January 1, 2009

2008 was a busy year for animal welfare organizations and activists, who facilitated many laws that will pave the way for progress in the new year. (Pet Pulse Illustration by Tim Mattson)

NEW YORK -- 2008 is officially a thing of the past, but that doesn't mean the year's legacy of animal welfare legislative progress will not withstand the future.

If history is any indication, 2009 could be another active year on the animal welfare front. After all, it marks the 200th anniversary of the first animal cruelty bill ever passed through a national legislature in England. The United States did not adopt a similar measure until the mid-1800s.

Monitoring the hundreds of animal related bills that pass through state and federal government floors each year is difficult, says Stephan Otto, director of legislative affairs for the Animal Legal Defense Fund, an animal legal rights nonprofit based in California.

But some new laws reflect a changing current in the world of animal welfare, exemplifying a popular shift in attention to particular issues and abuses.

"It's been an exceptional year," said Nancy Perry, vice president of government affairs for the Humane Society of the United States.

More than 25 states considered legislation to crack down on animal fighting this past year, according to The Humane Society of the United States. The energy is perhaps a partial response to the highly publicized case of Michael Vick, an Atlanta Falcons quarterback who was indicted for unlawful dogfighting in 2007.

Idaho became the 49th state this year to make dogfighting a felony; Wyoming later followed suit, and the law went into effect in July.

"It's a great victory for the animal welfare community, and personally," said Mike Kiggins, president of the Wyoming Association of Animal Control. "I definitely felt that this was something we needed to get changed, and that this was long overdue."

Kiggins says he hasn't heard of a dogfighting case since July, but that the potential of a felony count could help thwart future offenses.

"What the law does is make it easier to get law enforcement to help with tracking people down," Kiggins said. "We have had a really tough time trying to get law enforcement officers to investigate cases when the crime is just a misdemeanor."

The amended law could also discourage dogfighters from crossing the border to gamble on the violent sport.

"Before, it was easy for people who lived in Colorado to cross over into Wyoming and then cross back," Kiggins said. "It was just a misdemeanor here, but not anymore."

Dog racing, another form of gambling at the expense of animals, also became officially taboo in Massachusetts this year. On Nov. 4, voters approved Question 3, which phases out the state's greyhound racing industry over the next two years.

Animal welfare activists cited poor conditions, frequent accidents and deaths at Massachusetts' two major commercial tracks, as Pet Pulse previously reported.

"This is a fantastic victory," said Brian Adams, spokesman of the Massachusetts Society for the Prevention of Cruelty to Animals, which co-sponsored the bill. "It showed that the majority of Massachusetts residents will speak up for animals, that they do care what happens to the animals in our state."

Both the Raynham-Taunton Greyhound Park in Raynham, Mass., and the Wonderland Greyhound Park in Revere, Mass., are cutting back on racing times since the law passed, according to Adams, as more dog racers have been pulling out of competitions.

Every state has introduced some new piece of animal welfare legislation this past year, Otto says, noting that the various laws range greatly in nature and scope.

While Delaware became the fourth state to require the labeling of garments containing animal fur, Washington, D.C., joined a growing list of states that requires cross-investigations when instances of child, domestic or animal cruelty are cited.

Michigan passed a law that considers the number of animals involved in an abuse case, enacting a higher penalty when cases involve more animals.

Even Kentucky, which the Animal League Defense Fund has twice labeled the "worst" state for animal welfare laws, showed some progress. Now, torturers of dogs or cats will face a felony count on the first offense of a death or physical injury; previously, a felony only came into play for repeated offenders.

Many of the small animal welfare laws that get passed each year -- or the many other bills that never take off -- fall short of garnering significant public attention, Otto says.

"There are hundreds of bills on the table each year," he said. "And for most states, passing these laws is a multi-year process."

The active political environment is a welcome change, Otto says, remarking that 20 years ago, only five states in the U.S. classified animal cruelty as a felony offense.

Now, only five states -- North Dakota, South Dakota, Idaho, Mississippi and Arkansas -- merely consider animal cruelty a misdemeanor.

"There has been a huge shift in the past two decades," Otto said. "I think the laws are starting to catch up with societal values and how we feel about animals."

The Prevention of Farm Animal Cruelty Act, known as Proposition 2, was perhaps one of the most highly publicized animal welfare laws passed this year.

Nearly 64 percent of California voters approved the measure on Election Day, thus establishing more humane confinement practices for farm animals. The law will mainly affect veal calves, egg-laying hens and breeding pigs that are born and live in cramped cages.

Without extensive legal protection, many farm animals in California "have spent their whole lives in crates where they were unable to turn around," said Kim Sturla, executive director of Animal Place, a farm animal sanctuary and educational center in Vacaville, Calif.

The animals will not be legally entitled to more humane holding grounds for another six years, however, when the law officially goes into effect.

"We're not even there yet," Sturla said. "All the law does is stipulate that the animals have enough room to turn around and stretch their wings. It's still groundbreaking, but it is a sad statement that we had to get a law passed just to give these animals that minute freedom."

Otto says he has noted "an increased interest in types of ways farm animals are confined," a trend he and Perry expect will carry over into the coming years.

Colorado was another state to leave its mark on this initiative in 2008, when it banned both the use of veal crates and gestation crates. It is the first state to have done so.

The public has also turned its attention to confronting and eliminating puppy mills across the nation, with several states seriously clamping down on the inhumane facilities.

Louisiana placed a limit on the number of dogs kept by breeders, cutting them off at 75 adult dogs; Virginia became the first state to limit the size of puppy mills, making it illegal to keep more than 50 dogs older than 1-year in a given location.

After several high profile puppy mill raids and shootings, Pennsylvania, which has gained the moniker "Puppy Mill Capital of the East," is also working to shed its reputation.

The Keystone State's new puppy mill law imposes strict standards on commercial kennels, which are now legally obliged to give its dogs larger cages, more veterinary exams and an increased amount of exercise.

The law also strips Pennsylvania commercial kennels of killing its dogs by euthanasia or shootings, leaving the task to only veterinarians. This ruling followed an August incident, in which two eastern Pennsylvania kennel operators shot their 80 dogs to death, and subsequently faced no standing legal consequences.

Pennsylvania will see the law's effects unfold over the coming months, says Andrea Pace, attorney for the investigations department of the Pennsylvania Society for the Prevention of Cruelty to Animals.

She is hopeful, yet cautious that the law will have a turn-around effect on the number and conditions of puppy mills in Pennsylvania.

"There is still so much cruelty in the state," Pace said. "But we are hoping this bill and other bills will help change things. It's a first big step."

Otto says people can expect to see an equally steady momentum of animal welfare legislation hitting state capitals and Washington, D.C., in 2009.

In particular, look out for more states working to better their animal neglect laws, as well as increased measures of legal protection for animal victims, he suggests.

"Especially during this economic downturn, we will see an increased interest in shifting the burden of caring for these animals back to the offender," Otto said.

After all, there is always room to grow.

"For every state, even the ones that are ranked highest with animal protection laws, there is always room for improvement," Otto said.

The potential extent of that improvement and growth, however, will only be revealed in the months to come.

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