Animals gaining more rights under state laws

PORTLAND, Ore. (AP) — Some things shouldn’t happen, even to a dog. But they do.

In Pennsylvania last year, a warden ordered two kennel operators to examine some of their charges for fleas. Instead, Elmer Zimmerman of Kutztown shot 70 dogs; his brother Ammon, who had a kennel next door, shot 10.

Horrible, yes, said Jessie Smith, the state’s special deputy secretary for dog law enforcement, when the killings were reported. “But it’s legal.”

No more. Partly because of outrage over the shootings, dogs in Pennsylvania kennels now can be euthanized only by a veterinarian, and the state keeps a tighter leash on the “puppy mills.”

Changes in animal law have come, and not just to Pennsylvania. Other incidents of abuse and a shifting national consciousness have made this one of the fastest-growing fields in the legal profession. In 1993, just seven states had felony animal cruelty laws; today, all but four do.

“Animal law is where environmental law was 20 years ago. It’s in its infancy but growing,” said Pamela Frasch, who heads the National Center for Animal Law at Lewis & Clark Law School in Portland, where she has been an adjunct professor for 10 years.

Lewis & Clark opened the first Animal Legal Defense Fund chapter in 1992. Today it has branches at more than 115 law schools in the United States and Canada.

In 2000, nine law schools had animal law studies. Today about 100 do.

“The reason it is getting taught is student demand,” said professor David Favre, who teaches animal law at Michigan State University College of Law and is a top authority in the field. “It’s not because tenured professors wanted to teach it, it’s that students want to take it.”

Favre said most animal law cases in private practice deal with issues such as dangerous dogs, divorce settlements, purchases or other property-related activities.

But it is the animal-rights cases that draw attention. And though there have been advances in recent years, some issues remain unsettled. Should pets have more rights than livestock or wild animals? Are some species more deserving of protection?

The concept that animals have rights, as humans do, appeals to many, but not Portland attorney Geordie Duckler, who noted in a legal column in Bark magazine that an owner can have a dog euthanized or end an animal’s pregnancy.

Duckler, who also holds advanced degrees in biology and zoology, said writings and advocacy by animal rights activists tend to be limited to mammals alone.