About | HeinOnline Law Journal Library | HeinOnline Law Journal Library | HeinOnline
LOG IN
LOG IN

1980 Att'ys for Animal Rts. Newsl. [i] (1980)

handle is hein.animal/afarnws1980 and id is 1 raw text is: ATTORNEYS FOR ANIMAL RIGHTS (AFAR) NEWSLETTER July 1980 AFAR PLAYS KEY ROLE IN S IDO VICTORY Edward Moore and Laurence Kessenick, AFAR attorneys, prepared and filed an amicus curiae brief in the recent San Francisco Superior Court drama in- volving a dog, Sido, that hadbeen willed to die by Mary Murphy. Fortunately for Sido's future, the dog came into the possession of Richard Avanzino, Execu- tive Director of the San Francisco SPCA, who refused to turn the dog over to the executrix. AFAR attorneys Elizabeth Rainsford and Kermit Kibutz provided direct legal assistance to the San Francisco SPCA. AFAR attorneys argued that to carry out the provision of the will mandating the dog's death would not only violate public policy but would constitute a criminal act. In a decision hand- ed down on June 17, 1980, Judge Jay Pfotenhauer agreed with legal arguments asserted by AFAR attorneys, holding that to carry out the provision of the will would in fact constitute a criminal act. The Judge then ordered that Sido be delivered to Pets Unlimited, the residuary beneficiary under the will. We understand Sido is extremely pleased with his new owner, Richard Avanzino, who was granted permanent custody of the dog by Pets Unlimited. AFAR ASSISTS PENINSULA HUMANE SOCIETY IN SPONSORING ORDINANCE WHICH WILL OUTLAW STEEL JAW TRAP IN SAN MATEO COUNTY Through the efforts of Kim Sturla, Richard Ward and others, the Peninsula umane Society has been actively pursuing for many months the adoption of an rdinance which will outlaw, except in extremely limited situations, use of the steel jaw trap in San Mateo County. The San Mateo District Attorney raised a legal obstacle by asserting that State law preempted the field of steel jaw trap regulation and prevented local counties from enacting more restrictive legislation. AFAR attorney, Laurence Kessenick, strongly disagrees and is attempting to reverse the District Attorney on this issue. AFAR FILES PETITION TO PROTECT GIBBONS A researcher at the University of California, Davis, has been experiment- ing on gibbons, which are an endangered species, for several-years wi-thout ob- taining a permit from the Secretary of Interior as is required by the Endangerec Act. Nothing had been done to stop this activity until AFAR attorney, Laurens H. Silver, with the Sierra Club Legal Defense Fund, prepared, on behalf of the International Primate Protection League, a petition with the Secretary of In- terior, demanding that that agency carry out its lawfully mandated duty either to put a stop to the activity or require that a permit be sought. In response to the AFAR petition, the University of California, Davis, admitted that it had been conducting such activities without a permit and agreed to apply for such a permit. We understand that the permit has been applied for and that repre- sentatives of the International Primate Protection League are presently study- ing the application. It appears that Mr. Silver's petition was the first time in history of the zndangered Species Act that a private citizens' group has availed itself of the right, provided by the Endangered Species Act, to demand that its provisions be enforced by the responsible agencies.

What Is HeinOnline?

HeinOnline is a subscription-based resource containing thousands of academic and legal journals from inception; complete coverage of government documents such as U.S. Statutes at Large, U.S. Code, Federal Register, Code of Federal Regulations, U.S. Reports, and much more. Documents are image-based, fully searchable PDFs with the authority of print combined with the accessibility of a user-friendly and powerful database. For more information, request a quote or trial for your organization below.



Contact us for annual subscription options:

Contact Us

Already a HeinOnline Subscriber?

Log In

profiles profiles most