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Although the Fagans could have been charged with up to 230 counts of misdemeanor neglect, prosecutors waited months to bring a single charge. In the meantime, animal welfare organizations and individuals across the state cared for the animals taken from the Fagans. Because criminal charges had not yet been brought, these good Samaritans were unable to apply for a “cost of care” bond requiring the Fagans to pay the costs until trial. As a result, these organizations spent tens of thousands of dollars in care-related expenses with no way of knowing if they’d ever be reimbursed. But there was another, far-greater concern than money for these groups: The Fulton County ALDF’s Anti-Cruelty Division helps animals nationwide S upposedly, criminals are never beyond the reach of “the long arm of the law.” But when it comes to animal abusers, some- times that arm doesn’t seem to be quite long enough. That’s why ALDF works so hard to have a long reach itself. As two recent cases demonstrate, ALDF’s staff stands ready to battle abuse anywhere — whether it’s a thousand miles away or just up the road. When Senior Attorney Dana Campbell of ALDF’s Anti-Cruelty Division recently found out about an impending miscarriage of justice that threatened dozens of animals, she knew she had to take quick action. And it didn’t matter that the animals were in upstate New York — not exactly right around the corner from the Anti-Cruelty Division’s Portland, Ore., offices. Campbell quickly winged her way from the Pacific Northwest to the East. In the process, she helped save the animals from near-certain suffer- ing…and perhaps death. The case first grabbed headlines in the Empire State late last year, when authorities seized 230 animals from Dr. James Fagan and his wife Hen- riette of Fulton County. The animals — includ- ing horses, rabbits, goats, guinea pigs, at least 36 wolfhounds and a variety of other species — were allegedly kept in squalid, unhealthy conditions. Many appeared to be starving, and there were even indications that some had resorted to cannibalism in order to survive. At least six of the animals were already dead, and several others died soon afterward. It was a hellish scene, according to the animal rescuer workers who saw it first-hand. Summer 2004 Volume 23 Number 2 A NEWSLETTER FOR SUPPORTERS OF THE ANIMAL LEGAL DEFENSE FUND INSIDE: Battle Over Anti-Cat Law Continues See Page 3 Fighting Cruelty Coast to Coast Continued on page 4 This horse ended up nearly 500 pounds underweight while under the Fagans’ “care”
Transcript
Page 1: Fighting Cruelty Coast to Coast - Animal Legal Defense Fund · pets in daily life is a matter of common knowledge and understanding as well as extensive docu-mentation. People of

Although the Fagans could have been chargedwith up to 230 counts of misdemeanor neglect,prosecutors waited months to bring a single charge.In the meantime, animal welfare organizations andindividuals across the state cared for the animalstaken from the Fagans. Because criminal chargeshad not yet been brought, these good Samaritanswere unable to apply for a “cost of care” bondrequiring the Fagans to pay the costs until trial. Asa result, these organizations spent tens of thousandsof dollars in care-related expenses with no way ofknowing if they’d ever be reimbursed.

But there was another, far-greater concern thanmoney for these groups: The Fulton County

ALDF’s Anti-Cruelty Divisionhelps animals nationwide

Supposedly, criminals are never beyond thereach of “the long arm of the law.” Butwhen it comes to animal abusers, some-times that arm doesn’t seem to be quite

long enough. That’s why ALDF works so hard tohave a long reach itself. As two recent casesdemonstrate, ALDF’s staff stands ready to battleabuse anywhere — whether it’s a thousand milesaway or just up the road.

When Senior Attorney Dana Campbell ofALDF’s Anti-Cruelty Division recently foundout about an impending miscarriage of justicethat threatened dozens of animals, she knew shehad to take quick action. And it didn’t matterthat the animals were in upstate New York —not exactly right around the corner from theAnti-Cruelty Division’s Portland, Ore., offices.Campbell quickly winged her way from thePacific Northwest to the East. In the process, shehelped save the animals from near-certain suffer-ing…and perhaps death.

The case first grabbed headlines in the EmpireState late last year, when authorities seized 230animals from Dr. James Fagan and his wife Hen-riette of Fulton County. The animals — includ-ing horses, rabbits, goats, guinea pigs, at least 36wolfhounds and a variety of other species — wereallegedly kept in squalid, unhealthy conditions.Many appeared to be starving, and there were evenindications that some had resorted to cannibalism inorder to survive. At least six of the animals werealready dead, and several others died soon afterward.

It was a hellish scene, according to the animalrescuer workers who saw it first-hand.

Summer 2004Volume 23 Number 2

A NEWSLETTER FOR SUPPORTERS OF THE ANIMAL LEGAL DEFENSE FUND

INSIDE:

Battle OverAnti-Cat LawContinues

See Page 3

Fighting Cruelty Coast to Coast

Continued on page 4

This horse ended up nearly 500 pounds

underweight while underthe Fagans’ “care”

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2

Summer 2004

More Judges Considering theInterests of Animals Every day, you’ll find at least one “trend story” in your local newspaper. Reality TV is in. Boy

bands are out. Low-carb diets are hot. Low-fat diets are not. Gas prices are rising. Hemlinesare falling. And on and on.

I’m not a professional journalist, but there is one trend I can report on. I can’t help but noticeit: “Trend stories” about animal custody disputes are definitely in!

In the last few months, I’ve received calls from more than a dozen journalists working on arti-cles about the growing number of animal custody battles. When a couple splits up these days, it’snot necessarily the house or the car they fight over. It’s the cat or the dog or the bird. Though themedia’s only noticed it recently, at ALDF we’ve been tracking this trend for years, and I was morethan happy to chat about it with all the reporters who were suddenly calling.

I think both the animal custody disputes as well as all the articles about them are positive devel-opments. Both reflect the fact that animal law is doing exactly what we’ve always predicted itwould: It’s entering the mainstream.

In the past, judges would simply look at an animal as yet another piece of property shared bythe couple. Divvying up animals like inanimate objects was the norm — even though the animalswere considered family by the people involved. Courts would never consider shared custody, vis-itation rights or the welfare/best interests of the animal.

But now many courts are moving towards a new approach, given both the undisputed emo-tional lives of companion animals and the overwhelming evidence that Americans view their com-panion animals as being inherently different from other forms of “property.” A California SupremeCourt Justice acknowledged that difference in a dissenting opinion when he wrote, “The value ofpets in daily life is a matter of common knowledge and understanding as well as extensive docu-mentation. People of all ages...enjoy their companionship. Those who suffer from serious diseaseor injury and are confined to their home or bed experience a therapeutic, even spiritual, benefitfrom their presence.”

Judges (often encouraged by ALDF friend-of-the-court briefs) have also displayed a growing will-ingness to consider the best interests of the companion animal when determining which party shouldget custody. In one recent case, the Alaska Supreme Court upheld the award of sole custody of thefamily’s Labrador retriever to the husband because the wife’s other dogs threatened the Labrador. Thecourt made its ruling based on a determination that the dog wasn’t safe in the wife’s new residence.In another case, an appellate court in New York awarded custody of a cat based on the emotionalconnection between the animal and the defendant in the case. The court held that the cat was a feel-ing individual who had “lived, prospered, loved and been loved” by the defendant alone.

When writing about all these developments, many of the reporters I spoke to couldn’t resist theoccasional cutesy turn of phrase: “the fur is flying in America’s divorce courts” and the like. But thegist of their articles was never dismissive or condescending. Arguing over animals in court wasn’tportrayed as “kooky” or “out there” — merely new and interesting. And I think that’s an accom-plishment in itself for the animal law movement.

If judges and journalists can embrace the idea of attorneys arguing what’s best for animals incourt, then surely the rest of the world won’t be far behind. And that’s a trend we can all be happyabout!

Sincerely,

Joyce Tischler

For the RECORD

“I can get anotherhouse. I can getanother car. I can’tget anotherRomeo.”

—Paula Savari, who fought her ex-husband

for custody of theirboxer, Romeo (quoted

in a Knight Riddernewspaper article)

“While only ahandful of lawyersacross the countryspecialize in pet-custody issues,a growing numberof family law professionals aretaking on suchcases. Dozens oflaw schools offeranimal law classesthat have segmentson pet custody.[And] the AnimalLegal DefenseFund has filedbriefs in severaldivorce cases asking that thepet’s best interestbe taken into consideration.”—The Chicago Tribune

Letter from theEXECUTIVE DIRECTOR

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Primate LawsuitDismissal AppealedLast summer, ALDF filed suit in U.S. District

Court challenging the U.S. Department ofAgriculture’s failure to ensure the humane treat-ment of primates in captivity as mandated by theAnimal Welfare Act (AWA). The suit was filed onbehalf of ALDF, the Animal Welfare Institute andthree individuals who’ve had regular contact withprimates who experienced severe psychologicaldistress due to inadequate housing and condi-tions. The government responded with a motionto dismiss based on procedural issues, arguingthat the issue was moot because the USDA hadalready acted in accordance with AWA and thatthe court didn’t have jurisdiction to rule on thematter anyway.

This spring, a federal judge ruled in favor ofthe government, granting its motion to dismiss.Acting on behalf of ALDF and its allies, the lawfirm of Meyer & Glitzenstein quickly respondedwith an appeal. The case is now before the NinthCircuit Court of Appeals, which should issue aruling before the end of the year.

“The USDA has been dragging its feet for solong on this issue, it’s unfortunate that we’ve hadto deal with one more delay,” says ALDF Execu-tive Director Joyce Tischler. “We’re looking for-ward to the day when we can present the facts incourt. There are thousands of apes and monkeysout there locked up in inhumane conditions thatignore their psychological needs. It’s USDA’sresponsibility to make sure that doesn’t happen— and they’re plainly not doing their job.”

Legal Hurdle for Akron LawsuitAnimal advocates in Akron, Ohio, are vowing

to continue their fight against that city’s cruelanti-cat ordinances despite a recent legal setback.Two years ago, the Akron city council decreedthat unleashed outdoor cats are illegal, and thecity began handing out cat traps to anyone whoasked for them. Since then, more than 3,000 catshave been captured and killed. With backingfrom ALDF, six Akron citizens filed suit challeng-ing the city’s actions as unconstitutional and theanti-cat ordinances as overbroad and vague. Atrial was scheduled for this spring.

But before the trial date could arrive, Sum-mit County Court of Common Pleas Judge

Burnham Unruh granted a motion for summa-ry judgment in favor of the city. Unruh basedhis ruling on a number of technical issues relat-ed to how the ordinances were passed. (Thelawsuit argued that the city council had over-stepped its authority by passing the outdoor catrestrictions at a private retreat as opposed to apublic meeting.) As a result of Unruh’s ruling,the trial was cancelled.

That doesn’t mean Akron’s cats will neverhave their day in court, however. Supported byan ALDF grant, attorney J. Jeffrey Holland hasfiled an appeal. And Holland points out that thelawsuit has already had an impact despite the dis-appointing ruling.

“This litigation hasbrought about a greatdeal of public scrutiny ofthe animal control poli-cies and practices of Ak-ron and Summit Coun-ty, and that’s led tosignificant changes,”Holland says. “The cityhas established mini-mum guidelines for trap-ping cats, and it now hasa policy of refusing todistribute traps duringinclement weather. Fol-lowing pressure by localactivists, leadership atthe county animal shel-ter has changed for thebetter, and a citizen’scommittee is being es-tablished to oversee itsoperations. In our view,this isn’t nearly enough —not while these misguid-ed ordinances remain onthe books. But it is a stepin the right direction.”

ALDF will keep upthe pressure on the cityoutside of the courtroom,as well. Animal advocatesare being asked to sign apetition protesting thecity council’s cat policies. More than 1,000 signa-tures have been collected so far — including thatof Mary Tatman, the great great great great grand-daughter of Col. Simon Perkins, Akron’s foundingfather. As Tatman sees it, her ancestor would’vebeen displeased to see how the town’s leaders aretreating felines today.

“The Perkins family was quite fond of cats,”she says.

You can sign the Akron petition online by log-ging onto the ALDF website (www.aldf.org) andclicking on “A Call for Action in Akron.”

3Animal Legal Defense Fund

BRIEFS…

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4

Summer 2004

ally brought against the Fagans in Fulton Coun-ty Court (in the process removing the case fromthe inexperienced Justice Court), and the couplewas arraigned and indicted. Even more impor-tantly, the D.A. publicly announced that she hadscrapped plans to give some of the animals back.

Today, many of the formerly neglected ani-mals have been placed in loving homes. All arereceiving humane care.

“Most of our cases involve animals who’vealready been abused, and we’re left trying to helpshelters and D.A.s get a conviction and a strongsentence,” Campbell says. “But here we had achance to prevent further harm to these damagedanimals by jumping in and preventing theirreturn to their alleged abusers. Any day you canprevent cruelty is a very good day.”

A phone call out of the blue brought Camp-bell another such “good day” — though at firstthe situation seemed anything but good.

The call was from Lt. Randy Covey, animalabuse investigator for the Oregon Humane Soci-ety (OHS). The Humane Society had founditself — and more than 120 neglected birds — ina tight spot, and Covey was looking for help.

The birds (most of them exotic macaws, par-rots and lovebirds) had been languishing in thehome of a woman who’d been involuntarily com-mitted to a mental institution for an indefiniteperiod of time. OHS seized them, but quicklyfound itself overwhelmed by the expense, spaceand time needed to care for so many sensitiveanimals with special needs. Yet it couldn’t placethe birds in new, loving homes because of a trickylegal Catch-22.

Under Oregon state law, the birds couldn’t beforfeited to OHS unless the owner was charged

District Attorney’s office told some of them toprepare to return about 30 animals to the Fagans.A hearing was scheduled in the Town of Oppen-heim Justice Court, and there was every indica-tion the D.A. would cut a plea deal allowing theFagans to take their animals back.

That’s when ALDF got involved. Alerted to thesituation by the Fulton County Society for the Pre-vention of Cruelty to Animals and Spring FarmCARES, a nonprofit animal sanctuary, ALDF StaffAttorney (and former prosecutor) Dana Campbellflew to New York immediately. Once on theground in Fulton County, she worked to swing thespotlight of the local media onto the case, organiz-ing a press conference and using action alerts on theALDF website to pull dozens of animal-friendlyactivists to the hearing. She also spoke with theD.A. and helped Spring Farm CARES and the Ful-ton County SPCA find a local attorney to representthem in the criminal case and possible civil casesregarding custody of the seized animals.

And it worked. Multiple charges were eventu-

Exotic birds need care.These (below, far right)

got neglect — until ALDFand its friends stepped in.

Coast to Coastcontinued from front page

Stamp of ApprovalALDF recently received the letter below from Spring Farstepped in to provide care for the dozens of neglected animal

Dear Dana,When one thinks of speaking for those with no voi

homeless, the cruelty investigator at the crime scene onent. In the short time you were here, you taught me t

Through your vocation it is important to speak thcalling screams at times when injustice is so blatant, sallowed me to see that there was a light at the end and

If there is a story to tell your family, tell them this:spent away from the people that mean most to you, t

When I and Spring Farm come to the hurdles we kyou and your organization are standing right next torather be.

Sincerely,Jeffrey C. EyreDirector of Humane ServicesSpring Farm CARES

The Animals Lose a FriendALDF staff member Lynda Pilger

spent much of her life trying tohelp animals. Sadly, that life endedfar too soon: Pilger died Thursday,May 27, at the age of 39.

“We’re simply stunned by thistragedy,” says ALDF President SteveAnn Chambers. “Losing Lynda hasbeen a big blow for all of us.”

An administrative assistant inALDF’s Anti-Cruelty Division in Portland, Ore., Pilger was killed while walk-ing home from the office with her border collie Bear, who’d been with her atwork. They were crossing the Morrison Bridge when a vehicle skidded out ofcontrol and struck them both. Pilger died at the scene. Bear was rushed to a vet-erinary hospital with severe injuries.

A committed animal activist, Pilger worked to help abused farm animals,ban the use of leghold traps and educate lawmakers about animal issues. Aformer board member of Humane USA-Oregon, she also volunteered exten-sively at the Oregon Humane Society, working directly with animals to helpget them adopted to new, loving homes. She joined ALDF earlier this year,bringing her expertise and commitment to the Anti-Cruelty Division’sefforts to end abuse.

“Lynda was often the first person people spoke to when they called uslooking for help,” says Anti-Cruelty Division Director Pamela Frasch, whohired Pilger. “She was a wonderful, big-hearted person, and we miss her.”

Bear is still struggling to recover from a shattered left femur and severespinal injuries. A few weeks after the accident, he had to undergo major backsurgery. The veterinary surgeons attempted to fuse two pairs of vertebraetogether, thus taking pressure off Bear’s spinal cord, stabilizing his skeletalstructure and hopefully giving him the ability to walk on all fours again. Earlyindications suggest that the operation was a success.

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5Animal Legal Defense Fund

with or convicted of criminally neglect-ing them. Because the woman wasdeemed mentally unstable and institu-tionalized by the courts, she wasn’t legal-ly capable of committing such a crime.So how to help these animals find newhomes?

After Campbell heard the story, shewhipped into action, researching legalstrategies. She quickly hit upon a uniquesolution: Ask the judge to give legal cus-tody of the birds to OHS with thepower to do what was in their best inter-est. And the judge did just that, issuinga protective order on behalf of the ani-mals. OHS was granted full legalresponsibility for the birds, and most ofthem have since been adopted by new,caring, capable human guardians.

If the birds in this case had been chil-dren, this is exactly how the lawwould’ve worked in the first place. Butbecause they were animals, they wereleft in limbo — until we could think upa way to get them out. Fortunately, thejudge was willing to take the birds’ bestinterests into consideration. That sets aprecedent attorneys can use to help animals in thefuture...and that’s what ALDF is all about.

“We really appreciate Dana’s open-minded-ness, expertise and willingness to pursue some-thing that had never, to our knowledge, beendone before. She was able to draw in newresources to assist us and make this a good reso-lution,” says Lt. Covey. “It would’ve been a muchmore difficult situation without her.”

Covey’s not the only one who’s full of praise

for Campbell — and ALDF’s other dedicatedstaff members.

“It takes a special kind of commitment towork for ALDF,” says Executive Director JoyceTischler. “There are so many animals in need outthere it can feel overwhelming. But Dana didn’tlet that stop her when these cases came her way.She used her legal expertise to find unique solu-tions that kept animals from harm. And that’swhat ALDF is all about.”

“Any day you canprevent cruelty isa very good day.”

—Dana Campbell,ALDF Staff Attorney

rm CARES, one of the animal welfare organizations thatls removed from the property of James and Henriette Fagan.

ice, images of the animal welfare worker caring for theor the veterinarian treating the infirm are most promi-that truly you, the lawyer, are the voice of the voiceless.

he truth, to always try, and to always find justice. Yourso obscene and so wrong. Through your actions, youthat you were going to stay to see it safe. I thank you.

: You made a difference. When you think of the timetell them thank you from all of us.know are always going to be there, we will know that

o us. There is no other place I or Spring Farm would

ATennessee man accused of starving two dogs to death and nearly killing threepuppies will go on trial this November.

Late last year, authorities in Houston County found the dead dogs and the ema-ciated puppies in a pen on the property of Sydney B. Warden. Neighbors reportedthat Warden hadn’t cared for the animals properly, and the puppies were seized andtaken to a local animal hospital. According to the county sheriff’s department, a vet-erinarian’s report backed up the claim that the dogs had not been given proper care— in fact, the puppies had all developed rickets, a disease linked to malnutrition.

Warden faces multiple counts of felony aggravated cruelty. If Warden isn’t con-victed — or if the charges are dropped or a plea bargain is reached before trial —

the puppies could be returned to his custody. Please act now! To encourage the local prosecutor to

pursue the case vigorously, send a letter to:Mr. Carey ThompsonAssistant District AttorneyHumphreys County Courthouse, Room 206Waverly, TN 37185

Man Accused of Starving Dogs

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6

Summer 2004

Last year was another busy one for the Animal LegalDefense Fund. In 2003, ALDF worked to:

ENCOURAGE AGGRESSIVEPROSECUTION OF ABUSERSIn 2003, ALDF’s Anti-Cruelty Division trackeddozens of cases, frequently stepping in to offer lawenforcement officials expert advice. By the end ofthe year, approximately 120 prosecutors hadreceived direct assistance from ALDF. In one typi-cal case, the Anti-Cruelty Division researched stateanti-cruelty law, prepared a lengthy memo forprosecutors and even suggested sentencing optionsin a prosecution involving a pair of cruelly neglect-ed Doberman pinschers — one of whom died ofstarvation and disease. The judge in the case fol-lowed the sentencing suggestions and barred theabuser from having more animals in her home.

PUSH GOVERNMENT TO PROTECT ANIMALSNearly two decades ago, Congress amended theAnimal Welfare Act to require that standards beestablished to promote the psychological well-being of apes and monkeys in zoos, labs andother facilities. But thanks to years of bureaucrat-ic foot-dragging, nothing much happened. So in2003, ALDF filed suit in U.S. District Courtchallenging the federal government’s failure to liveup to its obligations. ALDF also played govern-ment watchdog in other ways, protesting USDArule changes that restrict access to animal inspec-tion reports and urging the FAA to mandate saferhandling of animals on airplanes. On the locallevel, ALDF helped scuttle plans to exterminatenearly 50,000 prairie dogs near Lubbock, Texas.And ALDF teamed with Alley Cat Allies and alocal group, Citizens for Humane Animal Prac-tices, to battle the Akron, Ohio, city council’sefforts to exterminate outdoor cats.

SUPPORT ANIMAL ADVOCATESThrough its Project and Litigation Committee,ALDF provided thousands of dollars in grants toattorneys working on important animal law casesacross the country, including the team targetingAkron’s anti-cat ordinance with a lawsuit. ALDFalso gave member attorneys access to our extensivedatabase of pleadings, memos and briefs to assistthem in making their own cases stronger. AndALDF and its member attorneys filed numerousfriend-of-the-court briefs in cases involving ani-mals. The briefs urged judges to consider theinterests of animals when making their decisions— thus acknowledging that animals are morethan mere property. Many of the cases were on thecutting-edge of legal thought, helping to build anew body of law that is slowly but surely expand-ing the legal system’s view of animals.

EDUCATE THE PUBLICALDF’s website (www.aldf.org) has frequentlyupdated information on topics relevant to ani-mals and the people who care about them,including estate planning for companion ani-mals, advice for those whose animals have beenharmed (and useful background information forthe attorneys handling their cases) and muchmore. In addition, ALDF publishes The Ani-mals’ Advocate and a newsletter for legal profes-

The Year in Review

report

ANNUAL

’03

PHOTO COURTESY DAVE BREYER

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7Animal Legal Defense Fund

sionals, ALDF Update. In 2003, ALDFlaunched a new “e-newsletter” designed to bringnews about animal law developments to evenmore people via the Internet. And educationwas a face-to-face endeavor, too: ALDF staffersmade presentations on animal law and anti-cru-elty law across the country.

STRENGTHEN STATE ANTI-CRUELTY LAWSYears of ALDF work bore fruit when West Vir-ginia and Wyoming became the 39th and 40thstates to adopt felony anti-cruelty laws. ALDF’sAnti-Cruelty Division worked closely with leg-islators in both states, and the initial drafts ofthe laws were written by an ALDF attorney.ALDF also worked long and hard to see Ore-gon’s Measure 3 struck down — which finallyhappened thanks to an Oregon Court ofAppeals ruling. Measure 3 barred the state fromforcing forfeiture of property before criminalactivity had been proved in court, strandinganimals in shelters for months or even yearswhile their abusers’ cases crawled through thelegal system. In addition, ALDF worked behindthe scenes to help write legislation that wouldban sexual assault against animals in Florida;introduce similar legislation in the state ofWashington; draft and build support for a com-prehensive animal protection bill in Rhode

Island; and forge new relationships with law-makers at the National Convention for StateLegislators in San Francisco.

BUILD THE FUTUREALDF continued to encourage interest in animallaw by supporting Student Animal Legal DefenseFund chapters on law school campuses. ALDFmade grants to numerous student chapters tohelp the law students pull off new, more ambi-tious activities and ALDF created an e-mail dis-cussion list so that active members across thenation could keep abreast of new developmentsin animal law. ALDF staffers also taught andguest lectured in animal law classes. The numberof active student chapters jumped from 32 to 45nationwide, signifying that — with a little helpfrom ALDF — interest in animal law continuesto grow within the legal field.

CURRENT ASSETS

Cash and cash equivalents $687,263 Investments 2,022,602Accounts receivable 55,716 Prepaid expenses and other current assets 34,622 Total Current Assets $2,800,203

NONCURRENT ASSETS

Property and Equipment, net $28,902 Total Noncurrent Assets $28,902

$2,829,105

LIABILITIES AND NET ASSETS

Current liabilities:Accounts payable and accrued liabilities $31,700Trust deposits and other liabilities 34,099

Total Current Liabilities $65,799

Net assets:Unrestricted 2,763,306

Total Net Assets $2,763,306$2,829,105

SUPPORT AND REVENUE

Donations $2,520,022 Foundations and estates 459,393 List rental 90,235 Interest and dividends 43,224 Unrealized gains (losses) on investments 284,830 Realized gains (losses) on investments 65,584Other 13,766 Total Support and Revenue $3,477,054

EXPENSES

Program services $2,462,761 Administration 120,876 Membership development 537,143 Total Expenses $3,120,780

Increase (decrease) in unrestricted net assets 356,274 Net assets at beginning of year 2,407,032

Net assets at end of year $2,763,306

FINANCIAL REPORT – 2003A copy of ALDF’s full audited financial statement may be obtained by writing to ALDF.

report

ANNUAL

’03

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The Winter 2003 issue of The Animals’ Advo-cate featured an article about Max, a cat in

Spokane, Wash., who died after being set on fireby a pair of teenagers (“Little Steps on a LongRoad”). Many ALDF supporters were disap-pointed by the lenient sentence the teens received— one year of probation, a fine, 150 hours ofcommunity service and random drug checks.

ALDF was disappointed, as well. That’s whyALDF has awarded a grant to attorney AdamKarp so he can pursue a civil case against theindividuals who abused Max so cruelly.

Representing Bernadette Womack, Max’shuman guardian, Karp has filed a lawsuitrequesting that the young men’s families paynon-economic damages (i.e., compensate Wom-ack for Max’s real worth as a companion, notjust his market value as a piece of property). Inaddition, ALDF has filed an amicus (“friend ofthe court”) brief in the case supporting the needfor non-economic damages.

“Damages are clearly appropriate here...,” thebrief argues. “Max was...a living, breathing, feel-ing being with an identifiable physical and emo-

tional life and consciousness, and an importantmember of the plaintiff ’s family.”

The case is expected to go to trial April 25, 2005. According to Karp, this kind of lawsuit could

be a valuable tool for animal advocates.“It could provide a means to compensate for

the unnecessary and cruel suffering of nonhumananimals, whether the money is put in trust for theanimal’s care or [handed over] to the animal’sguardian or used to investigate and prosecute ani-mal cruelty,” says Karp, who credits ALDF withproviding “critical financial and strategic support”for the case.

Some of that strategic support has come fromALDF Anti-Cruelty Division Director PamelaFrasch, who has worked with Karp on the Maxcase. Frasch is excited about the new opportuni-ties lawsuits like this one could open up.

“Pursuing non-economic damages gives usanother option,” she says. “If we’re not satisfiedthat justice was done in the criminal courts, wecan take the matter to the civil courts. One wayor another, we can make sure animal victims likeMax aren’t forgotten.”

Nonprofit Org.U.S. Postage

PAIDTucson, AZ

Permit No. 3341

The Animal Legal Defense Fund is a nonprofit organization funded almost entirely byindividual, tax-deductible contributions. If you would like more information about ourwork, are interested in joining or wish to notify us of a change of address, write to theaddress above, or call (707) 769-7771.

Joyce Tischler Executive DirectorSteve Ann Chambers President

NEWSLETTER STAFF

Steve Hockensmith EditorStephen Farley Design Newsletter Design

David S. FavreChair

Sonia S. WaismanVice ChairSarah H. LuickSecretary

Robert L. TrimbleTreasurer

DirectorsKatie M. BrophyPaul Leonard

Joshua MarquisStephanie Nichols-YoungKatharina Otto-BernsteinCheryl Teser

BOARD OF DIRECTORS

Animal Legal Defense Fund127 Fourth Street, Petaluma, CA 94952-3005

http://www.aldf.org

A New Route to Justice: The Civil Courts➤ Long Distance Dedication

page 1

➤ Cats Still Being Trappedpage 3

➤ Tragedy Strikes ALDFpage 3

➤ 2003 Annual Reportpage 6

IN THIS ISSUE

printed on recycled paper


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