PETS. PERSONAL PROPERTY OR FAMILY?

Animal protection laws change as humans rethink pet ownership

By Cherese Cobb

Stephenie Geist writes, “Most pets display so many humanlike traits and emotions it’s easy to forget they are not gifted with the English language.” After all, more than 2,500 scientific studies prove what most pet owners know to be true. Companion animals experience emotions ranging from happiness, empathy, and love, to fear, jealousy, and even disgust.

With 70% of Americans welcoming pets into their hearts and homes, it is not surprising that our attitudes toward pets, and toward animals in general, are changing. Even though 95% of U.S. pet owners consider their animals to be family, the law in many states treats them as personal property. Basically, pets have the same legal rights as a couch or a car. They can be bred and sold, experimented on for the profit of large corporations, and even sexually assaulted in some states (i.e., Ohio and New Mexico) without repercussions. Luckily, our changing understanding of animal sentience is slowly changing Arizona state laws.

The beginning of the animal rights movement

Before the Revolutionary War, the Massachusetts General Court mandated periodic rest and refreshments for any cows or horses being led or driven. Sadly, at this time, cats and dogs had no value under the common law. Then, in 1866, shipping heir Henry Bergh founded the American Society for the

Prevention of Cruelty to Animals. With the help of Senator Ezra Cornell (R-NY) and historian George Bancroft, Bergh spearheaded a revolutionary animalcruelty law. It prohibited blood sports and animal abandonment.

Caroline Earle White co-founded the Pennsylvania Society for the Prevention of Cruelty to Animals in 1867 and founded its women’s branch in 1869. She stopped local dog catchers from violently throwing strays into crowded wagons and shooting them at the pound. White also created new humane dog traps and turned Philadelphia's municipal pound into a humane shelter. It provided pups with regular veterinary care. When necessary, it also euthanized dogs in a gas chamber in a separate room. In 1890, the Woman’s Branch added adoption, fostering, and sheltering to its program.

Despite the advances in animal rights legislation in the late 19th century, dogs and cats were still considered “base” animals kept for pleasure. This is reflected in the 1931 case, Smith v. Palace Transportation Co., Inc. A. Spencer Feld let his unleashed, fivemonth-old Fox Terrier play in the street with children. The dog was killed by a horse-drawn taxi. The Municipal Court of New York ruled that leash laws were adopted to protect the public from dog attacks. But they were not created to protect dogs from assaults by the public. Thanks to the invention of kitty litter in 1947, animal activists even shifted of the law also prohibited animal experimentation. But Hitler forced Germans to watch videos on kosher slaughter. The narrator described it as a barbaric Jewish practice. “These laws seem like a positive thing at first glance,” Piper writes, “But there is a dark side to them, and they foreshadow the true goals of the Nazis.”

On the conservative end today is the view that animals should be classified as human property. The American Kennel Club and American Medical Veterinary Association are against reclassifying pets. It may “restrict the rights of owners, veterinarians, and government agencies to protect and care for dogs.” They also worry it will decrease the fundamental rights of humans.

2. Animals as inimitable or living property

3.Individual personhood for animals

On the extreme end of the spectrum, animal rights activists want pets to have “individual personhood.” The biggest advocate for this side is Peter Singer. He believes that animals can suffer from "species-ism.” This is a type of discrimination like racism or sexism. Legal scholar Steven Wise also argues that African gray parrots, great apes, elephants and cetaceans (i.e., whales, dolphins and porpoises) should possess the legal right to "bodily liberty” because of their superior thinking skills.

Making Arizona better for animals

adopt them because they were afraid their insurance rates would go up,”

Sen. Kavanaugh said. “People will be less likely to be thrown out of their apartments because they cannot lose their insurance coverage.” their attitudes toward cats. They were once considered the semi-wild killers of cherished songbirds. Then, in 1966, President Lyndon B. Johnson signed the Animal Welfare Act. It is the only U.S. federal law that regulates how animals are treated in exhibitions, teaching, research, testing, transport, and by breeders.

By the turn of the 21st century, all 50 states and the District of Columbia criminalized cruelty toward animals. Today, in Arizona, animal cruelty is a class A misdemeanor, punishable by six months in prison and a $2,500 fine. Harming a K9 cop or a service animal is a class 6 felony with a fine of up to $150,000 and a one and one-half-year prison sentence.

How should animals be classified?

There is mounting pressure to give animals more legal rights. But the current law is somewhat fuzzy and inconsistent. Therefore, scholars and legal professionals are concerned about what the future holds for pets and people. There are three main views on animal rights.

1. Animals as human property

Historian Matthew Piper points to the 1933 Animal Protection Act passed by the NAZI Party. Adolf Hitler arrested and fined people for animal cruelty. He banned force-feeding fowl and provided protection to wild animals in zoos and circuses. The initial version

Moderate animal activists want pets to be classified as inimitable or living property. This hybrid status recognizes that pets straddle the line between human property and family members. Kelly Watson, from the Michigan State College of Law, states that pets have personal preferences. Pets can also adapt their personalities and demeanors to their environment. For example, if a puppy is socialized when it is between 3 and 12 weeks old, it will most likely be friendly and affectionate through adulthood. But, if a puppy of the same age does not have any human interaction it may become feral.

Senator John Kavanagh (R-AZ), named “Legislator of the Year” three times by the Humane Society of the United States, said it would be an uphill battle to reclassify animals. “It is better to focus on protections against animal abuse and poor care.” He also added the Arizona GOP is pushing for civil suits in animal abuse cases. It would allow pet owners to collect damages for pain and suffering, with a cap of $10,000.

“I have also been working on a website with the names, description, and pictures of animal abusers for six years. I cannot get that done,” Senator Kavanagh said. “The animal abuse registry bill keeps getting stalled in committee so no vote is ever held.” This landmark legislation would allow breeders and animal shelters to screen out applicants convicted of felony animal abuse.

In April 2021, Arizona Governor Doug Ducey (R-AZ) signed HB 2507, also known as Matthew’s Law. After Matthew Meisner was tragically murdered, his family could not rescue his three cats. That is because Hunter, QT, and Skitty were considered personal property. They could not be touched by the landlord for up to 15 days. Matthew’s Law is the brainchild of Rep. Shawnna Bolick (R-AZ) and Matthew’s cousin, Meg Epstein. The animal rights law lets landlords release pets to the relatives of incapacitated or deceased tenants. It also allows landlords to send abandoned pets to boarding facilities and animal shelters.

Senator Kavanagh has authored many animal rights bills, including House Bill (HB) 2626 and HB 2323. HB 2626 requires animal shelters and veterinary clinics to thoroughly scan stray pets. And they are required to make a reasonable attempt to contact their owners. This new law also applies to animal crematories when pets are not brought in by their owners. While HB 2626 does not have an oversight committee, violators can be fined up to $5,000.

House Bill 2323 prevents insurance companies from discriminating against dog breeds. German Shepherds, Dobermans, Pit Bulls, Chow Chows and Rottweilers are often blacklisted. “Some people might have been reluctant to

Senator Kavanaugh plans to revive bills on animal pounds because the situation in Maricopa County has become very disturbing. “Most animal rights bills are not partisan,” he said. For example, Representative Amish Shaw (D-AZ) tried to introduce a state-wide anti-tethering bill. But it did not get a hearing. “It is the egregious cases that risk injury to pets that you want to catch. You do not want to penalize the person in a rural neighborhood who ties his dog to a post outside the general store for a few minutes,” Senator Kavanaugh said.

“Many people have great animal legislation ideas that go too far. I turn, look up, and say, 'About half a mile that way is the cemetery of dead bills. Here lies House Bill one, two, and three. Died of overreach.' It is easy to kill a bill because it goes through tremendous hurdles.”

Moving forward together

Do you support a state-wide antitethering law?

Do you want stiffer penalties for criminals who take the life of a K9 cop?

Call your local representatives and make your voice heard. If you cannot talk to them, leave a voice message.

If you want to send an email, make it personal and no longer than two paragraphs. Senator Kavanagh also recommends including your personal address. Write, “I am your constituent.” That is the most powerful type of lobbying.

Cherese Cobb is a professional writer and photographer from Tennessee. When she’s not penning copy for magazines and blogs, she splits her time between family, nature, and cat-worship, and chugs coffee to survive all three.