Tuesday, January 14, 2014

Pets are Property, But Should It Be A Crime to Deny Ownership?

Pet lovers might not like this story very much, but the topic is worth discussion.  

The law takes a very harsh look at pets.  Simply put, pets are viewed as personal property like your television, wallet, and car.  Pets have no "special" rights and disputes over pets are treated just like any other property dispute.  That includes the "legal fiction" that damages can make the owner "whole" if their pet (property) is damaged or destroyed (killed).

As for the story itself, The District of Columbia has a law on the books that makes it a crime for a person to deny ownership of an animal when in fact they are the true owner of the animal.  Exemptions exist for pet shops, animal shelters, and the like; but an individual owner faces a fine each time they deny ownership of their pet.

The plaintiff in this story is challenging the law based on the First Amendment.  The plaintiff is an animal activist whose public speaking tour includes a message seeking to make the audience reevaluate the traditional notions of "pet" and "owner".  He has declined public speaking appearances in the District to avoid violating the law.

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