Animal Legal Defense Fund v. State, Department of Wildlife & Fisheries

140 So. 3d 8, 2012 La.App. 1 Cir. 0971, 2013 WL 1774638, 2013 La. App. LEXIS 825
CourtLouisiana Court of Appeal
DecidedApril 25, 2013
DocketNo. 2012 CA 0971
StatusPublished
Cited by3 cases

This text of 140 So. 3d 8 (Animal Legal Defense Fund v. State, Department of Wildlife & Fisheries) is published on Counsel Stack Legal Research, covering Louisiana Court of Appeal primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook
Animal Legal Defense Fund v. State, Department of Wildlife & Fisheries, 140 So. 3d 8, 2012 La.App. 1 Cir. 0971, 2013 WL 1774638, 2013 La. App. LEXIS 825 (La. Ct. App. 2013).

Opinion

WELCH, J.

LThis is an appeal by the intervenors, Tiger Truck Stop, Inc. (“Tiger Truck Stop”) and Michael Sandlin, from a judgment in favor of the plaintiffs, granting [11]*11permanent and mandatory injunctive relief against the State of Louisiana, Department of Wildlife and Fisheries (“DWF”) relative to a permit request by Michael Sandlin to DWF, allowing him to possess a male tiger (“Tony”) on the premises of Tiger Truck Stop. Additionally, before this Court is a motion to strike, filed by the appellees/plaintiffs. For reasons that follow, we grant the motion to strike; we dismiss the appeal, in part, as moot; and we reverse, in part, and affirm, in part, the judgment of the trial court.

FACTUAL AND PROCEDURAL HISTORY

Tiger Truck Stop is a service station located just off of Interstate 10 in Grosse Tete in Iberville Parish, Louisiana. In 2001, Tiger Truck Stop acquired ownership of Tony, and since that time, Tony has lived and been exhibited on the premises of Tiger Truck Stop. Michael Sandlin is the sole stockholder and registered agent of Tiger Truck Stop.

In effect when Tiger Truck Stop acquired Tony was an Animal Control Ordinance that had been unanimously adopted by the Iberville Parish Police Jury. Section 3-91 of the Ordinance provided:

Display of wild or exotic animals prohibited

No person shall keep or permit to be kept on his premises any wild, exotic, vicious animal or reptile for display or for exhibition purposes whether gratuitously or for a fee. This section shall not apply to zoological parks, performing animal exhibitions, circuses, or veterinary clinics.

In 2006, the Louisiana Legislature enacted House Bill 795, which was introduced by former State Representative Warren Triehe, Jr., who is a plaintiff in this matter. The bill was ultimately signed by the Governor of Louisiana and Lbecame Act 715. See 2006 La. Acts, No. 715, § 1. This legislation enacted La. R.S. 56:6(31) to provide as follows:

The [Louisiana Wildlife and Fisheries] commission, through its secretary:

[[Image here]]
(31) Shall promulgate rules and regulations to control the importation and private possession of big exotic cats including but not limited to tigers, lions, leopards, jaguars, cheetahs, and hybrids resulting from cross-breeding of such cats. The rules shall provide exceptions for big cats traditionally kept by colleges and universities as school mascots, animal sanctuaries, zoos, wildlife research centers, and scientific organizations. Such rules shall address Internet purchase of such animals. Such rules shall also provide for permits for certain institutions and for owners who can prove previous ownership. Violation of rules and regulations adopted pursuant to the provisions of this Paragraph constitutes a class two violation punishable as provided in R.S. 56:32.

In June 2007, the Louisiana Wildlife and Fisheries Commission promulgated rales and regulations to implement 2006 La. Acts, No. 715, § 1, which are set forth in LAC 76V.115. These regulations provide, in pertinent part, as follows:

§ 115. Possession of Potentially Dangerous Wild Quadrupeds, Big Exotic Cats, and Non-Human Primates
A. This commission finds that possession of certain potentially dangerous ... big exotic cats ... poses significant hazards to public safety and health, is detrimental to the welfare of the animals, and may have negative impacts on conservation and recovery of some threatened and endangered species.
1. The size and strength of such animals in concert with their natural [12]*12and unpredictable and/or predatory-nature can result in severe injury or death when an attack upon a human occurs. Often such attacks are unprovoked and a person other than the owner, often a child, is the victim. Furthermore, there is no approved rabies vaccine for such animals, so even minor scratches and injuries inflicted upon humans or other animals could be deadly.
2.Responsible possession of these potentially dangerous ... big exotic cats ... necessitates that they be confined in secure facilities. Prolonged confinement is by its nature stressful to these animals and proper long-term care by experienced persons is essential to the health and welfare of these animals and to society.
* * *
|4B. This commission regulation prohibits importation and private possession, and otherwise regulates certain ... big exotic cats ... as provided herein.
C. 1. Except as provided herein, it shall be unlawful to import into, possess, purchase or sell within the state of Louisiana, by any means whatsoever ... any of the following species or its subspecies of ... big exotic cats, ... domesticated or otherwise ...:
[[Image here]]
h. The following big exotic cats: i. tigers;
⅜ ⅜ *
2. Holders of a Potentially Dangerous Wild Quadruped Permit allowing possession of any listed animal, where the permit is valid on the effective date of this regulation, will be “grandfathered” and the permit will be renewed annually until existing permitted captive animals expire, or are legally transferred out of state, or are transferred to a suitable facility. No additional listed animals may be acquired by any means whatsoever, including breeding.
[[Image here]]
E. Exempted Entities. The following organizations and entities shall be exempt from this regulation, including permitting:
1. zoos accredited or certified by the American Zoo and Aquarium Association (AZA) ...
2. research facilities as defined in the Animal Welfare Act as found in the United States Code Title 7, Chapter 54, § 2132(e) ...; and
3. any person transporting any listed animal through the state ... ;
4. circuses ...;
5. Louisiana colleges or universities, for possession of a big exotic cat of the species traditionally kept by that college or university as a school mascot....
F. Permitted Entities. The following organizations and entities may be exempted from this regulation after applying for and receiving a permit from the department to possess any listed animal under the following conditions:
1. other zoos and educational institutions not covered under Paragraphs E. 1-2 above ...;
|B2. animal sanctuaries accredited or certified by the American Zoo and Aquarium Association (AZA)....
[[Image here]]
H.- Big Exotic Cats. An individual who legally possesses one or more exotic cats listed in Subparagraph C.l.h. above on August 15, 2006 (the effective date of [2006 La. Acts, No. 715]) and who can prove legal ownership is authorized to [13]*13keep those exotic cats under the following conditions:
1. Only those exotic cats legally possessed on August 15, 2006 will be permitted. Additional exotic eats cannot be acquired by any means whatsoever, including breeding.

Free access — add to your briefcase to read the full text and ask questions with AI

Related

Cite This Page — Counsel Stack

Bluebook (online)
140 So. 3d 8, 2012 La.App. 1 Cir. 0971, 2013 WL 1774638, 2013 La. App. LEXIS 825, Counsel Stack Legal Research, https://law.counselstack.com/opinion/animal-legal-defense-fund-v-state-department-of-wildlife-fisheries-lactapp-2013.