{"id":125,"date":"2018-11-14T16:05:00","date_gmt":"2018-11-14T20:05:00","guid":{"rendered":"http:\/\/blogs.duanemorris.com\/animallawdevelopments\/?p=125"},"modified":"2018-11-14T16:05:00","modified_gmt":"2018-11-14T20:05:00","slug":"voters-approve-two-key-animal-related-ballot-initiatives","status":"publish","type":"post","link":"https:\/\/blogs.duanemorris.com\/animallawdevelopments\/2018\/11\/14\/voters-approve-two-key-animal-related-ballot-initiatives\/","title":{"rendered":"Voters Approve Two Key Animal-Related Ballot Initiatives"},"content":{"rendered":"<p>By John M. Simpson.<\/p>\n<p>Two animal-law-related measures of note were passed during the recent mid-term elections.<\/p>\n<p><em><strong>Proposition 12.<\/strong><\/em>\u00a0 In California, voters approved Proposition 12 which establishes new standards for the confinement of certain farm animals.\u00a0 The<a href=\"https:\/\/vig.cdn.sos.ca.gov\/2018\/general\/pdf\/topl.pdf#prop12\"> measure\u00a0<\/a>sets new minimum requirements for farmers as to space for egg-laying hens and calves raised for veal (to be adopted by 2020) and for breeding pigs (to be adopted by 2022).\u00a0\u00a0The standards apply, not only to\u00a0eggs,\u00a0pork and veal produced in California but also to such products imported into the state and produced elsewhere.<!--more--><\/p>\n<p>Interestingly, the initiative appeared to divide the animal rights community.\u00a0 Organizations such the Humane Society of the United States (HSUS) and the American Society for the Prevention of Cruelty to Animals (ASPCA) backed the measure, but People for the Ethical Treatment of Animals (PETA) and <a href=\"https:\/\/stoptherottenegginitiative.org\/\">Stop the Rotten Egg<\/a> Initiative run by Californians Against Cruelty, Cages and Fraud opposed it.\u00a0 The latter organization took a particularly hard line against its fellow activist group, HSUS:<\/p>\n<blockquote><p>&#8220;When women mobilized against the toxic culture at HSUS, it stemmed from multiple allegations of sexual harassment and misconduct against Proposition 12&#8217;s chief architect, now former CEO Wayne Pacelle.\u00a0 HSUS&#8217;s first response was to question the women&#8217;s integrity.\u00a0 That tactic is now being used against conscientious animal advocates opposed to Proposition 12.\u00a0 The inescapable reality is this:\u00a0 If not for HSUS&#8217;s deceitful malpractice, California hens would be cage-free at<em> this very moment<\/em>.&#8221;<\/p><\/blockquote>\n<p>The new law built upon a prior measure adopted in 2008 and effective 2015 (Proposition 2) which also imposed space requirements but did not reach products produced out-of-state but sold in-state.\u00a0 Given the impact upon interstate commerce,\u00a0it remains to be seen whether Proposition 12 will withstand the inevitable dormant commerce clause challenge.\u00a0 The so-called King Amendment to the currently pending Farm Bill would, if adopted,\u00a0nullify\u00a0this type of state-law measure.\u00a0 Apart from the legal issues, there also is concern about what the measure will do to the cost of eggs, pork and veal\u00a0sold in California.\u00a0 \u00a0One outlet\u00a0<a href=\"https:\/\/www.usatoday.com\/story\/news\/politics\/elections\/2018\/11\/04\/elections-2018-farm-animals-could-get-new-rights-california\/1839574002\/\">reported<\/a>\u00a0that Proposition 12\u00a0would add between $.50 to $1.00 to the price of a carton of eggs.<\/p>\n<p><strong><em>Amendment 13.<\/em><\/strong>\u00a0 Florida voters adopted this ballot initiative which, effective at the end of 2020,\u00a0will ban greyhound racing within the state.\u00a0 While the vote in favor of this measure (69 percent,\u00a09 percent more than required) was substantial, it is unclear whether voters focused on the effect this law will have on the dogs.\u00a0 In addition to the approximately 3,000 human jobs <a href=\"https:\/\/www.wftv.com\/news\/local\/sanford-orlando-kennel-club-owners-worry-what-will-happen-to-dogs-if-race-ban-passes\/863864998\">projected<\/a> to be\u00a0lost, thousands of greyhounds will be affected.\u00a0 Florida is home to 11 of the 17 tracks in the U.S.\u00a0and some <a href=\"https:\/\/www.wuft.org\/news\/2018\/11\/13\/greyhound-adoptions-to-rise-after-florida-passes-amendment-13\/\">reports<\/a>\u00a0estimate that as many as 8,000 greyhounds will be idled by the new\u00a0law.\u00a0 Racing them elsewhere is not likely given that Florida represents about two-thirds of the greyhound racing industry in the U.S.\u00a0\u00a0The shelter and\u00a0adoption\u00a0organization community has not heretofore been confronted with absorbing this\u00a0many additional homeless\u00a0animals in such a relatively abbreviated period of time.\u00a0 What is perhaps worse,\u00a0the law did not allocate any funds for handling the animals affected by the ban.\u00a0 As one <a href=\"https:\/\/www.bbc.com\/news\/world-us-canada-46145276\">report<\/a> glumly noted, &#8220;too many dogs coupled with too few adoptions could lead to trainers euthanizing the animals when their upkeep becomes unaffordable.&#8221;<\/p>\n","protected":false},"excerpt":{"rendered":"<p>By John M. Simpson. Two animal-law-related measures of note were passed during the recent mid-term elections. Proposition 12.\u00a0 In California, voters approved Proposition 12 which establishes new standards for the confinement of certain farm animals.\u00a0 The measure\u00a0sets new minimum requirements for farmers as to space for egg-laying hens and calves raised for veal (to be &hellip; <\/p>\n<p class=\"link-more\"><a href=\"https:\/\/blogs.duanemorris.com\/animallawdevelopments\/2018\/11\/14\/voters-approve-two-key-animal-related-ballot-initiatives\/\" class=\"more-link\">Continue reading<span class=\"screen-reader-text\"> &#8220;Voters Approve Two Key Animal-Related Ballot Initiatives&#8221;<\/span><\/a><\/p>\n","protected":false},"author":317,"featured_media":0,"comment_status":"closed","ping_status":"closed","sticky":false,"template":"","format":"standard","meta":{"footnotes":""},"categories":[2],"tags":[49,179,181,180,178,182,149,148,117,45],"ppma_author":[697],"class_list":["post-125","post","type-post","status-publish","format-standard","hentry","category-general","tag-animal-law","tag-aspca","tag-ballot-initiatives","tag-dormant-commerce-clause","tag-farm-animal-confinement","tag-farm-bill","tag-greyhound-racing","tag-greyhounds","tag-hsus","tag-peta"],"authors":[{"term_id":697,"user_id":317,"is_guest":0,"slug":"jmsimpson","display_name":"John M. Simpson","avatar_url":"https:\/\/blogs.duanemorris.com\/animallawdevelopments\/wp-content\/uploads\/sites\/38\/2018\/06\/simpsonjohn-125x150.jpg","0":null,"1":"","2":"","3":"","4":"","5":"","6":"","7":"","8":""}],"_links":{"self":[{"href":"https:\/\/blogs.duanemorris.com\/animallawdevelopments\/wp-json\/wp\/v2\/posts\/125","targetHints":{"allow":["GET"]}}],"collection":[{"href":"https:\/\/blogs.duanemorris.com\/animallawdevelopments\/wp-json\/wp\/v2\/posts"}],"about":[{"href":"https:\/\/blogs.duanemorris.com\/animallawdevelopments\/wp-json\/wp\/v2\/types\/post"}],"author":[{"embeddable":true,"href":"https:\/\/blogs.duanemorris.com\/animallawdevelopments\/wp-json\/wp\/v2\/users\/317"}],"replies":[{"embeddable":true,"href":"https:\/\/blogs.duanemorris.com\/animallawdevelopments\/wp-json\/wp\/v2\/comments?post=125"}],"version-history":[{"count":0,"href":"https:\/\/blogs.duanemorris.com\/animallawdevelopments\/wp-json\/wp\/v2\/posts\/125\/revisions"}],"wp:attachment":[{"href":"https:\/\/blogs.duanemorris.com\/animallawdevelopments\/wp-json\/wp\/v2\/media?parent=125"}],"wp:term":[{"taxonomy":"category","embeddable":true,"href":"https:\/\/blogs.duanemorris.com\/animallawdevelopments\/wp-json\/wp\/v2\/categories?post=125"},{"taxonomy":"post_tag","embeddable":true,"href":"https:\/\/blogs.duanemorris.com\/animallawdevelopments\/wp-json\/wp\/v2\/tags?post=125"},{"taxonomy":"author","embeddable":true,"href":"https:\/\/blogs.duanemorris.com\/animallawdevelopments\/wp-json\/wp\/v2\/ppma_author?post=125"}],"curies":[{"name":"wp","href":"https:\/\/api.w.org\/{rel}","templated":true}]}}