Animal law issues touch many practices

By Stephen Anderson

Not all legal issues involving household pets are as high-profile as recent dog stories about Ellen DeGeneres, Michael Vick and the estate of Leona Helmsley, but they can be as heartfelt and complex for their owners in communities everywhere.

Recognizing that the burgeoning field of animal law touches a wide range of practice areas, the ISBA Board of Governors on Oct. 19 approved formation of an exploratory committee to consider establishment of a new section.

The board adopted a recommendation from the Committee on Scope and Correlation that a Special Committee on Animal Law be appointed and included in the ISBA structure for fiscal 2008-09.

The proposal from Chicago attorney Amy A. Breyer, a member of the Agricultural Law Section Council, noted a need for a forum through which ISBA members can discuss and develop animal law.

Study areas that Breyer cited include cruelty statutes, municipal ordinances, veterinary malpractice, boarding and grooming injuries, pet custody disputes, trusts and bequests, wildlife and farm animal management, and legal standing of animals.

Probate law was tested when Helmsley, the late New York hotel queen, left a $12 million trust fund for her eight-year-old Maltese dog, “Trouble” – less than the total she provided for two favored grandchildren.

As long as “Trouble” lives, it will receive hand-fed gourmet meals prepared by chefs, and upon its death will be interred in the ornate Helmsley mausoleum.

Civil practice issues were raised when DeGeneres gave “Iggy,” a Brussels Griffon terrier mix, to the daughter of her hairdresser, contrary to the rigid terms of a contract she signed with Mutts & Moms at the time of adoption.

When the agency retrieved the animal, DeGeneres appeared on her television show in tears, and Mutts & Moms began to receive threatening telephone calls.

Vick, a pro football star, is on suspension while the federal legal matters of his dog-fighting venture are resolved. He forfeited his interests in 53 pit bulls that were bred for battle.

Valparaiso University Law Prof. Rebecca J. Huss, a member of the American Veterinary Medical Law Association, has been named guardian and special master of the 48 surviving dogs.

“The time is appropriate for the ISBA to give its members the benefit of a section dedicated to the study and development of animal law,” Breyer wrote. She included a supporting petition signed by 31 lawyers.

For more information, see “Animal Law Comes into Its Own,” the featured article in the August issue of the Illinois Bar Journal.