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1994 ALDF Update 1 (1994)

handle is hein.animal/aldfup1994 and id is 1 raw text is: , ldate Volume 7, Number 1 March 1994 ANIMALS & ENTERTAINMENT NEVADA COURT REVERSES BEROSINI DECISION In a major victory for the First Amendment and animal rights, the Supreme Court of Nevada unanimously reversed a $4.2 million verdict against animal rights groups, PETA and the Performing Animal Welfare Society (PAWS). The court ruled that Las Vegas animal trainer Bobby Berosini was not defamed by animals rights groups PETA, PAWS and three individuals who accused him of beating his trained orangutans before performances at a Las Vegas nightclub in 1989. Berosini sued the groups after a videotape was released on a national television show showing Berosini hitting his orangutans backstage with a rod. The video was shot by dancers using a hidden camera. Although Berosini claimed he was merely disciplining his animals, the Court said the tapes accurately portrayed what happened to the animals and that publication of the videotape by activists was not libelous. (PETA v. Berosini, PF 510.40) A separate lawsuit filed by Meyer and Glitzenstein on behalf of PETA and the Fund for Animals, alleges that the U.S. Fish & Wildlife Service is violating the Endangered Species Act by allowing Berosini to retain his captive-bred wildlife permit for purposes other than breeding. Plaintiffs have moved to amend the complaint to assert claims directly against Berosini, who intervened in the case. As a result of this lawsuit, the Fish and Wildlife Service has changed the regulations controlling the issuance of captive-bred wildlife permits, and on February 3, Berosini and numerous other individuals were notified that they could no longer maintain their permits. (PETA v. Babbit, PF 711.70) A BI-MONTHLY NEWS SHEET FOR ATTORNEY MEMBERS OF THE ANIMAL LEGAL DEFENSE FUND 1363 Lincoln Avenue San Rafael, California 94901 415/459-0885

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