Animals And The Law: Who's Responsible?

Animals have long been considered property under the law, with little regard for their sentience and capacity for pain and pleasure. However, there is a growing movement to recognize animals as living, feeling beings with legal rights. This shift in perspective has resulted in the enactment of various animal protection laws at the federal, state, and local levels in the United States. These laws aim to prevent animal cruelty, regulate the treatment of animals in research, and ban certain practices such as intensive confinement farming and the use of wild animals in performances. While progress has been made, there is still work to be done to ensure that animals' legal rights are respected and protected in courts.

Animals as property

Animals are considered property under the law in many Western nations. Historically, US law treated animals as objects and only prohibited the abuse of animals owned by other people, while allowing the abuse of animals considered one's own property. While the legal status of animals has evolved since then, recognising them as living, feeling beings with some rights, they are still largely considered property. This means they can be bought, sold, bred, and killed for profit, often without consideration for their sentience.

The classification of animals as property under the law has severe limitations on the type of legal protection they receive. While basic care laws requiring people to provide food, water, shelter, and veterinary aid to animals can be found at every level of the US legal system, these laws often contain exemptions for certain industries or practices. For example, farmed animals are frequently excluded from state animal protection laws, and many animal cruelty laws include broad exemptions that permit cruelty towards farmed animals as long as it is considered a standard agricultural practice.

However, there are some ways in which the law recognises animals as living, feeling beings. For instance, all 50 US states have enacted animal cruelty statutes that protect the interests of animals themselves, making it illegal to cause animal suffering. Additionally, some cities and counties have passed ordinances to protect animals, and there are also a handful of federal animal protection laws, such as the PACT Act, which bans certain forms of animal cruelty, and the Lacey Act, which prohibits illegal wildlife trafficking.

While the legal status of animals as property has changed somewhat from mere objects to entities with some rights, there is still much work to be done to achieve full recognition of animals as living, feeling beings with appropriate legal rights. Advocates for animal rights argue that the legal classification of animals must change to reflect their capacity for pain, pleasure, joy, sorrow, fear, and contentment. This change in classification would enable the extension of more meaningful legal rights to animals and ensure their protection under the law.

Animal protection laws

In the United States, animal protection laws can be enacted and enforced at various levels of government, including federal, state, and local laws. Most animal protection legislation occurs at the state level, with all fifty states having their own animal welfare and anti-cruelty statutes. These laws vary across states and cover a range of issues, such as animal cruelty, commercial breeding, retail sale of pets, and farm animal confinement. For example, anti-tethering laws restrict how long animals can be chained outdoors, and "hot car laws" criminalize leaving animals in vehicles during extreme weather. Additionally, some states have banned the use of wild animals in performances, such as Illinois and New York's ban on elephants in entertainment.

At the federal level, there are a limited number of animal protection laws. The Animal Welfare Act (AWA), enacted in 1966 and amended several times since, is the primary federal law regulating the treatment of animals in research, teaching, testing, exhibition, transport, and by dealers. It mandates minimum standards of care and treatment for certain animals, including those bred for commercial sale and those used in specific industries. The PACT Act (Preventing Animal Cruelty and Torture Act), enacted in 2019, criminalizes specific egregious forms of animal cruelty, such as crushing, burning, and sexual exploitation. The Lacey Act, enacted in 1900, was the first federal law to protect wild animals by prohibiting illegal wildlife trafficking and the falsification of related documents.

Despite these advancements, there is still work to be done to improve animal protection laws and ensure their effective enforcement. Courts and government agencies sometimes hesitate to recognize animals' legal standing and enforce protection laws, respectively. Additionally, exemptions in cruelty laws, such as for standard agricultural practices, can undermine the laws' effectiveness. Therefore, advocates continue to push for stronger legislation and expanded enforcement mechanisms to better protect animals' rights and well-being.

Animal cruelty laws

Animals are living, feeling beings and should be treated as such under the law. In the United States, animal protection laws can be enacted and enforced at every level of government, although most legislation happens at the state level. While all fifty states have an animal cruelty statute, the legal system still largely considers animals to be "property", and they are deprived of meaningful legal rights.

In Texas, animal cruelty is punishable by civil and criminal laws. Civil laws have a broader scope and do not differentiate between domestic and wild animals, while criminal laws only apply to non-livestock animals and livestock animals under a person's care and control. If a judge rules that a person has been cruel to animals, they may take away their animals and order them to pay restitution. If prosecuted in a criminal case, a person may face penalties including fines, jail, community service, and/or probation.

Some other examples of animal cruelty laws include anti-tethering laws, which limit how long animals can be tied up or chained outside, especially in extreme weather; and "hot car laws", which criminalize leaving an animal in a vehicle in extreme weather. Additionally, wild animal performance bans have been enacted in some states, such as Illinois and New York, which passed bans on the use of elephants in entertainment to safeguard their physical, mental, and emotional health.

Basic care laws

At the federal level, the Animal Welfare Act (AWA) is a key piece of legislation that sets minimum standards for the care and treatment of animals. The AWA covers animals bred for commercial sale, used in research, teaching, or testing, transported commercially, or exhibited to the public. It requires wholesale breeders and dealers supplying animals to various industries to be licensed and to meet humane care standards. The Health Research Extension Act of 1985 (HREA) also plays a role in ensuring the proper care and treatment of animals, including veterinary medical support and nursing care.

State-level legislation also includes basic care requirements. Each state has laws governing the "hands-on" care of animals, such as regulations for animal shelters, vaccination mandates, and commercial breeding practices. Additionally, states have wildlife protection laws and regulations for sanctioned hunting and fishing practices.

While the legal system often considers animals as "property," there is a growing recognition of their status as living, feeling beings. Basic care laws reflect this evolving perspective by mandating that individuals responsible for animals provide for their basic needs, including food, water, shelter, and veterinary aid. This obligation extends beyond legal ownership, protecting a range of animals from pets to wildlife.

Furthermore, anti-tethering laws are gaining popularity, limiting how long animals can be chained outdoors, especially in extreme weather conditions. "Hot car laws" also protect animals from being left unattended in vehicles during extreme weather, allowing rescuers immunity from civil or criminal liability. These laws demonstrate a shift towards recognizing animals' legal rights and ensuring their basic care and protection.

Anti-tethering laws

Definition of Tethering

Tethering refers to the act of restraining an animal, typically a dog, to a stationary object using a rope, chain, or other thin material. The animal may be tied up for a prolonged period, unable to move freely beyond a certain radius.

Impact of Tethering

The practice of tethering has been linked to increased aggression and stress in dogs, leading to higher rates of dog bites and related fatalities. In South Carolina, for example, half of the reported severe dog bite incidents involved tethered dogs. This raises concerns about public safety and has prompted calls for anti-tethering legislation in various states.

State-Specific Laws

The specifics of anti-tethering laws vary from state to state. For instance, California prohibits tethering a dog to a stationary object for more than three hours in a 24-hour period. Meanwhile, Pennsylvania's law focuses on extreme weather conditions, prohibiting the tethering of dogs outdoors for more than 30 minutes when temperatures exceed 90 degrees or fall below 32 degrees Fahrenheit. Other states, such as Indiana, Michigan, and Pennsylvania, mandate that the length of the tether must be at least three times the length of the dog to ensure sufficient freedom of movement.

Benefits of Anti-Tethering Laws

While some dog owners may find these laws inconvenient, the benefits to animal welfare and public safety outweigh the costs. Anti-tethering laws not only improve the well-being of animals but also contribute to creating safer communities.

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