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1986 Animal Legal Def. Fund Newsl. [1] (1986)

handle is hein.animal/aniad1986 and id is 1 raw text is: ANIMAL LEGAL DEFENSE FUND Nnewsletter 1986 1985 - THE YEAR IN REVIEW nce again, it is time to take stock of the Animal Legal Defense Fund's activities during the past year. ALDF is the first and only public interest law organization devoted exclu- sively to cases protecting animals. Thus, we take pride in looking at the year's accomplishments, the ground gained, and the lessons learned. We have divided ALDF's activities into three categories: litigation, other legal work, education and increased public aware- ness. LITIGATION FILED IN 1985 Traditionally, animal rights and welfare anizations have brought litigation is reactionary, i.e., a response to e individual or governmental action that threatens harm to animals. In 1985, ALDF placed a heavy emphasis on a dif- ferent kind of lawsuit - one in which we carefully developed legal theories and strategies in order to challenge ongoing animal abuse. One of our long-range goals is the continual testing of the lim- its of the law, and the development of new interpretations that will afford bet- ter protection of the interests and well- being of all species. Making new case law takes time, and we can expect to lose some of the challenges filed, but we believe that ultimately great strides will be made through persistent and well- planned efforts. Photo: Bradley Miller, Humane Farming Association. ALDF v. PROVIMI VEAL CORP. (Veal Calves) ALDF's Boston chapter spent over two years planning a lawsuit that would raise the issue of the intensive confinement method of raising special or milk fed veal calves. Several theories were researched and ultimately we decided to proceed on the Massachusetts consumer protection laws. We argued that the consumer must be informed of how the calves are raised. This enabled us to bring two critical factors into the law- suit; first, the cruelty involved in the intensive confinement system, and second, the growing concern in the medical community about the effects of the use of antibiotics in the daily feed of milk fed veal calves. ALDF sued the Provimi Veal Corpora- tion, the largest and most well known advocate of the milk fed veal industry, seeking two injunctions. The first would bar Provimi from procuring Massachu- setts residents to set up milk fed veal calf operations using the total confine- ment system. The second would bar Provimi from selling the meat of such calves in Massachusetts if the calves were raised outside of the state. Alter- natively, ALDF sought to require all sellers of milk fed veal in Massachusetts to display a truthful statement on the package as to how the calves are raised. As expected, we faced a well-financed and aggressive defense on the part of Provimi. Provimi's lawyers argued that ALDF's suit was preempted by federal law, that ALDF lacked standing to sue, and a number of other defenses. At the beginning of 1986, the Court rendered its decision, finding that federal law preempts ALDF's claims under the Mas- sachusetts law, and granting judgment for Provimi. In a twenty page opinion, the Court evidenced its concern about the antibiotics issue and discussed the cruelty issue at some length. The Boston chapter has appealed the decision, and already several things have been accomplished by this innovative lawsuit. It has brought factory farming practices and conditions into question in a federal courtroom, and has enabled the ALDF attorneys to refine their argu- ments and approaches. Moreover, it has provided a base upon which ALDF and other organizations working on factory farming issues can attract national media attention and bring these issues into the public forum for discussion.

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