|
|
Animal
Welfare & Advocacy
Animals
at Risk
The State
of Iowa enacted an anti-cruelty law in 1851, fifteen years before
Henry Bergh secured legislative consent for the incorporation
of the American Society for the Prevention of Cruelty to Animals
(ASPCA) in 1866. Despite laws to prevent cruelty to animals, Bergh
and the ASPCA found it difficult to get convictions. That has
not changed.
Cruelty to animals
is now a criminal offense in all states. In a growing minority
of states, animal cruelty carries a penalty at the felony level.
The majority of states, however, consider animal cruelty as a
misdemeanor offense. In Iowa (this is the “nutshell”
version), cruelty to dogs or cats carries a felony penalty only
for the second offense.
|
| How
to Get Help for an Animal
| It’s very
frustrating to know that an animal is in trouble and not be
able to get anyone to do anything about it. To make things
happen for animals, sometimes you have to spell things out
to the humans in charge more carefully than you would think.
Doing your homework carefully (e.g., gathering, documenting,
and organizing evidence—see
below) enhances the probability that you will be taken seriously. |
|
|
|
|
Familiarize
Yourself with the Law
Laws are simply
one of the tools we can use in our efforts on behalf of animals.
Try not be intimidated by the formidable writing style and special
language peculiar to the law.
Local—refer
to city ordinances (laws enacted by city councils) and county
ordinances (laws enacted by county boards).
State—refer
to Iowa’s State Constitution, state law (laws passed by the
state legislature), and state case law (decisions rendered by
the state court). The
State Department of Agriculture and Land Stewardship delegates
most of its responsibility/authority to the local level.
Federal—look
at the U.S. Constitution, federal statutes (laws passed by Congress),
and federal case law (decisions rendered by federal courts). |
| Who
Enforces the Law?
Anti-cruelty
laws can be enforced by state or local police officers or sheriff’s
deputies. Any citizen who witnesses cruelty can call the appropriate
authorities (based on where, geographically, the alleged cruelty
happened) to stop it or, after the event, can swear out a warrant
for criminal prosecution. Unfortunately
for the animals, there is no central place to call for help.
The appropriate agency
varies with the combinations of:
Geographic location—of
the problem (e.g., within city limits vs county);
•
If the problem is within the city limits of Iowa City
or Coralville, call the Iowa City Animal Care & Adoption
Center; or the respective police department.
•
If
the problem is within another city’s limits, call the
respective police department.
City ordinances
will apply, but you can fall back on State code too. The investigating
officer will decide whether to file using city ordinances
or state code. This decision is often made on the basis of
seriousness and intent. State code penalties are more stringent
and are used in cases where individuals go out of their way
to break the law, or where the more heinous crime has been
committed.
•
If the situation occurred outside city limits, call
the county’s Sheriff’s Department. State code applies.
Urgency—of
the problem (e.g., ”life or death emergency“ vs ”nuisance
barking“)
Time—of
day |
| Before
Building Your Case
The following
information about investigating animal cruelty is taken (with
permission) from The Handbook of Animal-related Laws in Iowa
published by the Iowa Federation of Humane Societies (IFHS). |
|
|
Unfortunately, there
are relatively few legal restraints concerning the treatment
of non-human animals. Pay
attention to your intuition. If you’ve seen animals being
treated in a way that troubles you, then chances are that the
animals in question are being exploited or abused.
Study all applicable
federal, state, and local laws and regulations that cover the
nature of animal exploitation that you plan to investigate.
Before you consider any action, evaluate the possible consequences
for you, the animal/s, and the alleged abuser.
•
What
or who is your focus?
•
What
is the nature of the exploitation that you want to investigate?
•
How
accessible to you is the person, facility, operation, property,
or program in question?
|
| •
What
resources do you possess and how do they match up with those of
your focus? |
|
What
Is Your Goal?
Your desired outcome
might include one or more of the following:
•
Criminal
prosecution for cruelty
•
Civil
litigation
•
Termination
of government funding
•
Enhanced
regulatory enforcement
•
Voluntary
compliance or similar action by the target
|
|
•
Exposure
of conditions and/or issues to public scrutiny or
•
Information
gathering for legislative efforts and lobbying.
The stakes can be high
so expect organized and professional opposition from business
or government; well-funded defense and media efforts; a high caliber
of legal representation; and sheer governmental inertia.
|
|
Develop
a Strategy
Without careful consideration
of how best to achieve your goal, your efforts will likely go
to waste. Merely calling the press or the prosecutor or confronting
others with righteous indignation will not change the situation
and may damage future efforts.
Authorities will not
sympathize with you unless you have specific facts and complaints
which are recognized as violations of state or federal law, regulations,
or of operating procedures of the facility in question.
Your most important
and influential aids will be your documentation and your camera.
Record when, where, why, what, and how.
|
•
When,
exactly did the alleged animal abuse take place?
- •
Where,
exactly did the problem occur?
- •
Why
(in your opinion) did it occur, and why did it occur according
to others?
- •
What,
exactly occurred and to which animals?
•
How
did the problem occur (e.g., is this normal procedure, was
a new employee involved, etc.). |
|
|
Document
Facts Carefully
Careful documentation
of events as they occur will limit variations in your interpretation
of what happened and greatly strengthen your position. Facts must
be documented and compared to the law or the regulations applicable
to the situation in question.
Gather
Evidence
The test for admissibility
as evidence is: does the item/evidence accurately portray what
it purports to represent at the time it was taken?
•
Photographic
evidence must accurately portray what it purports to represent
at the time the photograph was taken.
Information
relating to the subject matter of the photograph, specifically
when and where it was taken should be recorded and reflected
in the photograph.
For
example, a photograph of an animal in a cage should include
a sign that indicates precisely which animal this is, where
the animal is, and the date and time the photograph was
taken.
•
Line
up experts to assist in the investigation and follow-up
activities.
•
Any
forms used to record someone’s words should include
the date, time, place, and persons present. |
|
| •
Any
forms used to record someone’s words should include
the date, time, place, and persons present.
•
Written
evidence should be signed by the interviewer and interviewee.
Corrections, deletions or additions should be initialed
by both the interviewer and interviewee.
•
Each
document should have attached to it the information relating
to specifically where and when it was seized, and by whom.
•
Public
documents need to be certified as true and accurate copies
and must meet other requirements before they are admissible
in court.
•
The
face of private documents must not be altered, modified
or changed in any way. Photocopying a document is not altering
it. |
|
|
|
Work
Within the Law!
If you violate
the law, regardless of your knowledge or intentions, you will
not be able to justify your actions by comparing them to the wrongs
being committed against animals.
With
few exceptions, our legal system does not recognize a difference
between taking an animal from its owner (even for the animal’s
benefit) and taking a stereo from its owner. If
you remove an animal from the possession of the owner without
permission, you are committing the criminal act of larceny.
Although
the JCHS recognizes the injustice of treating other animals as
property, this organization does not advocate removing animals
as a legal alternative for dealing with animal abuse.
Feel
Like You Hit the Wall?
If
the appropriate authorities refuse to respond—to
a cruelty complaint (e.g., ”Oh, it’s just a cat...,”
”I don't know anything about animals...,“) call your
local (city/county) prosecutor’s office to report the lack
of action by the appropriate authorities.
If
you still are not satisfied—approach
your mayor or head of the city council or chair of your county
board of supervisors. Or if you’re a resident of the congressional
district in which the cruelty occurred, contact your representative
at the state level to convince him/her that future acts of cruelty
should be investigated.
|
| Be
creative—(e.g.,
if filth is also a problem, you may be able to get the county
health department involved on the basis of detriment to human
health). Sometimes more than one ordinance covers or refers to
a particular problem, so use them all.
The
power of the press—to
report the deliberate failure of local authorities to fulfill
their duties and its power to educate the public about the needs
and legal rights of animals should not be overlooked. If no law
exists in your jurisdiction to cover the situation in question,
contact with the media, legislature, or other sources may prove
productive.
If you have
any questions as to the appropriateness of any of your actions,
consult an attorney for guidance.
|
Iowa
City Animal Care & Adoption Center •
356-5295. Jurisdiction is limited to within the
city limits of Coralville and Iowa City. Hours are weekdays—10:30am
to 5:30pm and Saturdays—10am
to 3pm. After-hour calls are transferred to the Iowa City Police
Department, which can arrange for strays to be picked up and
deposited at the shelter.
Coralville
Police Department
• 354-1100. Jurisdiction
is limited to within city limits of Coralville. They can pick
up strays and deposit them at the shelter 24 hours a day.
Iowa
City Police Department •
356-5275. Jurisdiction is limited to within city
limits of Iowa City. They can pick up strays and deposit them
at the shelter 24 hours a day.
Johnson
County Sheriff’s Department •
356-6020. Jurisdiction is limited to areas outside
city limits 24 hours a day.
Johnson
County Public Health •
356-6040
Johnson
County Social Services •
356-6050
Iowa
Federation of Humane Societies (IFHS)
• 515-262-9503.
This is the statewide umbrella group for local humane societies,
shelters, pounds. Tom Colvin, president.
|
|
|
The University of Iowa
Farm Animal Welfare Network (FAWN)
• (a University-sanctioned
student group), Student Activities Center, Iowa Memorial Union: 351-3273.
The University
of Iowa Law School Animal Legal Defense Fund (SALDF)
• (a University-sanctioned
student group), Student Activities Center, Boyd Law Building: 400-0102.
The University
of Iowa Promoting Animal Welfare Society (PAWS)
• (a University-sanctioned
student group), Student Activities Center, Iowa Memorial Union: e-mail.
TIPS:
Turn In Poachers • 800-532-2020
Want to
work on better laws for
animals?
|
|
Animal
Welfare/Advocacy Links
American
Humane Association (AHA)—founded
in 1877, this is the nation’s only national organization
dedicated to child and animal protection.
American
Society for the Prevention of Cruelty to Animals (ASPCA)—one
of the nation’s first organizations dedicated to animals
and children as victims of abuse.
Animal
Concerns (formerly Animal Rights Resources)—T.h.e.
site for listings of animal rights organizations, specific events/campaigns,
AR petitions, and shelters/rescue/welfare.
Animal
Legal Defense Fund (ALDF)—the
country’s leading animal rights law organization. Over the
past 20 years, they’ve won precedent-setting victories for
animals on every front; in research laboratories, on farms, in
the wild, and for companion animals.
|
Animal Protection Institute
(API)—protects against
animal abuse through enforcement/legislative actions, investigations,
advocacy campaigns, public awareness, and education. Specific
areas of concern include companion animals, wildlife, animal
protection legislation, food and fiber animals, animals
used in entertainment, in laboratory research, and humane
education in schools.
Doris
Day Animal League (DDAL)—a
national, citizens lobbying organization formed to focus
attention on issues involving the humane treatment of animals
Farm
Sanctuary—in 1986,
they established the first shelter in the USA for victims
of “food animal”production. Their New York and
California farm shelters rescue, rehabilitate, and provide
lifelong care for hundreds of animals rescued from factory
farms, stockyards, and slaughterhouses. |
Humane
Society of the United States (HSUS)—founded
in 1954, HSUS envisions a world in which people satisfy the physical
and emotional needs of domestic animals; protect wild animals
and their environments; and change their relationships with other
animals, evolving from exploitation and harm to respect and compassion.
Last
Chance for Animals (LCA)—in
the 1980s and 1990s, LCA has worked on virtually every animal
rights issue, including farming, fur and animals in entertainment.
Their primary focuses are vivisection, pet theft, fur, and circuses.
Society
& Animals Forum (formerly Psychologists for the Ethical
Treatment of Animals—PSYETA)—works
with social scientists, mental health providers and other animal
protection organizations to reduce the suffering and exploitation
of both human and nonhuman animals.
| The
Animals Voice—an
award-winning, independent, networking source of timely
media coverage and resources for animals and their defenders.
Features the latest animal rights news, multimedia, calendar,
victories, thought-provoking and inspirational editorials,
graphic and compelling photography, and in-depth investigative
reports.
World
Animal Net (WAN)—is
the world’s largest network of animal protection societies
with consultative status at the UN and with over 2,500 affiliates
in more than 100 countries working to improve the status
and welfare of animals. |
|
World
Society for the Protection of Animals (WSPA)—created
in 1981 through the merger of the World Federation for the Protection
of Animals, founded in 1953, and the International Society for
the Protection of Animals, founded in 1959, WSPA is the world’s
largest network of animal protection specialists. |
|
