Committee on Legal Issues Pertaining to Animals and the Law

First Annual Conference, Saturday, October 28, 1995

by Marvin Finkelsten

This meeting was held under the auspices of the Association of the Bar of the City of New York, 42 West 44th Street , New York, NY. B.A.B.A. director Marvin Finkelstein, accompanied by member Ethel Buchbinder, attended this meeting to represent B.A.B.A.; the following reports the significant issues and points discussed.

Attendance (250-300)

There was a large turnout consisting of a diverse group composed of lawyers, veterinarians, animal rights activists, animal rescuers, government, police representatives and media.

Cruelty to animals.

It appears that "when he kicks the dog, he is just warming up, you are next."

Children learn from adults about ritualistic cruelty to animals. A significant number of children of battered women hurt or kill animals.

Animal cruelty cases almost never reach the District Attorney's office. Witnesses are not willing to file complaints or go to court. Animals cannot testify in court. When and if a case reaches the DA, plea bargaining is the usual procedure. Convictions are rare, and the penalty is only a misdemeanor. When there are no court cases, there is no law. The definition of animal abuse is vague.

Housing Law

Before one gives up a wanted pet due to housing problems, consultation with a knowledgeable attorney is advised. (An attorney attending the conference who specializes in pets and housing is: Daryl Vernon of Vernon and Ginsberg, NYC.)

Organizations

CACC - In NYC, the Rescue and Shelter duties of the ASPCA have been turned over to the Center for Animal Care and Control (CACC), 326 East 110th Street, New York, NY 10029, telephone (212) 722-3620. The Shelter Director is Scotland Haisley. The Brooklyn Shelter can be reached at (718) 262-7200.

CACC was created in January 1995 by the City of New York. It is regulated by the NYC Department of Health, and is funded in part by New York City. CACC was represented at the conference, and cited statistics of how well it was doing. Other representatives questioned the statistics. It seems much to soon to judge how well they are doing.

City Critters - A Lower Manhattan cat rescue group headed by Ms. Holly Staver, who appeared to be a sincere and dedicated individual.

Legal Action for Animals - A group of volunteer attorneys devoted to animal protection. They may be reached at Legal Action for Animals, 119-20 80th Avenue, Kew Gardens, NY 11415, telephone (718) 544-0604, and a copy of their brochure is included in this issue of SQUAWK.

Animal Law

Animal Rights.

The USA - We are a modern country, and until recently humans were considered property. There is limited law in favor of horses and food animals with regard to slaughter protection. The laws do not extend to any noticeable degree beyond the farm.

Pets are Property - A dog that lives in a junk yard (A Junk Yard Dog), sleeps under a truck, drinks from a rain puddle and eats what's thrown at him, is, under the law, housed and fed. We cannot, under the law as it currently exists, tell another how to keep pets.

Estate Planning for Pets -- Pets can't inherit property. A pet owner who wishes to provide for pets (after that person's death, or during an inability to care for the pets) must appoint someone to look after the pets.

An attorney specializing in this area is:
Frances Carlisle, 20 Waterside Plaza, Suite 12D, New York, NY 10010, telephone (212) 213-0172.

A pamphlet on this topic was provided at the Conference by the Association of the Bar of the City of New York. (Copies of this pamphlet have been reproduced; one can be obtained by calling B.A.B.A.'s phone line). The Bar Association has no more originals; funds to print them ran out, and new funds (which may or may not be budgeted) will not be available until next year.

Synopsis

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