Animal Rights: Personhood for Chimps?

The question of whether a chimpanzee has the legal right not to be kept as an isolated captive in a dark cage has been playing out in the courts of New York since December 2013, when the Nonhuman Rights Project, an advocacy organization founded by an animal protection attorney, filed lawsuits on behalf of three captive chimps. Last Wednesday in Albany, oral arguments in the case of Tommy, a "26-year-old chimpanzee living in a used trailer lot in Gloversville, NY, isolated in a cage in a dark shed on the owner's property," were heard by the Supreme Court, Appellate Division, Third Judicial Department. His attorneys argued that Tommy, a self-aware and autonomous nonhuman animal, was a wrongly imprisoned common law "legal person" entitled a writ of habeas corpus.

Read more about the oral argument and the background of the case here and in a Wired article by Brandon Keim. Those interested in the legal theories and arguments used in animal protection law should also check out this page created by the Nonhuman Rights Project to illustrate how the arguments used in the New York cases might fare in the courts of other states.

Ernster, the Virtual Library Cat

Cats and the Commerce Clause

Last week, while law students around the country studied Commerce Clause cases for finals, a federal appeals court decided a case on my favorite related subject, feline law. More precisely the court expounded on legendary author Ernest Hemingway's cats--about 50 of them, all descendants of the author's six-toed polydactyl cat, Snowball--and their relation to federal power and the Commerce Clause. 

The cats live in and around the Hemingway Home & Museum in Key West, Florida.  You can read more about them and the case in this article (with video) from the Christian Science Monitor.  In short, after a visitor complained to the U.S. Department of Agriculture about how the cats were being cared for, the Department's Animal and Plant Health Inspection Service issued demands that the Museum obtain an animal exhibitor's license and maintain the cats in specific types of enclosures.  The Museum then challenged the Department's jurisdiction to regulate it as an animal exhibit under the Animal Welfare Act (AWA) (7 U.S.C. Section 2131 et seq.).

In a unanimous opinion affirming the district court, the U.S. Court of Appeals for the Eleventh Circuit stated: "The exhibition of the Hemingway cats is integral to the Museum's commercial purpose, and thus, their exhibition affects interstate commerce. For these reasons, Congress has the power to regulate the Museum and the exhibition of the Hemingway cats via the AWA."  The opinion refers to this page on the Museum website as an example of the "purposeful marketing" of the cats.

Only one question remains.  Will there be an appeal? 



Ernster, the Virtual Library Cat

Leash Laws

Do you need to find the leash laws for your state? Take a look at the Animal Legal and Historical Center's overview of state leash laws. It provides a handy table where you can look up your state's leash laws. Do proceed with caution--while the site does give information on statewide leash laws, many municipalities also have ordinances concerning dogs. For more information about the municipal leash laws, look here.



Ernster, the Virtual Library Cat

Hounded, Cowed and Badgered

Hounded, Cowed and Badgered is an animal law blog from an animal rights perspective. The blog contains informative, in-depth posts about legislation and court cases dealing with the rights of animals, as well as current events in animal rights. Although the posts seem somewhat sporadic, the content is fascinating.


Ernster, the Virtual Library Cat

The Compassion Index from the Animal Welfare Institute

Naturally, I am always interested in legislation affecting me and my friends. Thus, I was happy to find the Compassion Index from the Animal Welfare Institute. The Compassion Index rates U.S. Senators and Representatives based on their positions on animal protective measures. Tracked bills and issues are chosen based on their potential impact on animals. The Compassion Index is updated daily
In order to find out how you own representatives fare, simply enter your state or zip code or enter the name of the representative here.

Ernster, the Virtual Library Cat

Animal Law.com

As a follow-up to Monday's post, here is another valuable Animal Law resource: AnimalLaw.com.

According to its Web site, AnimalLaw.com "provides access to legislation and legal matters pertaining to the rights and welfare of animals". Presented by the International Institute for Animal Law, AnimalLaw.com serves as "a clearinghouse for animal-related legal information, from pending legislation through relevant case law digests". The site includes searchable pages containing statutory law, model laws, and case law.

Ernster, the Virtual Library Cat

The National Center for Animal Law

If you are interested in animal law, take a look at the National Center for Animal law's website.
The site offers an abundance of information about animals and the law, a career center, a list of animal law courses, and much, much more. Find out more about your feline (and canine, equine, etc.) friends!


Ernster, the Virtual Library Cat