Magazine: Best Friends
Issue: September, 1994 Title: 4.
Objection sustained!

The Animal Legal Defense Fund
Author: Barbara Kohn

OBJECTION SUSTAINED!

Dr. Doolittle spoke to the animals. Joyce Tischler speaks for them. As the co-founder and executive director of the Animal Legal Defense Fund (ALDF), Joyce wants to ensure that the welfare of animals is protected under the law. By Barbara Kohn

CALL TO ACTION. Headquartered in San Rafael, California, the ALDF grew out of a small discussion group of lawyers who began to meet on a monthly basis back in 1979 to study animal rights issues. The group got its "call to action" when it learned of a U.S. Navy plan to shoot 5,000 wild burros at its Naval Weapons Testing Center in the Mohave Desert. They went to court and succeeded in halting the killings.

From that point on, the ALDF became a full-time effort. Today, it has a nationwide network of more than 750 lawyers and law students, many of whom devote part of their time to protect and promote the rights of animals, wild or domestic, through the legal system.

"Because of our limited funds, ALDF focuses on institutionalized abuse, such as factory farming or the abuse of animals in research," Joyce said. "However many of our members are involved on a community level, dealing with local cases of animal cruelty."

IN ONE OF ITS MOST SIGNIFICANT LEGAL BATTLES, the ALDF has brought pressure on the U.S. Department of Agriculture to rewrite regulations under the Animal Welfare Act that provide for the safeguard of animals used in research. In 1985, amendments were passed requiring researchers to use anesthesia and pre- and post-operative analgesics on animals, unless there were compelling scientific reasons not to; requiring researchers to exercise dogs regularly; and requiring that primates be housed in enclosures conducive to their psychological well being.

Three times since that legislation was passed by Congress, the ALDF has sued the government for not enforcing the standards. They're also working to have mice and rats protected under the same laws. (Rodents are not yet considered to be "animals" under the law!)

AT THE HEART OF THE ISSUE OF ANIMAL PROTECTION and their legal rights is the basic question of the "property" status of animals.

"Legally, animals are property," Joyce said. "They can't have guardians or others appointed on their behalf to protect them. Until we can create legal rights for animals, our work is to protect them under the laws that do exist. Sometimes this means invoking laws meant for humans or the environment to help animals."

As an example, in 1984, the ALDF's legal intervention halted the exportation of some 70,000 monkeys from Bangladesh to the United States by a research laboratory. In that case, the ALDF used the legal issue of the sovereignty of foreign governments as the basis for their successful argument.

In 1985, the organization sued the Provimi Veal Corp. under a consumer protection statute. The ALDF argued that consumers wanted to be assured that the animals were raised in a healthy, cruelty-free environment. "The calves are fed antibiotics and other chemical additives that we claimed were bad for the individuals who eat their meat," Joyce explained.

Although the ALDF lost that suit, the case received extensive media coverage about the abuses inherent in raising animals in close confinement. The court also commended them for airing important issues about animal cruelty.

HUNTING. The ALDF has successfully challenged hunting. In 1987, the organization halted the trophy hunting of California mountain lions on the grounds of a need for an environmental impact review. Similarly, in l989, an ALDF lawsuit stopped the planned bear hunt in the state that year. That case set a precedent for challenging other state hunting laws.

LEGAL ADVICE TO STUDENTS. Not all of the ALDF's efforts to advance the rights of animals take place in the courtroom. In 1989, the ALDF set up the Dissection Hotline to provide advice and counsel to students and others who do not wish to dissect animals. Since its inception, the hotline has fielded some 50,000 calls, and callers now include corporation scientists and college and grade school students.

ACTING LOCALLY. The ALDF's newest program, called Zero Tolerance for Cruelty, was launched last year to encourage the prosecution of animal cruelty cases on a local level.

"We knew that a lot of cases were not prosecuted because state attorneys and district attorneys did not have the staff or resources to handle them," Joyce said. "Under our new program, when a cruelty case is taken on, we contact the prosecutor and offer our assistance - whatever he or she needs. We can do research, write a brief or assist in locating expert witnesses. The response has been very positive. The prosecutors are very happy to receive the free legal help."

The ALDF is also planning to hold seminars where district attorneys who have handled animal cruelty cases can meet with their peers to talk about animal abuse and how to deal with it through the courts.

There are still many battles to be fought to ensure the protection of animals. However, Joyce takes comfort in knowing that in the 14 years the ALDF has been speaking out for the animals, the public's awareness about the welfare and rights of animals has increased and some progress has been made. She points to the willingness on the part of many cosmetic companies to not test their products on animals and believes to some extent the conditions of laboratory animals have improved. "But there's still a long way to go before the concept of the legal rights of animals is accepted," she said "and that is our ultimate goal."

If you are interested in finding out more about the Animal Legal Defense Fund, you can write them at 1363 Lincoln Ave., San Rafael, CA 9490l. The phone number is (415) 459-0885.

P.S. Some things to do if you know an animal who needs legal help: You can call the Animal Legal Defense Fund at (415) 459-0885. Ask for Jennifer Holdt. She can refer you to a lawyer in your area who's on the ALDF network. ALDF has fact sheets on several subjects relating to animals, including landlord/tenant arrangements, veterinary malpractice and estate planning. You can write or call them for information. If you know of a problem involving cruelty or other abuse, ALDF has an extensive referral network.