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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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