Monday, January 12, 2009

Free Speech and Cruelty to Animals

It has been said that the enshrinement of free speech and press in the First Amendment gives those civil liberties a “preferred position” in the constitutional pantheon because they make possible all other rights of Americans.

Although the “preferred position” notion has never commanded a majority decision of the Supreme Court of the United States, still, First Amendment rights have long been considered of paramount importance even though several exceptions have been carved into them by the Supreme Court of the United States. For example, so-called “fighting words,” obscenity and defamation are unprotected. “Commercial speech,” is sometimes protected, sometimes unprotected.

Not often do constitutional rights of free speech or religion clash in the Supreme Court of the United States with those of animal rights. They did, however, in the case of Church of the Lukumi Babalu Aye, Inc. v. City of Hialeah, Florida, 508 U.S. 520 (1993). The case involved an ordinance of the City of Hialeah, Florida, which prohibited the Santeria cult from sacrificing animals as part of its barbaric “religious” ceremony. (Professor Henry Mark Holzer, ISAR’s chairman, in behalf of ISAR and eleven other animal protection organizations filed amicus curiae (friend-of-the-court) briefs in the Supreme Court in support of the City of Hialeah. For copies of both briefs, CLICK HERE.)

The Hialeah Court unanimously (9-0) ruled the ordinance unconstitutional, as an infringement of the Santerians freedom of religion.

Now, another case is headed for the Supreme Court which also raises First Amendment (speech) and animal rights (cruelty) issues.

A 1999 federal law made it a crime to “create, sell, or possess” depictions of illegal cruelty to animals, especially so-called “crush videos,” the nature of which I leave to the reader’s imagination.

It’s important to understand that the law did not criminalize the illegal cruelty itself, which was and is a crime under the laws of all fifty states. It criminalized, in essence, dissemination of the depictions of illegal cruelty. To the extent that dissemination of videos, DVDs, movies, books, magazines and other graphic materials are exercises of speech (and often press) rights, the federal felony statute seemingly created another exception to First Amendment protections.

A legal search of the home of a Virginia man, Robert J. Stevens, turned up three videos depicting illegal cruelty to animals which were introduced, narrated and commented on by him, together with accompanying printed material of which he was the author.

Stevens was indicted on three counts of violating the statute, convicted, and sentenced to 37 months in prison and three years of supervised release.

On appeal, the United States Court of Appeals for the Third Circuit (in a 10-3 vote) ruled the law to be an unconstitutional abridgment of Steven’s First Amendment right of free speech, and threw out his conviction.

The court majority’s decision turned on whether the First Amendment’s free speech guaranty was outweighed by the federal government’s interest in prohibiting dissemination of depictions of illegal animal cruelty. As the dissenting three judges wrote:

The majority today declares that that the Government can have no compelling interest in protecting animals from intentional and wanton acts of physical harm, and in doing so invalidates as unconstitutional a federal statute targeting the distribution and trafficking of depictions of these senseless acts of animal cruelty. Because we cannot agree, in light of the overwhelming body of law across the nation aimed at eradicating animal abuse, that the Government’s interest in ensuring the humane treatment of animals is anything less than of paramount importance, and because we conclude that the speech prohibited by [the statute] to be of such minimal redeeming social value that its restriction may be affected consistent with the First Amendment, we respectfully dissent.
Thus, what separated the majority and the dissent—what separated the statute’s unconstitutionality from its constitutionality—was application of the test employed by the Supreme Court of the United States when “fundamental rights” such as free speech are restricted by legislation: does the law serve a “compelling government interest and, if it does, is the law “narrowly tailored” to achieve the sought goal? If it does and is, the law will be upheld; if not, not.
United States v. Stevens is headed for the Supreme Court of the United States, the government having filed a Petition for Writ of Certiorari on December 15, 2008.

It is common knowledge that few cases seeking Supreme Court review obtain it. Less well known is that the government’s score card is between fifty and seventy percent, odds which substantially increase when a federal court of appeals has held a federal statute unconstitutional.

If the Court grants review, International Society for Animal Rights will seek permission to submit an amicus curiae (“Friend-of-the-Court”) brief. If permission to file ISAR’s brief is granted, it will be prepared by our chairman, Henry Mark Holzer, Professor Emeritus at Brooklyn Law School.

ISAR’s position will be that, accepting as law of the land the Court’s “compelling interest/narrowly tailored” test, the federal statute declared unconstitutional by the Third Circuit in the Stevens case satisfied those requirements.

While the Solicitor General representing the United States (and doubtless various amici curiae) will appropriately focus on the government interest in prohibiting the dissemination of depiction of cruelty to animals per se, ISAR’s brief will address the philosophic and moral premises for animal rights, making arguments which are at the foundation for the anti-cruelty laws’ very existence.

ISAR extends an invitation to other animal protection organizations to join our brief, per the following procedure:

When a draft of ISAR’s brief is ready, it will be posted on our website.

Organizations interested in joining the brief, at no cost to themselves, will be able to do so by downloading a pdf letter of agreement, having it executed by the proper party, and returning it to ISAR. (There will be no negotiation as to the brief’s contents.)

Any organization wishing to be kept abreast of developments in this case, and to be notified that the draft brief has been posted, can do so only by signing up to receive ISAR's E-Newsletter.

Saturday, November 8, 2008

Half A Loaf

The animal rights/welfare movement here and abroad is awash in proposed legislation (see ISAR's Model Mandatory Spay/Neuter statute), much of which will never be enacted or, if enacted, never enforced.

So the question is whether it is cause for rejoicing when pro-animal legislation actually becomes law.

We have seen three examples in as many months.

The Swiss have enacted a sweeping animal protection law. It includes handling guidelines for cats, dogs, sheep, goats and horses. There is a six-hour time limit for the transportation of livestock. Piglets cannot be castrated without anaesthesia.

Massachusetts has banned greyhound racing throughout the Commonwealth.

A California ballot initiative has just been approved that seeks to provide more living space to animals raised for human food: "Certain farm animals [shall] be allowed, for the majority of every day, to fully extend their limbs or wings, lie down, stand up and turn around."

However, the Swiss law allows dairy farmers to keep their cattle tied up in stalls for 240 days of the year. Tie-stalls for horses are to be phased out over five years. Zoo animals, like rhinos, can be confined in small winter quarters. Wild animals in circuses are still permitted (though banned in neighboring Austria).

The Massachusetts greyhound ban does not become effective until 2010.

California's "living space" initiative gives farmers until 2015 to shift to more humane animal production systems.

Yet, for some in the animal rights/welfare movement these measures are not only not enough (and they aren't!), but the laws are to be disdained because they don't go far enough.

These folks believe that when laws like this are proposed they should be fought, because passage of these useful but wholly inadequate enactiments give opponents the ability to argue that "enough is enough"--that the movement clamored for these laws, they were enacted, and that's all the affected animals are entitled to, at least for years to come.

This absolutist position is defensible, making for a hard choice: wait for perfection, while countless animals continue to suffer, or take what can be had when possible, but continue fighting for perfection?

In other words, is half-a-loaf better than none?

Much better--particularly, if you're a veal calf spending your entire life in a crate.

Monday, October 27, 2008

ISAR’s International Homeless Animals’ Day™ 2008


ISAR's International Homeless Animals’ Day 2008 was commemorated for the seventeenth consecutive year on August 16th with Candlelight Vigil observances in 26 states and 9 foreign countries.

For the seventeenth consecutive year, ISAR has facilitated animal rights/welfare organizations in 26 states and 9 foreign countries in making their ISAR International Homeless Animals’ Day events a success.

In honor of ISAR’s International Homeless Animals’ Day 2008, ISAR once again held our Seventh Annual Online Candlelight Vigil. Visitors to our website, http://www.isaronline.org/, were invited to light a virtual candle in memory of the direct victims of the companion animal overpopulation tragedy. Spanning the globe, ISAR’s virtual vigil involved participants from countries including Canada, India, Iceland, Australia, Peru, Czech Republic, Slovakia and the United States.

Activities for this year’s ISAR International Homeless Animals’ Day included candlelight vigils, blessings of the animals, concerts, dog swims, bowling and dance fundraisers, adopt-a-thons, microchip clinics, dog walks, open houses, award ceremonies, and raffles. Other activities included information stalls, car wash fundraisers and “meet and greets” as well as speeches given by local council members, shelter personnel, veterinarians, and humane officers.

2008 Vigil Observances
ISAR encourages all vigil coordinators to contact us with feedback, photos, and video of their events. Through your comments and suggestions, our vigils will continue to grow. Due to space constraints, we’re not able to acknowledge the many observances held on August 16, 2008. Representative examples follow.

Setting the tone for the evening on August 16th, two guitarists strummed melodies while a soft glow from 25 candles, representing the victims of pet overpopulation in Rogers, AR, struck its own chord with participants during a candlelight vigil held by Murphy Dog Park. More than 70 people gathered to lend their support and promote spay/neuter to reduce needless killing of millions of healthy yet unwanted companion animals each year. Mayor Steve Womack, signed ISAR’s Proclamation declaring August 16, 2008 as International Homeless Animals’ Day.

Fifty-three people participated in a bowling tournament held by the Humane Society of Atchison in Kansas to raise awareness for International Homeless Animals’ Day. Following the tournament, more than 70 people attended a candlelight vigil ceremony which included a blessing of the animals, live music, poems and stories. The guest speaker, a city councilmember, during their ceremony presented ISAR’s Proclamation signed by the mayor of Atchison.

East Hartford Town Green on August 16th was the setting for The Queenie Foundation, Inc.’s second International Homeless Animals’ Day observance in Connecticut. Approximately 75 people attended a blessing of the animals and a meet ‘n greet comprised of 8 rescue/adoption groups, 6 advocacy organizations, and vendors that included a vegan restaurant. Enid Breakstone, Founder and Director of The Queenie Foundation, Inc. said, “The number of organizations tabling at our event always shows the public that homeless animals should be an issue addressed in their communities until it is no longer an issue. Also, having a vegan restaurant shows people that there are really tasty ways to eat without hurting animals.” Ms. Breakstone went on to offer advice for holding a successful vigil first by stressing the importance of teamwork and went on to say, “Invite every rescue/adoption and advocacy organization you can find in your area. The more the public sees that there are several groups in your area, the more it will see that the time for action is yesterday.”

Cats Angels, Inc. SPCA of Fernandina Beach, FL had considerable success this year during its month long commemoration of International Homeless Animals’ Day in August. Fernandina Beach Mayor Bruce Malcolm proclaimed the month of August as International Homeless Animals’ Month. During that time, Cats Angels, Inc. raised over $1300 for their spay/neuter program, performed more than120 spay/neuter surgeries, and succeeded in 70 adoptions that placed shelter animals into new loving homes. At least two dozen walkers armed with spay/neuter signs set out for Cats Angels’ 8th annual two mile walk on August 16th. It concluded with 40 people attending their candlelight vigil. ISAR’s spay/neuter billboard was once again posted this year on busy North Highway 17 promoting the Cats Angels’ vigil event. Beth Hackney, President of Cats Angels, Inc. SPCA, said, “I feel we reached more people this year with our message of the overpopulation problem and the responsible solution to get your animals spayed/neutered.”

SOS Chats of Noiraigue, Switzerland held an information stall in the market of Morges on August 16, 2008. More than 1000 people stopped by SOS Chats’ educational booth which was filled with literature focusing on cat overpopulation, feral cat hunting, and their latest battle against the cat fur trade. Special guest speakers at their event, included local politician Luc Barthassat, a television personality, and a local veterinarian. Miss Switzerland spoke on the importance of spay/neuter, proper animal care, and the horrors of the cat fur trade. Swiss veterinarians were prompted to donate one free spay/neuter surgery to their local shelter in an attempt to help reduce the pet overpopulation epidemic.

Close to a thousand people participated in Wet Nose Animal Rescue’s first official function on their new premises in Kungwini, South Africa by observing International Homeless Animals’ Day 2008. All money raised on this day funded their sterilization program to help combat pet overpopulation. Gold medals were awarded to participants who finished the walk for homeless animals.

Our Deepest Gratitude To Vigil Coordinators
Listed below are some of the countless organizations ISAR would like to thank for their efforts.

ISAR would like to specially thank Bryant Animal Control & Adoption Center, From the Heart Animal Behavior and Dog Training, Purrfect Cat Rescue, People Assisting Lodi Shelter (PALS), Lodi Animal Shelter, Colorado All Breed & Rescue Training, Delaware Humane Society, Concord Pet Food & Supplies, Humane Society of the Nature Coast, Superior Mutts Doggie Rescue, Inc., Susan Buser, SPCA of Central Florida, Orange County Animal Services, Gulf Coast Humane Society, Animal Guardians of Brevard, The Brevard County South Animal Care and Adoption Center (SACC), Livingston County Humane Society, Young at Heart Pet Rescue, Save-A-Pet Adoption Center, Orphans of the Storm, Knox County Humane Society, Partners for Animal Welfare Society (P.A.W.S.), Lawrence County Humane Society & Animal Shelter, Pulaski County Humane Society, The Animal Welfare Society, Friends For the Dearborn Animal Shelter, Minnesota Valley Humane Society, Noah’s Ark Animal Welfare Association, Best Friend Dog and Adoption, Inc., Anjellicle Cats Rescue, Greater Triad Shag Club, Rockingham County Animal Shelter, Cat Welfare Association, Ardmore Animal Care, The Pet Hospital - National Shelter Advisory Board, Lehigh County Humane Society, Hope – Hounds of Prison Education, Bradford County Humane Society, Defenders of Animals, Animal Defense League of Texas, Sevier County Animal Shelter, Holly Help Spay Neuter Fund, Believe in Bristol, Greenbrier Humane Society, Wisconsin Humane Society, Ozaukee Humane Society, Charleston/Kanawha Humane Association, Greenbrier Humane Society.

ISAR also truly appreciates the international participation of Anima – Etica para los Derechos Animales, Argentina, RSPCA’s Yagoona Shelter, Australia, Humane Animal Rescue Team (H.A.R.T.), Canada, Corporacion RAYA (Red de Ayuda a los Animales), Colombia, OȈKOS KAȈ BIOS, Refuge of Cats, France, Asociacion de Amigos de los Animales – AMA, Guatemala, Action for Singapore Dogs, Singapore, Musée du CHATS, Switzerland.

Special Thanks
ISAR is grateful for the support from U.S. Governors and Mayors who acknowledged the companion animal overpopulation crisis by signing ISAR’s Proclamation declaring August 16, 2008, as International Homeless Animals’ Day. ISAR would also like to take this opportunity to encourage those elected officials who have not participated in this year’s International Homeless Animals’ Day observance to please consider doing so for next year’s event. ISAR cannot stress enough the importance of having the support of all elected officials in combating pet overpopulation!

ISAR is also grateful to all participating media for helping us to promote International Homeless Animals’ Day this year. ISAR also sincerely appreciates every individual who utilized their local media to educate others on the importance of responsible pet care and the simple solution to the pet overpopulation crisis: spay/neuter. Media coverage included newspaper articles, radio and television interviews, and numerous online resources directing the public to International Homeless Animals’ Day observances in their area.

Organize a Vigil for 2009
As any past vigil coordinator can attest, beginning the planning process early proves indispensable in generating a bigger impact for a successful International Homeless Animals’ Day observance.

ISAR will be glad to welcome back all previous vigil coordinators as well as a host of new ones to participate in International Homeless Animals’ Day 2009. Together we will once again orchestrate a heightened awareness of the plague of pet overpopulation and on a global scale promote the importance of spay/neuter.

Individuals or organizations wishing to take part in ISAR’s International Homeless Animals’ Day 2009 observance on August 15th can receive a free vigil planning packet by submitting a request to ISAR by mail, phone, fax, or email. Our vigil packets include guidelines for organizing a successful vigil event with tips on site selection, suggestions for speakers and vigil events, reaching target audiences, poems, songs, sample press releases, and proclamations are but a few of the items included in our packet. To save on printing costs, vigil packets are only sent upon request.

Together, we will continue to be a voice for the animals and seek to put an end to their suffering.

Please continue to make our efforts possible.

Monday, September 8, 2008

ISAR’s Model Mandatory Spay/Neuter Statute Garnering Attention

ISAR’s revolutionary new Model Mandatory Spay/Neuter Statute is spreading through the animal protection movement and into the general culture.

For example, a participant in ISAR’s 2008 Homeless Animals’ Day from Florida has informed us that: “Just so you know, I copied the great model spay/neuter statute you wrote in your blog and forwarded it to all Fla state senators. I’ll do the same with the state reps tomorrow.” The Executive Director of Animal Law Coalition has requested “permission to reprint this wonderful monograph”—which ISAR gratefully granted.

We have had offers to translate our Model Mandatory Spay/Neuter Statute into Russian and Albanian, and have called for volunteers to translate it into other languages. As the translations become available, they will be posted on our website and made available to spay/neuter advocates in the appropriate countries.

Monday, August 25, 2008

UBS and Other Generous Matching Donations

UBS is a worldwide institution of great distinction. As part of its company policy of supporting worthwhile non-profit causes, the UBS Foundation USA has approved ISAR as eligible to receive matching gifts from donations made by UBS employees (up to $2,500 per employee each year).

This means, of course, that a UBS employee’s contribution to ISAR is worth double the amount contributed by the individual.

We invite any of ISAR’s supporters who may be employees of UBS to take advantage of its matching contributions program.

As a matter of fact, over 8,000 other companies sponsor matching gift programs.

See: http://www.firstgiving.com/ for further information.

We encourage all ISAR supporters to inquire of their employers about a matching gift program at their companies.

Monday, August 18, 2008

Important New Publication: Stanford Journal of Animal Law and Policy

ISAR is pleased to note the advent of a new publication devoted not only to the legal aspects of animal law, but to the inseparable policy aspects as well.

There are several reasons we welcome this new publication.

The Journal is a student effort, once again demonstrating that there are those in the younger generation who take very seriously the wellbeing of animals.

As ISAR has made plain in its recently published monograph "The Policy, Law and Morality of Mandatory Spay/Neuter"
(http://isaronline.org/wp-content/uploads/2015/01/Mandatory_Spay_Neuter_Monograph.pdf),
before the law can be used on behalf of animals it is first indispensably necessary that core policy issues be resolved. Once they are, the legal issues are much easier to deal with.

In a radical departure from almost all the traditional journal and law review scholarship which has been published in written form for well over a century, the Stanford Journal of Animal Law and Policy is an online publication. The significance of this cannot be overemphasized. Not only are the Journal’s production costs virtually non-existent—no printing, binding, mailing, circulation, etc.—but the scope of potential readers is incalculable. Literally countless potential readers can simply access https://journals.law.stanford.edu/stanford-journal-animal-law-policy and there read and/or print any or all of the articles.

Lastly, the Journal’s choice of articles for its inaugural issue suggests that the editors have a wide ranging perspective on the subject of animal law and policy. The first of four articles is “The History of Animal Law, Part I (1972-1987), by Joyce Tischler, Co-Founder and General Counsel of the Animal Legal Defense Fund—and now de facto historian of the animal law movement. This article is essential reading for every person interested in how the movement began and its founders.

The other articles—human-animal hybridization, stem cells and animal advocates, and a lengthy book review—are sure to contribute to the ongoing debate about animal law and policy.

Subscription to the Journal is free, and one can sign up on line.

ISAR strongly recommends that its supporters do so.

Monday, August 11, 2008

Annotated Text of ISAR's Model Mandatory Spay/Neuter Statute

Ever since July 2008 when ISAR published its 125 page monograph Policy, Law and Morality of Mandatory Spay/Neuter, considerable interest has focused on the annotated text of our Model Mandatory Spay/Neuter Statute. For the convenience of ISAR’s supporters and others who share our zeal for true mandatory spay/neuter as a partial solution to the companion animal overpopulation problem, we are pleased to print that annotated text here.

ISAR PROPOSED MODEL MANDATORY SPAY/NEUTER STATUTE
THE LEGISLATURE FINDS THAT,

Whereas, there have been and there are within this state countless unwanted dogs and cats lacking permanent homes; and

Whereas, although many of these animals are healthy, many others are not; and

Whereas, the latter through no fault of their own have an adverse impact on the public health, safety, welfare, and environment; and

Whereas, the impact of these animals includes, but is not limited to, the transmission of disease, the injury and sometimes death of humans and other animals, the creation of hazards to vehicular travel, and the drain on public finances; and

Whereas, many of these animals are euthanized by shelters, humane societies, and similar organizations; and

Whereas, euthanizing dogs and cats except for bona fide medical reasons is inhumane and abhorrent to the people of this state; and

Whereas, euthanizing dogs and cats except for bona fide medical reasons is not an effective, economical, humane, or ethical solution to the problem of dog and cat overpopulation; and

Whereas, one of the most effective, economical, humane, and ethical solutions to the problem of dog and cat overpopulation is to substantially reduce, if not entirely eliminate, their breeding; and

Whereas, by such reduction or elimination the State seeks to promote the pubic health, safety, welfare, and environmental interests of its citizens;

Among the major faults of virtually all “mandatory” spay/neuter legislation is the failure to set forth explicitly the fundamental premises upon which the statutes are based. I have sought to remedy that omission by making it clear exactly what premises ISAR’s statute rests on.

NOW, THEREFORE, BE IT ENACTED AS FOLLOWS:

Section 1. Coverage of statute

(a) All dogs and cats present in this state shall be in compliance with this statute, unless specifically exempted.

This subsection makes clear that the rule is compliance with the statute, and that if there are to be exemptions they must be expressly stated.

(b) No exemption shall exist for dogs and cats present in this state which may fall under any federal statute or within the jurisdiction of the federal government or any agency thereof.

Since, as will be explained in Chapter VI, ISAR’s proposed Model Mandatory Spay/Neuter Statute is designed to be enacted by states pursuant to the Tenth Amendment to the Constitution of the United States, the purpose of this subsection is an attempt to prevent animals under control of the federal government, but located within a state, to be bred. As such, a legitimate question arises about federal versus state power—but, still, this section is worth incorporating on the chance it would survive challenge.

Section 2. Requirement of spaying and neutering

(a) Subject to the provisions of this statute, every dog and cat harbored in this state shall be spayed or neutered.

This subsection is a corollary of Section 1(a), and reiterates that spay/neuter is the rule. Any deviation must be explicitly stated, and thus the burden of obtaining exemptions is on the one seeking them.

(b) For purposes of this statute, “harbor” is defined to include: legal ownership or providing regular care, shelter, protection, refuge, nourishment, or medical treatment other than as a licensed veterinarian; provided, however, that a person or entity does not “harbor” by providing nourishment to a stray or feral dog or cat, and; provided further, however, that caretakers of feral cat colonies shall use their best efforts to have those animals sterilized.

Many “mandatory” spay/neuter statutes labor with considerable difficulty to define exactly to whom the statutes applies. For example, “owners” may not be in possession or control of the animal, or one who is in control may not be the “owner.” Thus, we have selected the word “harbor” and provided the definition appearing here. Excluded from “harboring” are those who feed feral dogs and cats, because in no sense can it be said that the caretakers own or have any control over those animals. However, recognizing that the most one can do with feral populations, especially cats, is feed-trap-neuter-release (other than trap and euthanize, a subject not within the scope of ISAR’s proposed Model Mandatory Spay/Neuter Statute), it is appropriate that those who voluntarily assume the feeding obligation make their best efforts to have the animals sterilized.
Section 3. Breeding licensees; rules and regulations

Caveat: Readers of this section’s title best not jump to conclusions. What follows is not the usual exception to “mandatory” spay/neuter statutes which effectively nullifies such laws by granting exemptions to breeders and those who “show” companion animals.

(a) Other than as expressly provided below, no dog or cat may be legally used for insemination or bred in this state except by an individual or entity holding a breeding license, which may be issued, in its absolute discretion, by the State Department of Animal Affairs or such other department as the governor shall designate.

This section begins with the absolute prohibition against breeding dogs and cats in this state, period. Express and limited exemptions are provided below.

Breeding licenses may, or may not, be issued by a government department. The exercise of “absolute” discretion, even if it results in the non-issuance of a breeding license, is very difficult to overturn in court.

(b) While a breeding license is valid, no subsequent breeding license shall be issued to any individual related to the first licensee by blood or marriage, to any entity related to the original licensee by common officers, directors, stockholders, or trustees, or to any entity controlled by the original licensee. Any license issued in violation of this subsection shall be void ab initio.

This section is aimed at preventing breeders from escaping the limitations contained in Section 4(i) below.

(c) The licensing authority shall promulgate such rules and regulations as may be necessary to implement its statutory duties, including but not limited to recordkeeping requirements.

Consistent with general principle of administrative law, the department charged with issuing breeder licenses has virtually unlimited discretion in establishing applicant qualifications and regulating the conduct of licensees.

(d) Such rules and regulations shall include, but need not be limited to, provisions assuring that the animals in the breeding licensee’s care there are provided: sufficient quantity of good and wholesome food and water consistent with its breed, size, and age; shelter that will allow the animals to be protected from the elements with room to stand up, turn around, and lie down without lying it its or another animal’s waste; confinement space that is clean and disinfected; an opportunity for adequate sunlight, fresh air, and exercise.

This subsection mandates minimum humane requirements that the license-issuing authority must impose on breeder licensees. It may, of course, impose additional and more stringent requirements.

(e) In addition, breeding licensees shall be required to comply with all other state statutes relating to the care and treatment of dogs and cats.

The purpose of this subsection is to make sure that breeding licensees do not argue that only the mandatory spay/neuter statute governs their conduct. Breeder licensees must comply with anti-cruelty and all other state laws regarding animals.

Section 4. Breeding limitations
(a) A breeding licensee may use a male dog or cat only twice to inseminate a female, which must occur within a twelve month period. No further insemination is allowed thereafter.

(b) A breeding licensee may breed a female cat only twice, which must occur within a twelve month period. No further breeding is allowed thereafter.

These two subsections are designed to end the abuse of animals used for breeding, who in most places today are treated no better than reproductive machines. Veterinarians believe that inseminating and giving birth twice in a twelve month period, with no further insemination or breeding thereafter, is not abusive to the animal.

The subsections, and others that appear below, deliberately and substantially reduce the size of breeder operations.

(c) The offspring of breeder licensee’s dogs and cats may be retained by the breeding licensee, but they shall be subject to the same restrictions as their sires and dams, as shall be succeeding generations.

This subsection allows breeder licensees to retain offspring, but similarly limits their breeding.
(d) The dogs and cats covered by this section regarding insemination and breeding shall be at least four months old, the dogs no older than eighteen months, and the cats no older than twelve months.

This subsection creates a two-month window for insemination and breeding, between ages four and six months. Neither may occur before or after those ages.

(e) Once- or twice-bred female dogs and cats shall be sterilized promptly after
delivery of the female animals’ final litters.

(f) Male dogs and cats shall be sterilized promptly after they have twice inseminated females.

The purpose of subsections (e) and (f) is to turn off the reproductive valve, at least as to those dogs and cats, and to further limit the scope of breeder activities.

(g) Promptly after a male dog or cat has twice inseminated a female, and promptly after a female dog or cat has delivered her final litter, the breeder licensee shall either:

(i) Relinquish such animal to a shelter, humane society, rescue group, or similar organization for adoption only, or

(ii) Directly arrange for adoption, pursuant to the rules and regulations of the nearest shelter, humane society, rescue group, or similar organization; provided, however, that the breeder licensee shall under no circumstances transfer custody of a dog or cat to any individual or entity as to whom the breeder licensee knows, or should know, that the animal will be used for scientific experimental purposes.

In addition to the limitations provided above, these sections will oblige breeder licensees to indirectly or directly find homes for their “breeding stock.” After they have been used this way, they deserve loving homes.

(h) No breeding licensee shall release from its custody any dog or cat that has not
been sterilized, except to provide temporary veterinary care.

This section will prevent breeding stock from going elsewhere to be put through the same reproductive cycle.

(i) No breeding licensee shall possess in any calendar year more than ten unneutered male dogs, ten unneutered male cats, ten unspayed female dogs, and ten unspayed female cats, except for newborn litters which may be kept for no more than three months at which time the provisions of this statute will apply to them.

This section deliberately and substantially limits the scope of breeder operations.

Section 5. Other source dogs and cats

(a) Every individual and entity harboring an unsterilized dog or cat shall immediately present the animal to a licensed veterinarian who shall sterilize it; provided, however, that the animal need not be sterilized if it is, or appears to be, less than three months old.

This section is aimed at the person or entity who is not a breeder licensee. For example, an individual or family who rescues a dog or cat, or who is given one as a gift. The burden is on them to have spay/neuter performed. It is also aimed at whoever receives dogs or cats from out-of-state, whether an individual animal or more than one.

(b) This section does not apply to breeder licensees.

They are covered by sections above.

Section 6. Sellers of dogs and cats

(a) Upon coming into the possession of an unsterilized dog or cat, every individual and entity in the business of selling such animals, including but not limited to pet stores, shall immediately present the animal to a licensed veterinarian who shall sterilize it; provided, however, that the animal need not be sterilized if it is, or appears to be, less than three months old.

This section applies to non-breeder licensee retail sellers of dog and cats. Whatever their source of these animals, as soon as a retail seller comes into possession of them there is a duty of immediate sterilization.

(b) This section shall not apply to breeder licensees.

They are covered by sections above.

Section 7. Medical exceptions to sterilization

(a) No dog or cat need be sterilized if a licensed veterinarian, exercising appropriate professional judgment, shall certify in writing and under oath that an animal is medically unfit for the spay/neuter procedure because of a physical condition which would be substantially aggravated by such procedure or would likely cause the animal’s death.

(b) The dog or cat’s age shall not per se constitute medical unfitness.

(c) As soon as the disqualifying medical condition ceases to exist, it shall be the duty of the person having custody or control of the dog or cat to promptly comply with all provisions of this statute.

(d) Possession of the certificate referred to in subsection (a) of this section shall constitute a defense to liability under the penalty provisions of this statute.

(e) If during the disqualification period the dog or cat breeds, the individual or entity in control of the animal shall be punished in accordance with Section 13 of this statute.

This section provides a safe harbor for those dogs and cats who have bona fide medical reasons not to be neutered. Obviously, this exemption, virtually the only one in ISAR’s Model Mandatory Spay Neuter Statute, is subject to abuse. We hope that veterinarians’ respect for the law generally and what this statute is trying to accomplish in particular, and the requirement that their certification be under oath, will suffice to have medical exemptions granted only when legitimately deserved.

Section 8. Shelters and similar organizations

(a) Shelters, pounds, humane societies, and similar organizations, whether public or private, whose principal purpose is securing the adoption of dogs and cats, shall not be exempt from the provisions of this statute.

(b) No shelter, pound, humane society, or similar organization, whether public or private, whose principal purpose is securing the adoption of dogs and cats, shall release custody of any such animal to its owner or an adopter unless the dog or cat has first been sterilized.

Essentially, this section applies to all companion animal intake and adoption. All dogs and cats taken into these facilities must promptly be neutered. All dogs and cats leaving the shelter will have been neutered, regardless of whether they belong to an identified person or entity.
Section 9. Duties of veterinarians

(a) Any licensed veterinarian who shall become aware that a dog or cat who should be sterilized is in violation of this statute shall promptly inform the person or entity harboring such animal, and further state that the veterinarian has a duty to report that information pursuant to subsection (b) hereof.

This section imposes no more of a burden on veterinarians than those already imposed by law and professional ethics, as for example the duty of informing an animal’s custodian of the risks of surgery or any course of treatment.

(b) If within five business days the person or entity harboring such animal has not shown to the veterinarian’s satisfaction that it has been sterilized, the veterinarian shall report to the enforcing authority the name and contact information of the person harboring such animal and its unsterilized condition.

This section is equivalent in principle to state statutes which require veterinarians to notify public authorities regarding the rabies vaccination of dogs. Moreover, veterinarians already have reporting responsibilities to government agencies, not the least of which pertain to taxes and insurance.

Section 10. Microchipping

Promptly after beginning to harbor a dog or cat, the individual or entity shall have the animal microchipped in accordance with current technology.

The value of this section is self-evident. In addition to public authorities, shelters, and similar organizations being better able to identify lost dogs and cats, mandatory microchipping will facilitate enforcement of the entire mandatory spay/neuter statute.

Section 11. Low-cost spay/neuter

(a) The state shall itself or by contract provide facilities where its citizens can have dogs and cats humanely spayed and neutered by a licensed veterinarian for a fee established by regulation.

(b) The spay/neuter fee to be established by regulation shall be based on ability to pay, and such regulations shall provide for the fee to be waived entirely because of financial hardship.

Virtually every thoughtful person who has seriously addressed the problem of companion animal overpopulation, and organizations like ISAR that propose tough mandatory spay/neuter requirements, realize that success will depend in large part on the ability of low-income custodians of dogs and cats to have their animals neutered. By any calculation—economic, health, humane, moral—state provision of low-cost spay/neuter is eminently necessary and justifiable. (Especially when considered in relation to all the much less worthy projects states support.)

Section 12. Enforcement

Enforcement of this statute shall fall within the jurisdiction of the Attorney General, the Department of Animal Affairs, or such other department as the governor shall designate.

This section expresses a preference for licensing and enforcement to be vested in a department of state government with legal muscle, rather than burying mandatory spay/neuter in some backwater like the Department of Agriculture where it would likely be entrusted to bureaucrats with little or no interest in enforcement.
Section 13. Penalties

(a) The first violation of this statute shall constitute an offense, punishable by a civil fine of $1,000.00.

(b) Each week during which the violation continues will constitute a separate offense for which an additional civil fine of $1,000.00 shall be imposed.

(c) Immediately following the third offense, subsequent violations will be punishable as the lowest grade misdemeanor. The $1,000.00 civil fine will also be imposed for each offense after the first.

Doubtless there will be complaints that this section’s penalties are harsh. They are, and they are meant to be. Once and for all, legislatures, governors, and the regulation/enforcement community must take seriously the problem of companion animal overpopulation—and that seriousness will best be conveyed to the public at large by this section’s harsh punishments for violation. More on this subject is discussed in Chapter X, “Morality and spay/neuter.”

Section 14. Transition

Within sixty days from the effective date of this statute it shall be the responsibility of all those who harbor dogs and cats to be in compliance with this statute.

Some transition time has to be provided, and sixty days seems reasonable.

Section 15. Effective date

This statute will be effective when it is enacted by the legislature and approved by the governor in accordance with state law.

The statute’s sponsors and advocates should resist attempts by its opponents to delay the effective date, during which time they might be able to mount an effective counterattack and perhaps repeal the law or at least gut it.

Section 16. Severability
If any provision of this statute shall be held unconstitutional, illegal, or unenforceable for any reason, the remaining provisions shall retain their full status as if the offending provision had not existed.

This section is important legally. If, for example, the veterinarian reporting requirement should be held by a court to be illegal, the balance of the statute would stand.