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11 Animal L. 39 (2005)
Citizen Standing to Enforce Anti-Cruelty Laws by Obtaining Injunctions: The North Carolina Experience

handle is hein.journals/anim11 and id is 45 raw text is: CITIZEN STANDING TO ENFORCE ANTI-CRUELTY
LAWS BY OBTAINING INJUNCTIONS: THE NORTH
CAROLINA EXPERIENCE
By
William A. Reppy, Jr.*
North Carolina law authorizes citizen standing for the enforcement of anti-
cruelty laws, thus supplementing criminal prosecution by means not used in
any other state. Citizens, cities, counties, and animal welfare organizations
can enforce animal cruelty laws through a civil injunction. This article ex-
plores the various amendments to North Carolina's civil enforcement legis-
lation and the present law's strengths and weaknesses. The Author suggests
an ideal model anti-cruelty civil remedies statute.
I.  INTRODUCTION   ......................................... 40
II. NORTH CAROLINA GRANTS STANDING TO ENJOIN
ANIMAL CRUELTY TO ANY CITIZEN AND ANY
ORGANIZATION    ......................................... 41
III. REDUCTION IN 2003 OF THE SCOPE OF ANIMALS
PROTECTED BY THE NORTH CAROLINA LAW WAS
ILL-ADVISED  ............................................ 45
IV. THE NORTH CAROLINA DEFINITION OF CRUELTY IN
THE CIVIL REMEDIES ACT NEEDLESSLY EXCLUDES
MENTAL   SUFFERING    ................................... 46
V. THE ACT'S PROVISION FOR ISSUANCE OF A
TEMPORARY RESTRAINING ORDER WAS
NEEDLESSLY ELIMINATED ............................. 49
VI. THE DOWNSIDE (PART I): CREATION OF
EXEMPTIONS APPARENTLY BASED ON MISTRUST OF
ACTIVIST ORGANIZATIONS AND INDIVIDUALS ......... 53
VII. THE DOWNSIDE (PART II): THE EXEMPTIONS
SPREAD FROM THE CIVIL ENFORCEMENT LAW INTO
THE CRIMINAL STATUTE ............................... 60
VIII.  CONCLUSION    ........................................... 61
IX.  APPENDIX   A  ............................................ 62
X.  APPENDIX    B  ............................................ 64
XI.  APPENDIX   C  ............................................ 65
XII.  APPENDIX  D  ............................................ 67
* © William A. Reppy Jr., 2005. Professor Reppy is the Charles L.B. Lowndes Emer-
itus Professor of Law, Duke University and a National Advisor to Animal Law. He
earned his A.B. in 1963 and J.D. in 1966 from Stanford University.

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