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Solving the Problem of Puppy Mills: Why the Animal Welfare Movement's Bark Is Stronger Than Its Bite Washington University Journal of Law & Policy Volume 43 New Ideas in Law and Legal Education 2014 Solving the Problem of Puppy Mills: Why the Animal Welfare Movement's Bark is Stronger than its Bite Kailey A. Burger Washington University School of Law Follow this and additional works at: https://openscholarship.wustl.edu/law_journal_law_policy Part of the Animal Law Commons Recommended Citation Kailey A. Burger, Solving the Problem of Puppy Mills: Why the Animal Welfare Movement's Bark is Stronger than its Bite, 43 WASH. U. J. L. & POL’Y 259 (2014), https://openscholarship.wustl.edu/law_journal_law_policy/vol43/iss1/14 This Note is brought to you for free and open access by the Law School at Washington University Open Scholarship. It has been accepted for inclusion in Washington University Journal of Law & Policy by an authorized administrator of Washington University Open Scholarship. For more information, please contact [email protected]. Solving the Problem of Puppy Mills: Why the Animal Welfare Movement‘s Bark is Stronger than its Bite Kailey A. Burger I. INTRODUCTION The relationship between man and dog is one characterized by companionship, service, and love; but dogs serve a variety of functions beyond just ―man‘s best friend.‖ These companion animals provide valuable assistance to people with disabilities,1 in military and police service,2 in therapeutic contexts,3 and in numerous other areas of life. With approximately 78.2 million pet dogs in the United States,4 and approximately 39 percent of U.S. households owning at least one dog,5 it is no surprise that so many animal welfare activists and organizations possess a deep passion for protecting and improving the lives of these animals.6 Zuckerman Fellow and Ed.M. Candidate (2014), Harvard Graduate School of Education; J.D. (2013), Washington University School of Law; B.A. (2010), Truman State University. First and foremost, thank you to my beloved dog and best friend, Lila. Thank you also to Christopher, the tremendous professors who have supported me throughout my education, to Ellie for her advice, and to fellow dog-lovers Kadeidra and Lorrette for their help in titling this Note. Finally, I hope readers will decide to make pet adoption their first choice, and encourage others to do the same. 1. See Larry Abramson, Service Dogs Teach Educators About Disabilities, NAT‘L PUB. RADIO (May 14, 2011), http://www.npr.org/2011/05/14/136287114/new-rules-seek-to-educate- schools-on-service-dogs. 2. See Rebecca Frankel, Foreign Policy: The Dogs of War, NAT‘L PUB. RADIO (May 5, 2011), http://www.npr.org/2011/05/05/136016450/foreign-policy-the-dogs-of-war. 3. See Margot Roosevelt, Canine Candy Stripers, TIME, Aug. 6, 2011, available at http://www.time.com/time/magazine/article/0,9171,1000463,00.html. 4. HUMANE SOC‘Y U.S., U.S. PET OWNERSHIP STATS. (Aug. 12, 2011), http://www .humanesociety.org/issues/pet_overpopulation/facts/pet_ownership_statistics.html. 5. Id. 6. For the purposes of this Note, ―animals‖ refers to those species used for agricultural purposes in Missouri. This includes farm animals, animals that are part of the food supply (either meat or dairy products), and dogs used in commercial breeding whose offspring are sold as pets. While breeding domesticated pets might seem incongruous with agricultural production, under state law, commercial dog breeders are categorized as agricultural entities. 259 Washington University Open Scholarship 260 Journal of Law & Policy [Vol. 43:259 The prevalence of dogs in American culture makes the opposition to protecting them perplexing. At the root of this opposition is a fundamental disconnect between the message presented by animal welfare7 activists and the message received by individuals in the agriculture industry, who view animal regulations as a threat to their livelihood. On one side, activists, seeking regulations and protections for dogs, frame the issue as one of animal welfare and morality.8 On the other side, the agriculture industry, motivated largely by economic factors, opposes outside oversight likely to reduce profits.9 This Note examines these differing perspectives and explains how members of the animal welfare movement can mitigate opposition to animal welfare reforms. Using Missouri ballot initiative Proposition B (―Prop B‖) as a lens, this Note analyzes the animal welfare movement‘s political efforts to eradicate puppy mills. First, it discusses the history of puppy mills. Second, it explains the political role of animal welfare organizations. Third, it identifies opponents of these welfare reforms. And finally, this Note argues that animal welfare activists can more effectively achieve their policy goals by implementing a number of common-sense strategies. By producing a mainstream message, connecting with more human-focused interest groups, increasing public awareness, and building local relationships, the animal welfare movement can work to achieve greater political influence and success. Robert Garner, political scientist and leading animal welfare scholar, explains the past failures of activists as failures of political mobilization: In the past, scholars and movement participants have paid little attention to the political-institutional dimension of animal See MO. DEP‘T OF AGRIC., ANIMAL CARE PROGRAM, http://mda.mo.gov/animals/ACFA/ (last visited Mar. 3, 2013). 7. Those passionate about improving the lives of animals can be characterized in a variety of ways, but the distinction between ―animal welfare‖ and ―animal rights‖ activists is not the focus of this Note. For an articulation of this distinction, see Joseph Lubinski, Introduction to Animal Rights, ANIMAL LEGAL & HIST. CTR. (2004), http://www.animal law.info/articles/ddusjlubinski2002.htm#Welfare. 8. See, e.g., Jerry L. Anderson, Protection for the Powerless: Political Economy History Lessons for the Animal Welfare Movement, 4 STAN. J. ANIMAL L. & POL‘Y 1, 26 (2011). 9. See id. at 27–28. https://openscholarship.wustl.edu/law_journal_law_policy/vol43/iss1/14 2013] Solving the Problem of Puppy Mills 261 protection. This is partly because the movement itself has adopted a whole range of strategies, most not dependent upon influencing national (or even local) decision-makers; and partly because attempts to achieve public policy goals have invariably failed.10 By providing a roadmap of political strategies, this Note seeks to build on Garner‘s observations and assist animal welfare activists in becoming influential policymakers. II. HISTORY A. What is a Puppy Mill? ―Puppy mill‖ is a term used to describe a commercial dog breeding facility that profits from selling puppies on a large scale.11 Those operating puppy mills frequently prioritize profitability at the expense of their animals‘ wellbeing.12 As a result, breeders, seeking the most affordable means of production possible, create deplorable and unsafe living conditions for their animals. In her Note, Dealing Dogs: Can We Strengthen Weak Laws in the Dog Industry?, Sandra K. Jones explains how ―[v]eterinary care, proper nutrition, socialization, integrity of the breed and breed standards, and, most importantly, sanitation at puppy mills are substandard compared to other responsible breeders.‖13 The puppy mill industry has caused animal welfare activists great concern, which they tend to express in moralistic terms.14 Some 10. Robert Garner, The Politics of Animal Protection: A Research Agenda, SOC‘Y & ANIMALS 43, 49 (1995), available at http://www.animalsandsociety.org/assets/library/294_s314 .pdf. 11. Puppy Mill FAQ, AM. SOC‘Y FOR THE PREVENTION OF CRUELTY TO ANIMALS, http://www.aspca.org/Fight-Animal-Cruelty/puppy-mills/puppy-mill-faq (last visited Mar. 3, 2013). 12. Id. 13. Sandra K. Jones, Note, Dealing Dogs: Can We Strengthen Weak Laws in the Dog Industry?, 7 RUTGERS J.L. & PUB. POL‘Y 442, 445 (2010). 14. See, e.g., More Than 100 Dogs Rescued Simultaneously From Two Mo. Puppy Mills Reinforce Urgent Need for Prop B, HUMANE SOC‘Y U.S. (Sept. 22, 2010), http://www.humane society.org/news/press_releases/2010/09/dogs_rescued_reinforce_need_for_prop_b_092210.ht ml [hereinafter More Than 100 Dogs Rescued]. Washington University Open Scholarship 262 Journal of Law & Policy [Vol. 43:259 current policies reflect this moral concern for the welfare of the animals, particularly those policies aimed at preventing animal cruelty and abuse. Not surprisingly, however, the treatment of animals is only one consideration in the formation of animal policy. More often, economic and budgetary considerations are policymakers‘ primary concerns. One class of puppy mill laws characterizes puppies as a product, providing remedies when newly purchased animals do not meet consumer expectations.15 Illness, poor socialization, and aggression are common traits of ―puppy mill dogs‖ that can be attributed to breeding conditions.16 Trends in civil litigation have sought to address these undesired outcomes through contract clauses guaranteeing the health of the animal or providing a warranty-like replacement if the puppy should die from an illness contracted in the puppy mill.17 Several states have also attempted to protect consumers by enacting ―lemon laws‖18 that apply to the purchase of puppies.19 A large number of puppies are bred, bought, and sold across state lines—bringing them under federal jurisdiction as stream of commerce goods.20 In an effort to regulate this system, the Federal Animal Welfare Act (AWA) mandates the registration and inspection of certain commercial animal dealers who transact with other states.21 15. See Kim Campbell Thornton, Buying a dog? Beware of breeder, NBC NEWS.COM (Jan. 22, 2008), http://www.nbcnews.com/id/22670940/ns/health/t/buying-dog-beware-breeder /#.UVDmhVd499V. 16. Puppy Mill FAQ, supra note 11. 17. See Rebecca F. Wisch, Sale of Companion Animals by Breeders and Retailers, ANIMAL LEGAL & HIST. CTR. (2005), http://www.animallaw.info/articles/dduspetsales.htm (discussing contract and tort implications for breeders and purchasers). 18. Lemon laws are traditionally ―designed to protect a consumer who buys a substandard automobile .
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