2013 Articles

“But, Mommy, Kylie gets to keep her pony in the house…!” Federal and state laws expand to include miniature horses as “service animals” By Melissa Anne Maye January 2013 The federal Americans With Disabilities Act recently expanded its definition of “service animal” to include miniature horses.

Comments from the Chair By Angela Peters October 2013 An update on the section's recent activities, from Chair Angela Peters.

Comments from the Chair By Angela Peters August 2013 A message from Section Chair Angela Peters.

Constitutional claims and criminal charges—How to evaluate cases when police shoot dogs By Ledy VanKavage & Anna E. Morrison-Ricordati April 2013 While dog-shooting cases have come a long way from early decisions requiring courts to determine that a non-fatal shooting amounted to an improper seizure, the cases are almost always met with the same defenses.

Florida v. Harris & proof of the reliability of the drug-detection canine By Rob Shumaker April 2013 This article addresses case law on drug-detection dogs, the recent United States Supreme Court opinion, and offers insight on how prosecutors, defense counsel and trial judges should consider the issue of a dog’s reliability in detecting illegal narcotics.

Governor Quinn signs anti-tethering law By Melissa Anne Maye August 2013 In July of 2013, Governor Quinn signed new legislation amending the Humane Care for Animals Act by adding section 3.035 Tethering (510 ILCS 70/3.035).

Greetings from the Chair By Peter Canalia January 2013 A message from Animal Law Section Chair Peter Canalia.

Independent panel finds bureaucratic mismanagement of wild horse herds continues By Melissa Anne Maye August 2013 A 14-member independent panel assembled by the National Science Academy’s National Research Council at the request of the Bureau of Land Management concluded that the BLM’s removal of nearly 100,000 horses from the Western range over the past decade is probably having the opposite effect of its intention to ease ecological damage and reduce overpopulated horse herds.

Linscott R. Hanson, 1937-2013 August 2013 Mr. Hanson was instrumental in the creation of the Illinois Pet Trust Act, which became law in 2004.

No strict liability under the Illinois Animal Control Act By Jason G. Schutte August 2013 In Hayes v. Adams, the Second District analyzed whether a dog owner who is not in actual possession or control of their dog at the time the dog bites and injures someone can be liable to the injured person under the Illinois Animal Control Act.

The Obama Administration opposes breed discriminatory legislation By Ledy VanKavage October 2013 President Obama’s Administration put out a very clear statement in opposition to breed discriminatory legislation in their response to a petition on the White House’s “We The People” website

Pet Lemon Law By Angela Peters August 2013 This new law provides consumer protections when purchasing cats and dogs from a pet store. It helps to ensure pet owners are provided with healthy pets upon purchase. If a licensed veterinarian determines an animal ‘unfit’ within 21 days of purchase, a buyer would have the option to get a replacement pet, a full refund on the animal, or be reimbursed by the pet store for veterinary fees.

The point-and-click puppy problem—a proposed federal rule would address online puppy mills (Part II) By Page Pardo January 2013 (Editor’s Note: This is Part II of a two-part series. Part I ran in Vol. 4, No. 2, the October, 2012 Newsletter. Additionally, this article is part of a point / counterpoint discussion. See, contra, the following article by Laura McFarland-Taylor).

The proposed changes to the Animal Welfare Act do not solve the so-called “puppy mill” problem By Laura McFarland-Taylor January 2013 This article serves as a counterpoint argument to the benefits of the proposed federal rule designed to address puppy mill problems expressed in “The point-and-click puppy mill problem", supra. Both articles, when read together, express the pros and cons of expanded federal regulation in this area.

Recent case law summary By Melissa Anne Maye April 2013 Recent cases of interest to animal law practitioners.

The Section Council’s focus on “mean seeds” By David H. Hopkins October 2013 The Animal Law Section Council resolved in June to explore with appropriate Illinois officials the ultimate question presented by a recent study: Should the “mean seeds” species be banned from future Conservation Reserve Progarm plantings in Illinois?

“Why did the urban chicken cross the road?” How chickens are making “inroads” into urban communities By Melissa Anne Maye October 2013 Urban chicken-keeping is on the rise, and suburban attorneys should familiarize themselves with local ordinances in order to properly advise their clients of the requirements of their local municipality.