law.                sion of “Michigan Case Law                  822 E Grand River Ave # 3
Attendance was about 40 and included              Update” where a variety of cases            Brighton, MI 48116-1802
a number of law students. The annual              had involved animals. These in-               Phone: (810) 229-7237
symposium is an important aspect of               cluded animal protection, land use,            Fax: (810) 229-6060
the section’s legal and public education          searches involving narcotics-detec-        e-mail: mjligon@sbcglobal.net
efforts.                                           tion dogs, and pet trusts. Rose is a
   The speakers and their topics were:            Section member.                               Chairperson-Elect
•   Josh Ard of the Thomas M. Cooley             A brief panel discussion was also         Kieran Patrick Marion, Lansing
    Law School discussed “The Rel-           held to talk about predictions of the
                                             most important animal-related legal                    Secretary
    evance of Consumer Law.” Josh is                                                          Wanda A. Nash, Marshall
    a member of the Consumer Law             issues of the next 5-10 years. The pan-
    Section Council.                         elists agreed that there would be more
                                                                                                     Treasurer
•   Barbara Goldman of Sheldon               animal-related legal cases that would
                                                                                            Catherine L. Wolfe, Frankfort
    Miller & Associates in Southfield         interrelate with existing law such as
    spoke on “Sinking Your Teeth             wills, trusts, and property issues.                Term Expires 2005
    Into Michigan Dog Bite Law,” a               The presentations are available             Sharon L. Atma, White Lake
    complete case law summary of dog         from the Animal Law Section for               Cynthia L. Bostwick, Port Huron
    bite law in the state. Barbara is a      $10 for those interested. Contact                Linda S. Howell, Holland
                                             Bee Friedlander at 734-981-6311 or            Deborah Niehuus, Scranton, PA
    Section member.
•   Julie Fershtman of Zausmer,              beefriedlander@yahoo.com if you are
                                             interested.                                         Term Expires 2006
    Kaufman, August & Caldwell                                                                 Donald R. Garlit, Canton
    in Farmington Hills spoke on                 Professor David Favre, students
                                                                                          Alice Anna Phillips, Alexandria, VA
    “Equine Liability,” an important         from his animal law classes, and the
                                                                                               David J. Wallace, Lansing
    topic given the value of horses and      MSU College of Law deserve a thank
    the potential of large judgments.        you for the hosting of the symposium               Term Expires 2007
    Julie is also the Board of Commis-       and help with its planning.                     Deborah D. Ness, Plymouth
    sioners liaison to the Animal Law                                                     Sharon Noll Smith, Bingham Farms
                                                                                         Suzanne Culliton Stephan, Ann Arbor
                                                                                           Hon. Kaye Tertzag, Brownstown
University of Michigan Student Animal Legal
Defense Fund Update                                                                                  Ex-Officio
                                                                                           Beatrice M. Friedlander, Canton
By Jamie Olin                                2. Our new website has been as been
   Recent activities of the student             created and is at: http://sitemaker.           Commissioner Liaison
group at the law school include:                umich.edu/umls_saldf.                    Julie I. Fershtman, Farmington Hills
                                             3. We are planning a charity dog walk-
1. Several lunches were held to prepare         a-thon for the 2005-06 school year.
   letters to judges and prosecutors            More details will be provided in the
   about important and timely animal            future.
   issues, including the mustang cap-        4. A group from the law school went                Newsletter Editor
   ture and sale program (which often           to Detroit to protest the Canadian               Donald R. Garlit
   results in horse slaughter) in the                                                             (734) 981-6311
                                                seal hunt in April.
   American West.                                                                             donaldgarlit@yahoo.com
   Jamie Olin is now a Law 3 student at U-M Law School, co-founder, and chair of the
                       school’s Student Animal Legal Defense Fund.
                                                                                                                                15
Michigan Animal Law, Second Edition
  The following is based on a press release of March 21,                Ms. Nash has been involved with animal legal issues
2005 from the MSU College of Law.                                   for more than three decades and helped form the Animal
  Michigan Animal Law, 2nd ed., is edited by Wanda A.               Law Section of the State Bar of Michigan. Once the second
Nash, Esq. and is a project of Attorneys for Animals, licensed to   edition of Michigan Animal Law is added to your shelf,
MSU College of Law.                                                 the Animal Legal & Historical Center will provide a regular
                                                                    supplement that will keep the reader up to date.
    In the rather vast set of Michigan laws there is no official          Copies of Michigan Animal Law can be ordered from
“Animal Code” that brings together all of the Michigan laws         the Animal Legal & Historical Center website: http://www.
that relate to animals. Michigan Animal Law is the desktop          animallaw.info/.
answer to the problem; it presents the full statutory language          Michigan Animal Law, 2nd ed. ISBN # 0-9724103-4-1,
from both the civil and criminal codes of Michigan. Both            305 pages, 8 1/2 x 11. It is available in three different forms:
the lawyer and those working with or for animals should find         hardcopy ($45); softcover & wire binding ($33); and no-
the book to be a rich assortment of information about a wide        binding, 3-hole-punch paper [you provide the binder] ($25).
variety of animal topics.                                           Prices do not include shipping. The book is available for
    Michigan Animal Law has been rearranged since its               purchase by credit card on the web, or payable by check.
first edition over a decade ago to reflect better the new
laws that have been adopted. This new edition includes
expanded introductions for each chapter to help the non-
lawyer understand what the legal provisions require; it also
includes references to some of the Michigan court opinions.
References and web links are provided for the detailed ex-
planatory materials that are located on the Animal Legal &
Historical Center website.
    Between the covers of Michigan Animal Law you’ll find
chapters dealing with the following topics:
• Dogs, Cats, and Ferrets (Chapter 1)
• Exotic Pet Laws (Chapter 2)
• Michigan Penal Code (Chapter 3)
• Horses (Chapter 4)                                                Visit our Website: http://www.michbar.org/animal/
• Animals Used in Food Production (Chapter 5)
• “Ownership of Wild Animals” (Chapter 6)                                       Join the Section Listserv:
• Public Health Code (Chapter 7)                                       http://www.michbar.org/animal/listserv.cfm
• Local Units of Government (Chapter 8)
• Taxation (Chapter 9)
• Motor Vehicle Code (Chapter 10)
                                                                           Animal Legal Lifeline
• Miscellaneous (Chapter 11 on fire code, housing laws,                  Toll-free Number for Referrals:
  liens, etc.)                                                                   (866) 211-6257
• Nonprofit Corporations (Chapter 12)

                                                                                                                   First-Class Mail
                                                                                                                   U.S. Postage Paid
                                                                                                                  Lansing, MI 48933
State Bar of Michigan                                                                                               Permit No. 191
michael franck building
306 townsend street
Lansing, MI 48933-2083

www.michbar.org

								
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