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Victory for More Good News 90 Days 29.2 Farmed Animals For Kentucky’s In Jail for S U MMER 2010 3 In California 6 Shelter Animals 8 Puppy’s Killer ND FU ENSE F

Tails wagging at Harvard Law School for ALDF’s Future of Conference Back to the Future of Animal Law ALDF presents a weekend of scholarship and insights

Take more than 300 attorneys, law stu- animal law, veterinary forensics and tox- dents, academics and animal advocates icity testing without animals, the confer- from around the globe, gather them at ence addressed what is doubtless the most one of the world’s most prestigious law pressing issue advocates face: animals schools, and you’ve got more than an used as food. international perspective on legal issues – you’ve got the Future of Animal Law at Farmed Animals Harvard University. Charting a Course for the Protection of Sponsored by ALDF and the Harvard Farmed Animals was one of the highlights Student Animal Legal Defense Fund of the Future of Animal Law, and it featured (SALDF) chapter, the April 9–12 confer- a panel representing the fields of law, sci- ence was the scene of strategies, panel ence, policy and economics. Speakers discussions and workshops, all aimed at included Patrick Brown of the Stanford educating and inspiring those who want University School of Medicine; Carter to use the legal system to advance the Dillard, counsel to the Humane Society of interests of animals. the United States; Bruce Myers, senior attor- In addition to covering companion continued on page 5 A NE W SLE TT ER F OR S UPP T ERS O HE ANIMAL LE G AL DE California?” the stateof to animalsin comes tocruelty offenses whenit prevent repeat do weinessence ultimately: How bill, whichis direction ofthis are movingina as alegislature point wherewe ressed tothe “We’ve prog- R For — SenatorDeanFlorez, ec sponsor ofCalifornia’s assistance fromALDF SB 1277,draftedwith abuser registrybill the ord

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Newsletter Design Stephen Farley Design Contributing Writer Lisa FranzettaEditor NEWSLETTER ST EXECUTIVE DIRECTOR LETTER FROMTHE s an As Stephen enforcement officials, more which to tools confront with animalcruelty. Restgiveus, lawand lawswill laws. animal that of generation next the onworking assured that is stronger ALDF for need the recognize also we but enforced, strictly are laws protection February, three states have legislation. already introduced registry Since safe. animals their keep to communities and cops shelters, allow would This database. publically-accessible a in registered be to – crimes their repeat frequently who,too – abusers animal felonyconvicted require law. would laws model Such a offering includingstate, every enact to cities first suchthe aban. Already other communities are contacting ALDF to“WeHo” workof on similarbans. making one law the passed council city the 1, February On mills. puppy commercial horrific in bred dogs of sale the ban to law innovative an craft Virginia on July 1, 2008. governorof the by signed was law The penalties. tougher and assets of seizure immediate for allowing laws, (RICO) Organizations Corrupt and Influenced Racketeering invoking for act -- predicateVick’s a dogs -- dogfigting making victims bill harm’sa from the opportunity,way. drafted the ALDF rescue Seizing to able be to state the for long too far took it that nized Wells laws.mal cruelty statebying state. Today, Columbia Puertoand Rico have of states, 46 felony District the ani- work- began and law anti-cruelty its in provisionsfelony had state every that assure to goal a set misdemeanor.ALDF a considered be only could severe, how matter no abuse, animal few the examples waysof we are building stronger laws. cess. But, let’s face it; the laws themselves have got to be stronger. So let me share youwith just a or working directly with law enforcement and prosecutors.lawsuits And we are proud or our filing record suc- of by enforced, are laws tion protecanimal assurethat dayto every work animal existing our sure make to can we everything do to continue will course,ALDF Of in registries abuser animal create to campaign new a launched ALDF February, in Also Westyear,of this Earlier city the and rescuegroups Hollywood local to worked ALDF with Michaelfamous the in In2008,case Vickwake the of Virginia,in dogfighting recogALDF - laws--meaning anti-cruelty their in provisions felony had states dozen a only 1995, In F member, ALDF in Director Executive Wells Stephen Putting Putting Teeth A AFF nimal you know how hard we hard how know you BOARD OF DIRECTORS Vice Chair Joshua K.Marquis Chair Katie M.Brophy Tracy A. Miller•Dean G.C.Vanech Darcy Alamuddin •MarilynForbes Directors L aws - Treasurer Jim Rockenbach Secretary Sarah H.Luick For the animals, The for for trademark information. see “copyright” link on aldf.org or call (707) 795-2533. Please back, email us at [email protected], address, write to the address on or wish to notify us of a change of our work, are interested in joining, would like more information about deductible contributions. almost entirely by individual, tax- a nonprofit organization funded keynote speaker A S law conference , Executive Director , Executive nimal teve Wells with Wrangham R ichard L egal D efense Fund is I f you Victory in California! Appeals court reinstates law banning downed animals from food supply

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Last summer, we told you about the Animal Court of Appeals, which unanimously ruled Legal Defense Fund’s role in appealing a trial in our favor, eliminating the injunction and court’s decision to block the State of reinstating the law. “We probably had the California from enforcing a law banning the most liberal and the most conservative judges use of sick and disabled (“downed”) animals in the Ninth Circuit Court of Appeals on our in the human food supply. The decision was panel, and it may be the first time they’ve ever the result of a lawsuit filed by the National agreed on anything,” says Wagman. “The most Meat Association, which represents major conservative judge is the one who wrote the meat-packing and slaughter-plant companies, opinion – and in our favor – noting that the and another industry group, the American meat industry wanted to be able to put pigs Meat Institute. on the table who had been rolling around in The Animal Legal Defense Fund, the other pig’s waste because they couldn’t stand. Humane Society of the United States, Farm Although it only applies in California, it’s a Sanctuary and the Humane Farming huge victory for us and the animals.” Association intervened in the lawsuit in 2009, Wagman adds that the case is not over. “The and we’re pleased to report that the Ninth meat industry has moved for an en banc hear- “The most con- Circuit Court of Appeals has reinstated the ing, which would include all the court judges, servative judge is ban. Since 1994, the law had required that any not just the three-judge panel of the appeals downed animal at any point in the process court. Essentially, they’re asking the appeals the one who wrote from transport to be eutha- court to reconsider its ruling.” This doesn’t nized immediately. The law was amended and mean they’ll get what they’re asking for, he the opinion – and strengthened in 2008 following the Humane says. “But if the court denies the request for an Society’s undercover investigation at the en banc hearing, the meat industry then has in our favor.” Hallmark/Westland slaughterhouse in Chino, the option of going to the Supreme Court.” — Bruce Wagman, Calif. Video from the investigation shows All because meat suppliers want to sell the chief outside litigation slaughterhouse employees dragging animals public the flesh of sick and disabled animals. counsel for ALDF with chains, shocking them, prodding them in the eyes and ramming them with forklifts. California’s meat industry balked at the bol- stered law, arguing that the Federal Meat Inspection Act covers issues, says Bruce Wagman, chief outside litigation counsel for the Animal Legal Defense Fund. “We had an expert testify that there are between 12 and 15 diseases that people can get from downed animals. The meat industry’s response was, ‘Well, no one’s gotten sick yet, so there’s no reason not to have the food in the supply.’ The position is outrageous and shows a lack of respect for all life, human and nonhu- man” Downed animals are more likely to be infected with bovine spongiform encephalopa- thy (BSE), more commonly known as “mad cow disease,” and a host of other fatal diseases. Studies suggest that animals too sick or injured to stand and walk may also be more likely to carry E. coli and , which kill hun- dreds of Americans every year. After losing in the trial court, ALDF and our codefendants turned to the Ninth Circuit address them. address them. strategies to grow, so do the these challenges issues, and as farmed animal more than just are working on far animal advocates A between between panels out Conference attendees checking ttorneys and other ALD F signature merchandise

P4 AGE aquatic life of oxygen,toxins - harm adds ― it of lifeand aquatic Nutrient pollution creates dead zones that starve modity crops needed to feed animals are grown.” com- where fields the from even and manure maketheir way towaterways from factory farm nutrientsfromexcess agricultural fertilizer that Meyers, are nitrogen and phosphorous, “leftoverculprits,accordingmajortopipe.” the Two of fromsingle,a discrete source like– the enda of he resultingnecessarily is,” notlandscape, the across “That from accumulate that seepage. “pollutants explained, and precipitation runoff, land like sources from systems water America’sdestructionitsof political andclout have milk and anddubious onsmall effects animalwelfare.” beef organic like “Products that noted he Interestingly, farmers. U.S. of well-being financial the and environment the most , poverty,safety, with comparedfood when ant for and - unimport more as welfare meat animal view Americans pay to willing humanely-raised are consumers some for although that raised said Norwood Dr. animals food, regards public the how on study recent his discussing In advocates. confronting challenges legal the of prism the business has on the environment – all through - agri industrial impact the and beings tient sen- as animals farmed examining farming, founder andgeneralcounsel, moderated. who ALDF’s Tischler, Joyce and Farming; World Stevenson,policychiefadvisor, Compassion in economicsOklahomaat StateUniversity; Bailey Peter agricultural of Institute; professor associate Norwood, Law Environmental ney, continued from page1 continued Back totheFuture BruceMeyers, meanwhile, addressed Big Ag’s factory of view broad a took panel The ments of animals” in formu- in animals” of ments full pay requirewelfare- the to regard “must states ber mem- that said Hesentation. the Peter of Stevenson’s crux was pre - beings sentient as recentanimalsdeclaration of source’ pollution.” ‘non-point of form ous insidi- this on limitations ing enforc - to respect with short noticeably falls Act Water being now Clean federal the attempted, are problem theaddress approachesto cy - poli and legal innovative and runoff, farm regulating for availablearetools legal some “Although already waters. our stressed to ― humans non- and humans both to ful The ’s Union’s European The Gro animalwelfare.oritizing - depri by costs externalize to designed model economic an and tendencies, sadistic exhibit to University Stanfordbegan at jail mock a in guards prison playing students college which controversialexperiment,Zimbardo prison in factory in cruelty the of reminiscent dynamic power a of farming: causes inherent two noted Dillard enforced. never are that dards stan- high creating avoid to careful be should we said and property as animals of notion the reinforces unnecessarily that way a in law the using against cautioned Hemovement. social excited to see lawyers working in a progressive he’sprotection, real no animals farmed gives hens.”for thewelfare of disadvantages severe inherent has present at sizeand its barrenness, the battery cage small as used its of “because concluded that report a cages that will go into effect in 2012 is based on conventionalbatteryon ban EU example,the For research. scientific on based be must cies lating and implementing policy, and these - poli toward toxicity animals. tests without transition a proposes Strategy,”which a and “ToxicityTesting A Century: Vision21st the in Sciences,National Academy the fromof paper position recent the discussed TestingToxicity the litigation. of to status chimpanzeesthroughfor rights legalestablish hopes which current Project, Rights the Nonhuman and research in chimpanzees protecting laws foreign and domestic sanctuaries,covering talks with tion, Person litigation. animal companion for for pathwaysand new an legislation analysis of proposals cases, death and injury in animals companion of value the calculating of sures mea- new including law, animal companion testing available andhow to prove timelines. forensic evidence, for covered look to where presentation Their DVM. Merck, Steve Program; Payne Justice the of Oregon State Police; and Melinda Criminal ALDF’s of director Heiser, Scott featuring panel our in discussed science a sics, foren veterinary - is cruelty against fight the in available tools cutting-edge most the of One them. address to strategies the do so grow, challenges these as and issues, animal farmed just than more far on working are advocates Proposing a Federal Animal Protection Protection Animal Federal a Proposing promises. law animal of future the what ask and conference the of theme the address Law Animal Carter Dillard said that although U.S. law U.S. although that said Dillard Carter n a 2, Day On Theories Pet animal other and attorneys course, Of u b nd analyzed issues in chimpanzee protec- chimpanzee in issues analyzed g reakin Replacing the Use of Animals in Animals of Use the Replacing brought legal experts together to togetherexperts legal brought eiig h Scn ae of Wave Second the Defining raised innovative theories in in theories innovative raised Tools & Theories Canine CSI CSI Canine lot a Almost Students Get Real-World Experience

Fridays at the Animal Legal Defense Fund’s develop unique proposals to better protect Portland office were especially busy last animals in these places. It was particularly semester, as a select group of students from rewarding to see the creative efforts by the nearby Lewis & Clark Law School participat- clinic participants to address real ongoing ed in an exciting new program. The Animal issues in these locales. We had a variety of P A G E 5 Law Legislative Clinic gave student partici- strong proposals, including local protective pants the opportunity to research, analyze, orders for animals, establishing standards of develop and advance local legislation under care, civil penalty alternatives to address state the guidance of attorney Stephan K. Otto, law deficiencies, anti-hoarding measures, reg- ALDF’s director of legislative affairs. ulation of exotic animals, fixing inequities The one-of-a-kind clinic was a collabora- with dangerous dog ordinances and more.” tion between ALDF and Lewis & Clark Law Otto adds that the clinic will be offered again School’s Center for Animal Law Studies. next year. “I am very much looking forward Equipped with the experience and skills to building on the momentum we have estab- gained through this program, participants are lished this year.” better prepared for future work in govern- Alison Longley was pleased to be among ment and administrative agencies, as well as those to participate. “I always hoped to build to represent a variety of clients with govern- a career in animal law, and the ALDF legisla- ment and public policy interests. Participants tive clinic was one of the main reasons I chose were involved in weekly interactive seminars, Lewis & Clark,” she says. “I was lucky to have which covered a variety of legislative issues — such a wonderful opportunity to learn about such as statutory construction, strategy, legis- the legislative process as it relates to animals lative history, preemption and conflicts, lob- from such an effective and experienced orga- bying and other related topics — and includ- nization. Working with Stephan, we were able ed a discussion of ongoing projects. to acquire real-world experience and tools “Our ALDF Animal “Our ALDF Animal Law Legislative Clinic that will serve us well in our future careers.” through Lewis & Clark Law School was a Longley will spend the summer as a post- Law Legislative great success,” says Otto. “Law students graduate fellow with the Lewis & Clark Clinic through researched laws and politics in municipalities Animal Law Clinic. “I hope to then transition in Wisconsin, Idaho, Montana and into a full-time animal law career.” Sounds Lewis & Clark Law Washington and worked collaboratively to like she’s got a great head start. School was a great success.” Commission, meanwhile, explored the possibil- widespread animal abuse that continues to exist, — Stephan Otto, ity of establishing a body within the federal but we also need to assure that the laws, once ALDF director of government to coordinate animal protection enacted, are enforced and obeyed.” Barker has legislative affairs policy. Finally, Putting the Critter in Critical demonstrated his belief in animal protection Legal Theory discussed how critical legal theory legislation and enforcement by establishing is relevant to animal law, emphasizing that the endowments for the study of animal law at basic concepts in Critical Race Theory, Critical many of the nation’s top law schools. Legal Studies and postcolonial theory can help We’re grateful to primatologist Richard animal advocates navigate the possibilities and Wrangham for stepping up and giving attend- pitfalls of legal change for animals. ees the official keynote address. A professor of biology and anthropology at Harvard Keynotes University, Dr. Wrangham spoke about his Although originally scheduled as keynote work with chimpanzees in Uganda. speaker, sustained a minor injury Conference attendees were enlightened—and just before the conference and had to send his delighted—by Dr. Wrangham’s anecdotes regrets. Fortunately, the television personality about just how intelligent chimpanzees are. and generous animal advocate also sent his Thanks, too, to the Harvard chapter of remarks, which included his thoughts on animal SALDF for helping us make this another out- law. “I have long believed that the road to suc- standing event. ALDF will build on this suc- cess for the movement is through cess for animals, and we look forward to see- the legal community,” he wrote. “We need to ing everyone at the next Future of Animal create and pass effective laws that will address Law conference! P6 AGE Rockcastle County, Kentucky, shelteragreestochanges Pushing forCompliance In zation, and RAIN’s president, Amanda Amanda president, RAIN’s and zation, - organi rescuenon-profit (RAIN),a NeedIn Animals Rockcastle’s of behalf on complaint the with compliance state’s Humane Shelter full Law. into shelter mal ani- its tobring agreed Rockcastlehas County Kentucky’sabuses, other and neglect severe The Animal Legal Defense Fund drafted a drafted Fund Defense Legal Animal The the f a of ace R ockcastle ockcastle County animal shelter ial la potenial prior prior to ALD F’s intervention alleging alleging wsuit that they will.”that they agreement,the towe’resign butthem hopeful for waiting “We’resays. still went,” he it well how by surprised honestly was is “I optimistic. one, for Wagman, changes. necessary the them inthefreezer. dumped and bag plastic a into alive much very were who puppies of pair a shoved sion, occa- one least at on and,freezer a in animals that notes dead store shelter Rockcastle the at also personnel complaint The euthanasia. humane and care veterinary access, public shelter,water, and food provide that shelters with animal operating) are contracting that counties other (or operating including animals, homeless their for caring in meet must counties 120 Kentucky’s that standards to agree changesituation we itall.’” will the is this if and right, things do to Wewant law. the breaking be to want don’t‘We said, they credit, their “To Law. were Shelter Humane problems Kentucky’s of violation in all and undisputed documented The plaint. com - the filing extensive to prior the collected evidence to testament a is compliance we identified.”rect theviolations all cor and address to agreed they and county, the of body governing the is which court, then the to Brophy concerns fiscal entire the with met county. their I and “Katie Katie present to arranged attorney Louisville and Chair Board ALDF and He counsel. tion - litiga outside chief Wagman,ALDF’s Bruce talk to would,”explains they said like they and they’d it, about if them asked and sary, neces if file would we lawsuit the attaching contacted letter, a them ALDF March.sent “We in violations after turn Rockcastle County representatives about these – hopeful times. at all water uncontaminated potable, does provide and not animals; healthy the as in kennels them same housing animals, injured and ill for runs separate provide to fails crisis; overpopulation cat and dog county’s the ing exacerbat- thus and pregnancies in resulting often animals, female doesn’t and male the care; segregate veterinary with provide cats to and fails dogs shelter the that violations, other among notes, complaint The Chism. It’s now up to Rockcastle County to make to County Rockcastle to up nowIt’s minimum sets Law Shelter Humane The of promise county’s the believes Wagman and – interesting an took situation The

- - Overturned: LawBanningDepictionsofCruelty signed our petition asking their statecampaign legislatorsFebruary,in over18,000 peopleto have weed out convicted felons. animalcruelty and adopters potential screen thoroughly to sheltersallowingsocietieshumaneand as well andthegeneral public their of whereabouts, as potential new animal victims, from by alerting away police them keeping in dramatically aid will felons convicted these of registration torturingly and/or killing animals. Mandatory - violent convictedof abusers and cockfighting; and fighting dog convictedof criminalsmals; ani- of hundreds to suffering term long cause whoserecidivism nearlywhorateis100%and hoarders, animal convicted includes This live. they where and are they who identify will that database online an for register to cruelty forcewillcriminals convicted felony animal of D D that passed inmythat passed state. How doIthat?–Roxanne like law a get to want I and newsletter, last ALDF’s I beneath the spiked heel of a woman’s shoe. animals The small death,typicallyto crushed torturedand being other and hamsters kittens, law puppies,so-called “crush” depict which videos, decade-old The Stevensviolated was originally intended dogfights. to ban of videos wassentenced to prison for making and selling the criminal conviction Robert of Stevens, who out throws decision The unenforceable. fore there- Speech is and Free Amendment First the the of Clause violates law the that held toCourt uphold thelaw. an mitted sub- cruelty. had animal ALDF of depictions of sale the criminalized that law federal 1999 a to challenge constitutional a Stevens, of case the in decision n ear ear ear Joyce: SinceAnimal Legal Defense Fund started this know,youAsanimalabuserlaw registryan in law registry abuser animal the about read I Unfortunately,byvotetoa 81, of theCourt April, R oxanne: t he U. S he brief urging the the urging brief curiae amicus . Sup JOYCE ASK reme Cou reme ntd tts v. States United rt issued its its issued to nowhere have hide! will abusers animal ony state:convictedfel - every in registries abuser websites like Facebook, Twitter andMySpace. on information important this share can you Finally, legislators. their contact and petition the sign video, our watch to them encourage family: and friends your to word the spread can you Additionally, legislators. state your tion,topoints talking and provide statistics to - informa valuable get and also video our can watch You representatives. state your to sent be automatically registry,will letter a and abuser animal an for asking can petition our sign www. you where to , go ExposeAnimalAbusers.org state, your in passed bers are already having impact. anenormous mem- our of interest.actions expressedan the So 10387),and legislators in twelve other states 1277),NewYorkLouisianaand201) have (AB(HB legislation has been introduced bills, registry inabuser Californiaanimal support and sponsor (SB specific to specific your jurisdiction. advice receive you that assure to attorney a local consult please so procedures, and rules own Each state and, in some cases, each county has its only. generalinformation provides column This we are unable to publish answers to all questions. Cotati Avenue,East Cotati, CA 94931. 170 We regret thatFund, Defense Legal Animal Joyce,” “Ask to write or [email protected], at: counsel, email Joyce Tischler, ALDF’s foundersee and generalto like would in answered you question a have you If the House of Representatives.the House of in introduced been already has videos crush to tailored law constitutional,”new says.A he be still could cruelty animal extreme of tions depic- at targeted law narrower a that bility - possi the open left it written, as overbroad is law the that held Court seems.“Although it the as bleak as be not may ruling the suggests preventing to animals.” cruelty of importance the about judgment legislative the guessing noted,havecourts,Alitosecond- The “erredin pain.”excruciating experience that creatures living are videos crush in usedanimals “[t]he that noted and videos crush out singled also Helaw. the sustain to enough was dogfights case,observing thattheharm animals suffer in thatthe law held Court wasoverbroad. Help us get the word out and pass animal animal pass and out word the get us Help law registry abuser animal an want you If But ALDF Staff Attorney Matthew Liebman the in dissented Alito Samuel Justice Only The The Animals’ Advocate —Joyce

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printed on recycled paper INSIDE Puppy Killer Sentenced Animal Legal Defense Fund members will no maybe more. We feel that the judge took into doubt recall the heartbreaking story of the consideration Johnson’s career as a firefighter, Toole family’s dog Karley, who was beaten so the overcrowding of the jails and also this badly by neighbor Glynn being his first offense.” Johnson that the pup had to “Although we were not sat- be euthanized. Thanks to a isfied with the punishment, we campaign led by the Tooles, must move on,” adds Shelley’s Making Tails Johnson was convicted in husband, Jeff. “We still have the Wag with Tough January of felony animal cru- civil case and hope for a more Laws for Animals elty. Although the defendant positive outcome.” 2 could have received four years ALDF worked with the in prison, a court in Riverside, Tooles to draft their proposed Calif., sentenced him on April “Karley’s Law,” a Civil Right 2 to only 90 days of weekend of Action for Cruelty to an jail time and three years of Animal, which will give par- probation. ties whose animals are sub- Having the courts even Convicted killer Glynn Johnson jected to acts of cruelty the pursue this case is something opportunity to bring a civil of a victory, but Jeff and action against the perpetrator Shelley Toole expected a stiffer penalty for the for the full range of their loss. In addition to man who crushed their puppy’s skull with a that law, the Tooles say they are focused on Supreme Court large rock in 2008. “We were in shock when helping ALDF get the animal abuser registry Rules on Animal the judge read his sentencing,” says Shelley. law passed in California. “We would love to Abuse Videos “Going into the court, we felt pretty confident see Glynn Johnson’s name at the top of the 7 that he would receive at least a year and list,” says Shelley.