by John M. Simpson.
We recently reported on a case in which an animal rights group, the Nonhuman Rights Project, sought habeas corpus relief for three Asian elephants maintained in a zoo in Connecticut. The Connecticut Appellate Court affirmed the lower court’s judgment and ruled that the plaintiff had no standing because the elephants themselves had no standing. Continue reading “Update on Elephant Habeas Corpus Case”
by John M. Simpson.
On September 4, 2019 the Advertising Standards Authority (ASA), which describes itself as “the UK’s independent advertising regulator,” upheld a challenge to an advertisement that had been displayed for People for the Ethical Treatment of Animals (PETA) on the side of buses in February 2019. As the authority described it, the ad “included the text ‘Don’t let them pull the wool over your eyes. Wool is just as cruel as fur. GO WOOL-FREE THIS WINTER PeTA.’ Beside the text was an image of a woman with the neck of her jumper pulled over her face.” Ten complainants challenged whether the claim “wool is just as cruel as fur” was misleading and could be substantiated. ASA upheld the challenge and ruled that the ad “must not appear in its current form” and “told PETA not to use the claim ‘wool is just as cruel as fur’ in [the] future.” Continue reading “UK Advertising Standards Authority Bans PETA Ad As “Misleading” and Lacking Substantiation”
By: Michelle C. Pardo
Known for its “Dairy Done Right” marketing campaign, Tillamook County Creamery Association (“Tillamook”), which produces dairy products like cheese, yogurt, ice cream and butter, is the latest target of a consumer fraud lawsuit filed this week in Oregon state court (Multnomah County). Animal rights group Animal Legal Defense Fund (ALDF) is co-counsel to four Oregon residents and a class of similarly situated consumers who claim Tillamook uses deceptive representations when advertising and marketing its dairy products, which is likely to confuse or mislead customers. Continue reading “Goodbye Big Food, Hello Lawsuit: Animal Rights Group Files Case Over Dairy Product Marketing”
by John M. Simpson.
On August 20, 2019, a panel of the State of Connecticut Judicial Branch Appellate Court officially released a decision affirming the dismissal of an action that had been brought seeking habeas corpus relief for three elephants maintained at a zoo in Goshen, Connecticut. Nonhuman Rights Project, Inc. v. R. W. Commerford and Sons, Inc., No. AC 41464 (Conn. App. Aug. 20, 2019). The petitioner Nonhuman Rights Project sought to represent the elephants as their “next friend” seeking to vindicate what was described as the animals’ “common-law right to bodily liberty.” The lower court dismissed the case on the grounds that petitioner lacked standing and, alternatively, that the petition was “wholly frivolous.” Continue reading “Connecticut Appellate Court Denies Habeas Relief for Elephants”
by John M. Simpson.
Yesterday, in Animal Legal Defense Fund v. U.S. Department of Agriculture, et al., ___ F.3d ___, No. 18-16327 (9th Cir. Aug. 12, 2019), the U. S. Court of Appeals for the Ninth Circuit affirmed a summary judgment of the U.S. District Court for the Northern District of California holding that a Bengal tiger is not an “individual” within the meaning of the Freedom of Information Act (FOIA). The case had been brought by the Animal Legal Defense Fund (ALDF) after the U.S. Department of Agriculture (USDA) denied ALDF’s request for expedited treatment of its FOIA request for records concerning an inspection request regarding a tiger named “Tony.” Continue reading “9th Circuit Rejects Animal Rights Organization’s Claim That a Bengal Tiger is an “Individual” Under FOIA”
by Michelle C. Pardo
The leader and co-founder of West-coast based animal activist group Direct Action Everywhere (DxE), Wayne Hsiung, announced yesterday that he will be stepping down from his leadership position at DxE and explained to his followers “why that’s a good thing.” DxE had become known for its “open rescues” — essentially stealing farm animals in order to “liberate” them — and mass arrests of the activist participants. In these raids, activists openly enter farms, usually at night, and “rescue” animals. They often videotape the incident and release it to various media forums. DxE’s “Organizer’s Handbook” states that the activists involved do not hide their identities so as to avoid being compared to “criminals, vandals and terrorists.” DxE has also favored storming into restaurants and yelling at patrons about eating meat and entering grocery stores and climbing into food cases to protest. One particular disgusting protest involved a DxE activist covering herself in feces at a San Francisco grocery store to protest that eggs come from laying hens that allegedly sit in their own waste. Many of DxE’s members have boldly embraced these extremist techniques even if they involve criminal activity, such as trespassing or stealing. Former leader Hsiung has asked fellow activists before such raids if they are “comfortable” with the possibility of doing jail time. Continue reading “Animal Activist Leader Steps Down In Advance of Multiple Criminal Trials”
by Michelle C. Pardo
If you thought animal and environmental activists had already pushed the envelope far enough in the world of federal court litigation, think again.
This week, an Oregon federal judge ruled that a group of plaintiffs – made up of animal and environmental activist organizations and individuals – do not have a constitutional “right to wilderness” and dismissed with prejudice their lawsuit which sought to force the federal government to cease policies that contributed to climate change that, in turn, harmed plaintiffs’ enjoyment of nature and wildlife. ALDF et al. v. United States, (6:18-cv-01860-MC)(D. Oregon). Continue reading “Animal Activist Group Loses “Right to Wilderness” Lawsuit”
by John M. Simpson.
We have reported previously (here and here) on an ongoing back and forth between animal rights group People for the Ethical Treatment of Animals (PETA) and Jimmy’s Famous Seafood, a seafood restaurant in Baltimore, Maryland. PETA started it with a billboard advertisement in which a Maryland crab proclaimed “I’m ME, not MEAT. See the individual. Go Vegan.” Jimmy’s responded with its own billboard asserting: “SteaMEed crabs. Here to stay. Get Famous.” Jimmy’s also trolled PETA on Twitter with humorous effect with hashtags like “#SteamThemAll.” This tactic reportedly had the effect of boosting Jimmy’s sales. Continue reading “Baltimore Seafood Restaurant Continues to Needle PETA”
by John M. Simpson.
Animal rights enthusiasts have a knack for pushing the envelope in their various arguments that legal rights should be recognized for a wide variety of animal species. For example, it was reported recently that People for the Ethical Treatment of Animals (PETA) tweeted in connection with World Oceans Day that “Oysters and other bivalves are animals who deserve our consideration.” Against this backdrop, a recent decision of the Supreme Judicial Court of Maine raised an interesting issue. Ross v. Acadian Seaplants, Ltd., 206 A.3d 283 (Me. 2019), presented the question whether “rockweed,” a species of seaweed in Maine that grows in the intertidal zone, is owned by the adjoining upland property owner who owns the intertidal soil in fee simple or is held in trust by the state through the jus publicum for the public to harvest. Continue reading “Maine’s Top Court Rules Harvesting Seaweed Is Not “Fishing””
by Michelle C. Pardo
On May 21, 2019 Representatives Raul M. Grijalva (D-AZ) and David Schweikert (R-AZ) introduced the Traveling Exotic Animal and Public Safety Protection Act (TEAPSPA), a bill that would amend the federal Animal Welfare Act to prohibit the use of exotic and wild animals, including lions, tigers and elephants, in traveling performances. The bill had previously been introduced in 2017. Continue reading “Animals and Politics: Traveling Exotic Animal Ban Reintroduced”
