Equine Issues

AL - Horsemeat - 2-17-15. Sale, offer for sale, transportation, etc.,

Summary: This Alabama statute states that no person, firm or corporation shall sell, transport, offer for sale or transportation or receive for transportation in intrastate commerce any carcasses of horses, mules or other equines or parts of any such carcasses or the meat or meat food products thereof unless they are plainly and conspicuously marked or labeled or otherwise identified as required by regulations.

This Alabama statute states that no person, firm or corporation shall sell, transport, offer for sale or transportation or receive for transportation in intrastate commerce any carcasses of horses, mules or other equines or parts of any such carcasses or the meat or meat food products thereof unless they are plainly and conspicuously marked or labeled or otherwise identified as required by regulations.

AK - Equine - Equine Activity Liability Statute

Summary: Two Alaska statutes are provided here that relate to the limitation of liability for equine activities. The first is the equine activity liability statute, which states that livestock are unpredictable and inherently dangerous and all persons who knowingly place themselves in proximity to livestock for any reason involving an activity that includes livestock are considered a participant in livestock activity and assume the risk. Exclusions include gross negligence of the equine sponsor, knowledge of faulty tack or equipment, and failure to properly ascertain the level of competence by the participant. The second statute reiterates that a person who participates in a sports or recreational activity assumes the inherent risks in that sports or recreational activity, including horseback riding.

Two Alaska statutes are provided here that relate to the limitation of liability for equine activities. The first is the equine activity liability statute, which states that livestock are unpredictable and inherently dangerous and all persons who knowingly place themselves in proximity to livestock for any reason involving an activity that includes livestock are considered a participant in livestock activity and assume the risk. Exclusions include gross negligence of the equine sponsor, knowledge of faulty tack or equipment, and failure to properly ascertain the level of competence by the participant. The second statute reiterates that a person who participates in a sports or recreational activity assumes the inherent risks in that sports or recreational activity, including horseback riding.

Connecticut General Statutes: Chapter 333: Sections 6402-6405

Summary:

Sections 6402-6405 of Chapter 333 from the 1918 General Laws of Connecticut covers offences against humanity and morality .  Specifically, the statutes cover following topics: animal cruelty, transportation of animals, and docking of horses.

Sections 6402-6405 of Chapter 333 from the 1918 General Laws of Connecticut covers offences against humanity and morality .  Specifically, the statutes cover following topics: animal cruelty, transportation of animals, and docking of horses.

People of the State of New York v. Mary Dawn Sitors

Summary: This action is an appeal from dismissal of criminal charges against a woman accused of acts of cruelty on her horses. The Town Court dismissed the criminal charges, finding that since the Catskill Animal Sanctuary's petition seeking the posting of security to care for the horses was dismissed (which had a lower standard of proof than in a criminal action), this necessarily meant it would be impossible to obtain a criminal conviction under the higher standard. Essentially, the Town Court's decision reflected a determination that one cannot violate New York's state cruelty law unless the animal dies due to lack of sustenance or care. The County Court found this reasoning erroneous; a violation under the law occurs when one fails to provide necessary sustenance, not only those acts or omissions that result in an animal's death. The criminal actions were thus, reinstated against defendant.

This action is an appeal from dismissal of criminal charges against a woman accused of acts of cruelty on her horses. The Town Court dismissed the criminal charges, finding that since the Catskill Animal Sanctuary's petition seeking the posting of security to care for the horses was dismissed (which had a lower standard of proof than in a criminal action), this necessarily meant it would be impossible to obtain a criminal conviction under the higher standard. Essentially, the Town Court's decision reflected a determination that one cannot violate New York's state cruelty law unless the animal dies due to lack of sustenance or care. The County Court found this reasoning erroneous; a violation under the law occurs when one fails to provide necessary sustenance, not only those acts or omissions that result in an animal's death. The criminal actions were thus, reinstated against defendant.

Burgess v. Taylor

Summary:

Taylor v. Burgess is a landmark case in Kentucky allowing non-economic damages for an animal. Judy Taylor's two horses were stolen and sold for slaughter. Taylor then successfully sued for non-economic damages.

Taylor v. Burgess is a landmark case in Kentucky allowing non-economic damages for an animal. Judy Taylor's two horses were stolen and sold for slaughter. Taylor then successfully sued for non-economic damages.

The Humane Society of the United States, et al v. Mike Johanns, et al

Summary:

Before the Court is Plaintiffs’ Motion for a Temporary Restraining Order and for a Preliminary Injunction, and Request for a Hearing requesting that the Court, “temporarily and preliminarily enjoi[n] and declar[e] unlawful a Final Rule just promulgated by the Food Safety and Inspection Service (“FSIS”) of the U.S. Department of Agriculture (“USDA”) that creates a “fee-for-service” inspection system designed to facilitate the continued transport and slaughter of American horses for human consumption abroad.” In an memorandum opinion, the court denied plaintiff's motion for a TRO and preliminary injunction because it found that plaintiffs do not demonstrate the factors necessary for the court to issue a preliminary injunction.

Before the Court is Plaintiffs’ Motion for a Temporary Restraining Order and for a Preliminary Injunction, and Request for a Hearing requesting that the Court, “temporarily and preliminarily enjoi[n] and declar[e] unlawful a Final Rule just promulgated by the Food Safety and Inspection Service (“FSIS”) of the U.S. Department of Agriculture (“USDA”) that creates a “fee-for-service” inspection system designed to facilitate the continued transport and slaughter of American horses for human consumption abroad.” In an memorandum opinion, the court denied plaintiff's motion for a TRO and preliminary injunction because it found that plaintiffs do not demonstrate the factors necessary for the court to issue a preliminary injunction.

THE FUND FOR ANIMALS, INC., ET AL., appellants v. U.S. BUREAU OF LAND MANAGEMENT, ET AL., appellees

Summary:

The Fund for Animals and individuals dedicated to protecting animals brought an action against Bureau of Land Management (BLM) challenging its implementation of its restoration strategy for wild horses and burros on public lands. The approved budget request made by the BLM, which contained outlines of the reinvigorated wild horses and burros program and set broad goals and strategies, was not an “agency action” subject to review. Finally, plaintiffs request for a permanent injunction, to prevent BLM from carrying out specified removal actions, was moot because the “gathers” have already occurred and what happens in the future is based on unknown variables.

The Fund for Animals and individuals dedicated to protecting animals brought an action against Bureau of Land Management (BLM) challenging its implementation of its restoration strategy for wild horses and burros on public lands. The approved budget request made by the BLM, which contained outlines of the reinvigorated wild horses and burros program and set broad goals and strategies, was not an “agency action” subject to review. Finally, plaintiffs request for a permanent injunction, to prevent BLM from carrying out specified removal actions, was moot because the “gathers” have already occurred and what happens in the future is based on unknown variables.

PA - Pittsburgh - CHAPTER 635: Other Animals And Fowl ( Article 3: Dogs, Cats, and Other Animals)

Summary:

These Pittsburgh, Pennsylvania ordinances prohibit any person from riding or driving any animal-drawn conveyance on any street or sidewalk within the city except by permit or by authorization from the Director of the Department of Public Works. Whoever violates this provision will be fined $100 for the first offense and $300 for any subsequent offenses. Additionally, these ordinances provide provisions related to rodeos and whoever violates these provisions will be punished by a fine not to exceed $1,000, imprisonment of up to 30 days, or both.

These Pittsburgh, Pennsylvania ordinances prohibit any person from riding or driving any animal-drawn conveyance on any street or sidewalk within the city except by permit or by authorization from the Director of the Department of Public Works. Whoever violates this provision will be fined $100 for the first offense and $300 for any subsequent offenses. Additionally, these ordinances provide provisions related to rodeos and whoever violates these provisions will be punished by a fine not to exceed $1,000, imprisonment of up to 30 days, or both.