animal abuse, animal rescue, animal sanctuary, animal welfare, elephant, Keine Tiere im Zirkus, legal, Nosey the Elephant, refuge, saved for now, say no to animals in entertainment, Tierquälerei, Tierrecht, Tierrettung, Tierschutz, victory, Wildtierschutz

Success for Nosey, the Elephant!

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Photo: PeTA

One of my first blog posts was about Nosey, the elephant. Today, four years later, I am grateful and immensely happy to share with you that this one elephant is finally in a safe  sanctuary, will never be exploited again.

Many, many people worked together for this happy ending – hopefully it will be the beginning of the end of animal exploitation in entertainment.

23. JAN. 2018 — A Lawrence County, Alabama judge has ruled today that Nosey the elephant will be able to stay in true sanctuary at The Elephant Sanctuary in Tennessee. A case against Nosey’s notorious owners, the Liebel Family Circus, was heard on December 15, 2017, and Judge Angela Terry has ruled that Nosey will remain at the Sanctuary PERMANENTLY!

SAVE NOSEY NOW has worked since 2013 for this day, chasing this small family circus from town to town all over the country, never giving up on Nosey for one day. We pushed hard at the USDA who was charged with upholding the Animal Welfare Act by promoting call-in actions, tweetstorms, letter writing campaigns, and a formal march on their Washington, DC site in June 2015. We also dug deep into the patterns of abuse by this small family circus and pushed hard against the Florida Wildlife Commission who repeatedly rubberstamped the permit for this abusive family to keep and use Nosey. Our work involved research into many state and city animal laws as Nosey was hauled around the country from state to state, city to city, day to day, month to month, year to year. We were successful in shutting down venues in many locations as the entities were educated about the true life of Nosey the elephant.

We have run into many obstacles along the way to Nosey’s freedom, but the powers aligned in the little town of Moulton, Alabama on a fateful day in November, 2017 where Nosey was spotted by some very brave local women. These women saw a wrong and decided to fix it. Googling Nosey, Save Nosey Now was found, and we were able to provide assistance to the local officials throughout the proceedings with documents, pictures and videos to strengthen the case against the circus owners. Contacting the law enforcement division of PETA, more resources were on the way to Alabama. Save Nosey Now was pleased to be a part of the bench trial in Lawrence County, Alabama, and to provide assistance wherever needed.

We thank the good people of Alabama for their perseverance and follow through. We thank our supporters who have always believed that this day would come for Nosey, and we thank all the other organizations who worked hard for Nosey for many years.”

Nosey the Elephant’s story can be found here:

https://www.facebook.com/Nosey-The-Elephant-Needs-Our-Help-207161135983376/

http://www.huffingtonpost.ca/sangita-iyer/elephant-abuse_b_5769818.html

https://www.elephants.com/news/press-releases/posts/nosey-arrives-safely-at-the-elephant-sanctuary

Judge gives Lawrence County custody of Nosey the elephant

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Good News: India Passes New Rules for the Protection of Animals

These new rules are not perfect for the animals, but one step closer to a better life for animals living in India. PeTA India published this positive information:

The Ministry of Environment, Forest and Climate Change has released three new Gazette notifications under The Prevention of Cruelty to Animals Act, 1960, to regulate dog breeders , animal markets, aquariums, and pet shops that sell fish. This progress has included a joint effort by animal protection groups including PETA India. PETA India was involved in the public consultation process for these rules and had provided useful comment to strengthen protections.

The rules are the Prevention of Cruelty to Animals (Dog Breeding and Marketing) Rules, 2017; Prevention of Cruelty to Animals (Regulation of Livestock Markets) Rules, 2017; the Prevention of Cruelty to Animals (Aquarium and Fish Tank Animals Shop) Rules, 2017; and the Prevention of Cruelty to Animals (Care and Maintenance of Case Property Animals) Rules, 2017.

In a perfect world, laws to protect animals would eliminate all cruelty, because dogs shouldn’t be bred and sold, cattle and other animals shouldn’t be sent to slaughter, and fish shouldn’t be kept in tanks. But sometimes change occurs in stages, and for now, the government has passed certain additional protections for dogs and fish as well as for cows, buffaloes, camels, and other animals who end up at animal markets. We also commend the government for helping remove animals from abusers through the Prevention of Cruelty to Animals (Care and Maintenance of Case Property Animals) Rules, 2017.

Some points to be noted include the following:

• The Prevention of Cruelty to Animals (Care and Maintenance of Case Property Animals) Rules, 2017 says, “If the accused is convicted, or pleads guilty, the magistrate shall deprive him of the ownership of animal and forfeit the seized animal to the infirmary, pinjrapole, SPCA, Animal Welfare Organisation or Gaushala already having custody for proper adoption or other disposition.”

• According to these new rules, dog breeders and owners of aquariums and pet shops that sell fish must register with the animal-welfare board of their respective states.

• No aquarium can keep, house, or display “any cetaceans, penguins, otters, manatees, sea turtles and marine turtles, artificially coloured fish, any species of fish tank animals listed in the Wildlife (Protection) Act, 1972 (53 of 1972), or any species listed under the Appendix I of the Convention of International Trade in Endangered Species”.

• The sale of camels and all types of cattle, including buffaloes, for slaughter via animal markets isn’t allowed. The sale of cattle and camels can be made only to a person who carries valid documents proving that he or she is an “agriculturist”.

• Certain types of cruelty that commonly take place at markets will no longer be allowed, including hot branding and cold branding, mutilating animals’ ears, and force-feeding animals fluid to make them appear fatter in order to fetch a better price.

Unfortunately, the new rules don’t prevent the dairy industry from continuing to supply animals to the beef industry. India’s beef industry is massive because its supplier, the dairy industry, is massive. Read more about the link between beef and dairy foods here.

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AAVS American Anti-Vivisection Society, against animal testing, animal abuse, animal rights, animal trade, animal welfare, gegen Tierversuche, Tierquälerei, Tierschutz

Good News Is in Reach: US Congress Approves Bill Reducing Animal Testing

The European Union has set the pace when banning animal testing for cosmetics. Now the United States Congress has approved a bill that specifically gives “preference for the development and use of alternative methods and strategies” instead of animal testing.

The road towards the elimination of all animal testing remains bumpy and deadly for many animals, but this is an encouraging step in the right direction.

Wayne Pacelle, Humane Society of the United States, writes: “The Senate gave final approval to a bill that revamps a 40-year-old federal law regulating the use of chemicals. The bill contains – for the first time in any broader environmental and health protection statute – an explicit decree from Congress to minimize animal testing and to create a clear preference for the development and use of alternative methods and strategies. The section of the bill relating to animal testing, championed by Senators Cory Booker, D-NJ, and David Vitter, R-La. – and strongly supported by Senators Tom Udall, D-NM, Jeff Merkley, D-Ore., Sheldon Whitehouse, D-RI, Chairman of the Committee on Environment and Public Works Jim Inhofe, R-Okla., and committee ranking member Barbara Boxer, D-Calif. – was its own hard-fought battle, and the inclusion of this language will almost certainly accelerate the movement away from animal tests for chemicals, pesticides, biocides, cosmetics, and other potentially dangerous substances in risk assessment protocols or for safety substantiation.

Once President Obama signs this legislation, as he is expected to do in the next few days, it gives the Environmental Protection Agency an unmistakable mandate from Congress that it must continue to embrace 21stcentury science and wean itself off outdated animal testing protocols, which are expensive, slow, and often non-predictive of the human circumstance. I wrote recently that the EPA is dramatically decreasing animal tests for pesticide hazard assessments, and is now working to replace animal tests in its endocrine screening program. In fact, in 2016, the EPA proposed to waive skin lethal dose tests for pesticide formulations.

The National Institutes of Health, the largest funder of biomedical research in the world, has allocated tens of millions more in funding to the development of non-animal methods and approaches, and this work will build on the battery of non-animal-testing methods already in use and increasingly widely accepted by scientists. In testimony before a key Senate panel this year, NIH director Francis Collins predicted “that ten years from now, safety testing for newly developed drugs as well as assessment of the potential toxicity of numerous environmental exposures will be largely carried out using human biochips that are loaded with cells accurately representing heart, liver, kidney, muscle, brain and other tissues. This approach, made possible by the dramatic development of induced pluripotent stem cells (IPS cells), will mostly replace animal testing for drug toxicity and environmental sensing, giving results that are more accurate, at lower cost, and with higher through-put.”

The Organization for Economic Cooperation and Development, a consensus body of 36 member nations, has embraced the concept of using the best new techniques and approaches for risk assessment, and that will also accelerate the move away from animal testing on the international stage.

To be sure, this is a global movement, and there is progress on many fronts. In 2013, the European Union banned cosmetic animal testing and trade, and India followed suit the next year. Earlier this week, we announced that Australia will soon join that club.

We are making gains in other domains where animal testing has long been a feature of risk assessment. In 2012, our Humane Society International team in Europe worked to reduce animal testing requirements, perhaps by as much as 50 percent, for risk assessment for pesticide and biocides. We’ve also succeeded in convincing Brazil, Canada, the EU, and India to delete the requirement for a notorious one-year dog pesticide-poisoning study requirement (the United States deleted the requirement back in 2007).

In the past year HSI also convinced the EU to adopt animal replacement methods for skin/eye irritation, skin allergy, skin lethal dose testing and a reduced animal use test for reproductive toxicity under its chemicals law – potentially sparing 2.6 million animals the effects of these painful tests, while the Indian health ministry banned repeat animal testing of new drug imports.

In all, there is evidence around the globe that a combination of moral intention to reduce and eliminate animal testing and new technologies that give us superior options are ushering in a new paradigm in the realm of safety testing and drug efficacy work. This is the humane economy in action. The long-established practice of poisoning animals for a variety of purposes is on the way out, and it will be replaced by human biology that will give us better results and not leave a trail of animal victims in our wake. The language in the TSCA reform legislation to be signed by President Obama is the latest and, in some ways, the clearest evidence of this trend. For that reason, this legislation may be the most important animal protection gain in the entire 114th Congress.”

You can read more here:

Congress sends landmark bill to reduce animal use in chemical testing to Obama

http://www.humanesociety.org/news/press_releases/2014/02/federal_bill_to_end_cosmetics_testing_introduced_in_Congress.html

https://www.congress.gov/bill/114th-congress/house-bill/2576

https://www.congress.gov/bill/114th-congress/house-bill/2858

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When Laws Change in Favor of Animals, There is Hope

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photo: Washington Post

In most legal systems of the world animals are still “things” and not beings. Even though this has not (yet) changed in the United States, it is a big step in this direction when animal cruelty is to be a treated as a crime by the FBI. This includes only companion animals, for now. Mary Lou Randour, a psychologist who started the fight for this change, is to be applauded for her consistent push that has significantly paved the path towards success.

You can read more here:

https://www.washingtonpost.com/news/inspired-life/wp/2016/01/06/a-big-win-for-animals-the-fbi-now-tracks-animal-abuse-like-it-tracks-homicides/?postshare=1381452806388458&tid=ss_tw-bottom

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animal abuse, animal welfare, bear, hunting, legal, Tierrecht, Tierschutz

Who Want Bears in Florida?

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It seems only hunters want bears in Florida. The lobby for the animals in Florida had a chance in court, but lost. So this year the bears will have no protection from those who kill for pleasure.

There is a chance the appeals court will vote differently, but there is “bearly” any time left. Please speak up for the bears and help them survive in Florida.

You can read more here:

http://www.nytimes.com/2015/10/11/us/floridas-bears-go-from-brink-of-extinction-to-rifles-crosshairs.html?_r=0

http://www.orlandosentinel.com/news/politics/os-bear-hunt-court-hearing-20151001-story.html

http://www.speakupwekiva.com/Stop_the_Black_Bear_Hunt.html

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animal abuse, animal rights, chimpanzee, Nonhuman Rights Project, Tierrecht, Tierschutz

Animals and the Law

It is hard to say what needs to be done first to change the plight of animals: change the human behavior by raising awareness or changing laws according to scientifically based research studies indicating that animals are beings, not things.

The Nonhuman Rights Project believes in the law and has gone to court to fight for the rights of two chimpanzees:

“The New York County Supreme Court Justice Barbara Jaffe issued a 33-page decision in the case of the chimpanzees Hercules and Leo. They are being held in captivity in a Stony Brook University laboratory.

Justice Jaffe denied habeas corpus relief to Hercules and Leo only because, as she wrote, “for now” she is bound by the intermediate appellate court decision in Tommy’s case, which we have placed before the Court of Appeals—New York’s highest Court— seeking further review.

As with Tommy’s and Kiko’s cases, the legal battle will continue as our chimpanzee plaintiffs continue to suffer in captivity the way any self-aware, autonomous being would.

What Justice Jaffe’s decision does is allow us to appeal the decision to First Department which, unlike Justice Jaffe, is not bound by the decision of the Third Department in Tommy’s case.

As we work on what will be a prompt appeal of the decision, we’re pleased also to tell you that:

  • One, Justice Jaffe’s decision was thoughtful and comprehensive. We thank her for so carefully examining our arguments and for having granted the historic Order to Show Cause that compelled the Attorney General’s office to appear in court on May 27th to justify Hercules and Leo’s detention at Stony Brook.
  • Two, Justice Jaffe agreed that the NhRP had standing to litigate on behalf of Hercules and Leo. Indeed, she rejected one by one all the procedural barriers the Attorney General of New York attempted to place before her. She also rejected the argument that “opening the floodgates” to lawsuits on behalf of other nonhuman animals (also known as the “slippery slope” argument) was a sufficient reason for denying relief to Hercules and Leo and refused to follow the appellate decision handed down in Kiko’s case (which is also before the Court of Appeals for further review on our request).
  • Three, she concluded her decision on what we see as a sympathetic, positive note: ´Efforts to extend legal rights to chimpanzees are thus understandable; some day they may even succeed.´We encourage you to read the entire decision and share this news with your friends and fellow nonhuman animal advocates.”

You can read more here:

http://www.nonhumanrightsproject.org

Click to access Judge-Jaffes-Decision-7-30-15.pdf

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Animals in Court

What approach to changing how humans treat animals is more effective: appealing to the conscience and hearts of humans not to hurt other beings or changing the laws so that other beings besides humans have the same legal status? Here is a group of lawyers fighting in court for the rights of animals:

“A legal team from the Nonhuman Rights Project argued on their behalf of Hercules and Leo — two chimpanzee plaintiffs wrongly imprisoned inside a SUNY animal experimentation laboratory – in a New York Supreme Court. Here are some of the news reports of Hercules’ and Leo’s historic day in court:

For a general overview of the proceedings, follow this link for a short Fox News TV report.

Wired magazine focuses on the fact that Justice Barbara Jaffe decided to call both sides into court for a hearing at all. It quotes me as telling reporters after the hearing that the fact that she held a full hearing represents a victory in itself. “Many human beings have these kinds of hearings,” I said. “Chimpanzees are now being treated like all the other autonomous beings of this world.”

Wired also takes note of how the judge challenged New York Assistant Attorney General Christopher Coulston’s argument that there’s no precedent for a case like this. It is the very essence of the common law, she said, that it “evolves according to new discoveries and social mores.” And so, she asked, “Isn’t it incumbent on judiciaries to at least consider whether a class of beings may be granted a right?”

The New York Times quotes me telling the court that chimpanzees “are the kinds of beings who can remember the past and plan ahead for the future, which is one of the reasons imprisoning a chimp is at least as bad, and maybe worse, than imprisoning a person.” They are enough like humans that they should have a right to “bodily liberty,” even if other rights, like voting or freedom of religion, are beyond them.

The Guardian also takes up the scientific evidence presented by the Nonhuman Rights Project, citing the voluminous research on “chimpanzee intelligence, emotions and consciousness” and noting that Hercules and Leo are “autonomous and self-determining beings.”

Courthouse News picks up on the parallel that the Nonhuman Rights Project draws between the imprisonment of chimpanzees and human slavery, adding that Coulston “bristled” at the comparison. “This language of animals as slaves is exactly what I’m talking about of the slippery slope,” he said, arguing that the case could open up the possibility of court cases on the rights of zoo animals, farmed animals, and even pets.”

Here are the links to more information:

http://video.foxnews.com/v/4260819425001/should-chimpanzees-have-the-same-legal-rights-as-humans/?playlist_id=921261890001#sp=show-clips

http://www.wired.com/2015/05/chimpanzee-rights-get-day-court/

http://www.nytimes.com/2015/05/28/nyregion/arguing-in-court-whether-2-chimps-have-the-right-to-bodily-liberty.html?_r=0

http://www.theguardian.com/us-news/2015/may/27/chimpanzee-animals-rights-new-york-court

http://www.courthousenews.com/2015/05/27/unprecedented-hearing-on-habeas-for-chimps.htm

http://www.npr.org/sections/thetwo-way/2015/05/27/410058029/research-chimps-get-their-day-in-court-in-new-york

http://www.wsj.com/articles/chimps-get-their-day-in-court-in-n-y-personhood-hearing-1432756362

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