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OR - Vehicle - Hunting or harassing animals from snowmobile or all-terrain vehicle |
A person commits the offense of hunting or harassing animals from a snowmobile or an all-terrain vehicle if the person: (a) Operates a snowmobile or an all-terrain vehicle in a manner so as to run down, harass, chase or annoy any game animals or birds or domestic animals or (b) Hunts from a snowmobile or an all-terrain vehicle. In addition to other penalties, operators or owners of a snowmobile or an all-terrain vehicle may be liable as provided under ORS 821.310.
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OR - Vehicle, unattended animal - 30.813. Entrance into motor vehicle to remove unattended child or domestic animal; |
This Oregon law enacted in 2017 gives immunity from civil or criminal liability to a person who enters a motor vehicle, by force or otherwise, to remove a child or domestic animal if he or she follows steps listed in the law. The person must first determine the vehicle is locked and there is no reasonable method for the animal or child to exit the vehicle. That person must also have a good faith and reasonable belief based on the circumstances that entry is necessary due to imminent harm. Additionally, that person must notify law enforcement/emergency services before or soon as is reasonably practicable, use no more force than necessary to enter the vehicle, and remain with the child or animal until responders arrive. |
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OR - Veterinary - Chapter 686. Veterinarians; Veterinary Technicians. |
These are the state's veterinary practice laws. Among the provisions include licensing requirements, laws concerning the state veterinary board, veterinary records laws, and the laws governing disciplinary actions for impaired or incompetent practitioners. |
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OREGON DOG CONTROL LAWS AND DUE PROCESS: A CASE STUDY |
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Oregon Game Fowl Breeders Ass'n v. Smith |
This is an appeal of an action by a fowl breeder's association to declare Oregon laws against cockfighting unconstitutional. Game fowl breeders brought an action against a district attorney and State Attorney General seeking judgment that statutes prohibiting cruelty to animals were unconstitutional and seeking an injunction against enforcement of statutes against breeders for cockfighting. The Court of Appeals held that the practice of breeding birds suitable for cockfighting did not qualify as 'good livestock husbandry' and that cockfighting was prohibited by statute.
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Oregon Natural Desert Ass'n v. Kimbell |
After filing a complaint challenging certain decisions by the United States Forest Service and the National Marine Fisheries Service authorizing livestock grazing within a national forest, Plaintiffs filed a Motion for Temporary Restraining Order and/or Preliminary Injunction seeking an order prohibiting the authorization of livestock grazing on certain public lands until Plaintiffs’ claims could be heard on the merits.
The United States District Court, D. Oregon granted Plaintiffs’ motion, finding that Plaintiffs are likely to succeed on the merits of at least one of its claims, and that Plaintiffs made a sufficient showing that irreparable harm would likely occur if the relief sought is not granted.
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Ott v. Pittman |
In this South Carolina case, a dog owner brought a negligence action against a hog farmer who shot two of the owner's champion "Treeing Walker Coonhound" dogs. The farmer counterclaimed, alleging damages for the dogs' action and malicious prosecution. The lower court ordered judgment for the dogs' owner (Ott) in the amount of $19,800, finding Pittman 90% liable. On the farmer's appeal, this court upheld the $19,800 award, finding sufficient support based on expert testimony about the specific qualities of the breed.
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Ouderkirk v. People for Ethical Treatment of Animals, Inc. |
The plaintiffs in this case own a chinchilla ranch in mid-Michigan. They filed a complaint alleging that PETA lied to them to gain access to their farm, took video footage of their farm operation, and then published an exposé on PETA's website that put the plaintiffs in an unfavorable false light. The court ultimately granted defendant-PETA's motion for summary judgment on all the issues. The court observed that the Ouderkirks gave permission for the taping in an email that makes no reference to any restriction on that consent. Further, the primary use made of the plaintiffs' likenesses by the defendant was to advocate against the chinchilla trade; thus, PETA had a right under the First Amendment to disseminate the information containing the plaintiffs' likenesses.
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Overlook Mut. Homes, Inc. v. Spencer |
The barking of Scooby the dog, caught the attention of nearby neighbors, and the Plaintiff, Overlook Mutual Housing Corporation. Overlook established a no-pet rule for its residents with an exception for service animals. Scooby's owners (the Spencers) received a letter warning them to remove the dog from their home. In response, the Spencers obtained a letter which requested that Overlook make a reasonable accommodation for their daughter Lynsey, who needed a support dog to facilitate in her psychological treatment. Overlook did not grant the Spencer's request for accommodation and filed a Complaint against them. The Spencers then filed a counter claim and Overlook then moved for summary judgment. The court stated that pet policies have to comply with the Federal Fair Housing Act (FHA). Based on the intent of the FHA to provide reasonable accommodation rather than public access like the ADA, HUD and the DOJ's recently revised regulations on the need for emotional support animals in HUD-assisted housing, and previous actions brought against housing providers that denied emotional support animals, this court concluded that emotional support animals can qualify as reasonable accommodations under the FHA. Further, the court held that they do not need to be individually trained like service animals. Overlook's motion for summary judgment was denied. |
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Overview of Ag-gag Laws |
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