Blog – Animal Law Update

http://animallaw.foxrothschild.com/

Join our team of seasoned attorneys as they offer valuable insight to proposed regulatory and statutory amendments that may impact your animal-related businesses or activities.

Recent Blog Posts

  • California Apartment Owner Pays $100,000 to Settle Emotional Support Animal Fair Housing Case By Scott M. Badami originally posted on January 22, 2018. Many times the cases with what look like the most egregious set of facts are the ones that get the most publicity. To that end, a fair housing case in California just settled with the owner of several apartment complexes and rental homes agreeing to pay $100,000 to conclude a disability discrimination action involving emotional support animals. The complaint (which started as an administrative action with HUD filed by a local fair housing advocacy group)... More
  • SeaWorld’s Motion for Summary Judgment Granted in Part and Denied in Part. The lawsuit filed against SeaWorld Parks and Entertainment, Inc. (SeaWorld) in the Northern District of California, styled Marc Anderson, et al. v. SeaWorld Parks and Entertainment, Inc. has been ongoing since May 14, 2015. The Court recently ruled on SeaWorld’s Motion for Summary Judgment, which it granted in part and denied in part.  Marc Anderson, et al. v. SeaWorld Parks and Entertainment, Inc., No. 15-02172, slip op. (N.D. Cal. Feb. 20, 2018). As a reminder, three plaintiffs brought individual and putative class... More
  • Links between animal cruelty and violent acts against people In the wake of mass shootings, legislators across the country have been introducing bills to address the tragic and needless loss of life-some good, others not so much. In New Jersey, a set of sister bills (S2239 and A3693) have been introduced that would prohibit possession of a firearm by any person convicted of “any crime or offense constituting animal cruelty enumerated under chapter 22 of Title 4 of the Revised Statutes [the Statute].” While there are certainly some offenders that should... More
  • Virginia Offers Guidance For Confirming That Medical Verifications for Emotional Support Animals Are Legitimate By Scott M. Badami originally posted on February 27, 2018. It is clear that just about all (if not all) of the federal, state, and local fair housing agencies are dealing with the exponential growth of online medical verifications for emotional support animals (ESA’s). I have addressed any number of ESA issues in this space. Professional apartment management companies continue to look for the appropriate sweet spot of ensuring that everyone with a legitimate disability is granted the accommodation they need, while at the... More
  • Equine Herpesvirus Myeloencephalopathy (EHM)—a devastating, infectious neurological disease affecting horses—continues to threaten equine health. Equine herpes virus-1, a sometimes deadly virus that can cause myeloencephalopathy in some infected horses (Equine Herpesvirus Myeloencephalopathy or EHM), has surfaced at one horse farm in Union County, NJ, as reported by the New Jersey Department of Agriculture on March 20, 2018 and in theHORSE on March 21, 2018. The second horse had an elevated temperature and was showing respiratory signs, but no neurological signs were noted by the attending veterinarian. The first horse was moved into the isolation barn on... More
  • Court Issues Guidance Concerning Evaluating When an Animal Might Be a “Direct Threat” We have previously published blogs about the increasing impacts to businesses and people from misrepresentations about service and emotion support dogs.  See, e.g., New York Makes it Unlawful to Misrepresent Dogs as Service Animals.  We are pleased to post several blogs from partner Scott M. Badami who advises companies, private institutions and individuals on compliance with various federal and state laws, including the Fair Housing Act, Americans with Disabilities Act.  Scott is the founder and editor of the firm’s Fair Housing Defense Blog,... More
  • Increasingly popular backyard chickens should be permitted but regulated to protect human and animal health. An interesting study about ordinances governing backyard poultry ownership in Colorado was recently published, titled “A Method for Guarding Animal Welfare and Public Health: Tracking the Rise of Backyard Poultry Ordinances” (the “Report”). The Report “tracks the development of municipal ordinances, with attention to provisions for animal health and welfare and significant concerns for public health.” Public and animal health officials, as well as large commercial poultry operations, have been concerned about the spread of infectious, contagious diseases, such as avian influenza... More
  • It is time to amend the New Jersey Equestrian Activities Liabilities Act New Jersey proposed bills S2037 and A1050 would revise the State’s “equine animal activities law in accordance with recommendations of New Jersey Law Revision Commission to clarify responsibility and liability issues.” The New Jersey Law Revision Commission issued its final report on May 22, 2014 in which it: [r]ecommend[ed] . . . modification of current statute to address an issue raised by the 2010 New Jersey Supreme Court in Hubner v. Spring Valley Equestrian Center[, 203 N.J. 184 (2010)]. The Court found... More
  • The latest version of New Jersey’s Nosey’s Law needs a nose job. S1093 and A1923, the latest versions of Nosey’s law, a bill that originally would have prohibited the use of elephants in traveling animal acts, has now expanded its reach to “prohibit the use of [all] wild or exotic animal traveling animal acts.” Why is this a concern?  There are many legitimate animal exhibitions that inform and educate the public about exotic and wild animals that would be prohibited if this bill were to become law. The current version of this bill, originally... More
  • A proposed “Humane” license plate in New Jersey would dilute an existing program that helps pets and their owners. A set of bills introduced in the New Jersey legislature would dilute funds from the decades-long spay neuter program overseen by the Department of Health, to the detriment of pets and their owners. New Jersey bill S883 and sister bill A 2197 would authorize the New Jersey Motor Vehicle Commission “to issue special Humane State license plates . . . [and] [a]fter the deduction of the cost of designing, producing, issuing, renewing, and publicizing the plates and of any computer programming... More