LIDA Cases
Police shootings of pit bulls and dogs mistaken for pit bulls have reached epidemic proportions. Civil rights actions can and should be filed against the police in these circumstances. Those whose guardians are of modest means have no legal recourse and their death or disability goes uncompensated and the officers’ wrongful actions continue undeterred.
LIDA cooperating attorneys filed suit against the offending officers who LIDA believes often shoot pit bulls and those they mistake for pit bulls because of who they are, not what they did.
Animals are routinely evicted from their homes: A cat colony is evicted because a municipality suddenly decides to implement or enforce a no feeding ordinance. Dogs and cats face homelessness along with their guardians because a town decides to pass or enforce a limit law. Guardians along with their animals face displacement because a co-op or condo association imposes mounting fines alleging violation of a no pet provision of the governing documents.
Because the number of animals they shelter often subject them to unwanted attention, those who provide foster homes for rescue groups and shelters and those who do rescue themselves disproportionately find themselves on the receiving end of eviction notices or municipal charges. Having depleted their funds on the care of the animals these latter individuals rarely have funds for legal fees.
When other attorneys fail to accept these cases due to financial limitations of those seeking counsel, LIDA cooperating attorneys provide guidance and representation on a pro bono or reduced fee basis.
Shelters and rescue groups face a multitude of situations which entangle them in the legal arena. A foster home is sued for injuries allegedly inflicted by one of its fosters. An animal becomes ill after adoption allegedly infecting the adopter’s other animals. A shelter animal stressed by its surroundings bites.
LIDA cooperating attorneys provide much needed guidance and legal support for these not-for-profit corporations.
Two cases exemplify LIDA’s role in representing rescue groups: In the first a municipality sought to have animal control confiscate animals from a severely overcrowded environment. A private rescue group agreed that the animals needed to be removed but wanted to ensure that sufficient time would be provided to find foster homes for the large number of animals. A LIDA cooperating attorney protected the interests of the animals by representing the group at the court hearing.
The result of LIDA’s intervention was a Court Order which authorized the rescue group to act and provided it with a realistic time frame within which to accomplish its mission. Animals were rehomed rather than euthanized.
The second case involved a more tragic scenario. The executor of an estate had abandoned the formerly indoor cats of the decedent outside in the dead of winter. Prior to the involvement of rescue many cats had already succumbed to the cold and to starvation. Once involved, the rescue group worked tirelessly through difficult conditions to ensure the survival of the remaining cats. Bills for veterinary care mounted. When the SPCA brought charges against the executor a LIDA cooperating attorney intervened on behalf of the rescue group. The plea agreement which was ultimately achieved not only provided for the defendant to pay fines to the SPCA but also that the defendant reimburse Rescue for a portion of the considerable sums expended. LIDA represented the interest of the animals by securing the financial resources necessary for the rescue to continue its lifesaving efforts on behalf of the cats.
Frequently Asked Questions
1. What is LIDA and what does it do?LIDA is Lawyers In Defense of Animals, Inc., a small but dedicated network of New Jersey licensed attorneys with expertise in animal-related legal matters. LIDA becomes involved with legal matters in which an animal’s well-being, or even its life, may be at stake. LIDA’s emphasis is on the animals and how to use the legal system to help them. LIDA cooperating attorneys work to protect the animals and, as a result, indirectly help the people who animals are the subject of a situation that requires attorney advice or assistance.
2. What kinds of legal cases does LIDA get involved with?The kinds of legal matters in which LIDA cooperating attorneys can help are as various as the situations where animals are in jeopardy. For example, LIDA cooperating attorneys have petitioned the courts to enjoin deer and bear hunts; they have appeared in court to keep feral cat colonies from being destroyed; they have established trusts for companion animals; they have represented those facing eviction because they would not relinquish their companion animal; and disabled individuals who were told they could no longer have their therapy animal. LIDA cooperating attorneys have litigated vicious dog cases and have worked to close down “pet shops” and breeders who mistreat animals.
3. Can LIDA help me if I have a legal problem involving one of my animals?It depends on the situation, whether legal issues are involved, whether court appearances or litigation are likely, and whether LIDA cooperating attorneys are available. The best thing to do when you are in an animal-related situation that you anticipate will require legal expertise is to contact LIDA at that time. A LIDA representative can discuss your problem with you, determine whether you need legal assistance, and try to locate a LIDA cooperating attorney who can assist you.
4. Does LIDA only help if I have to go to court?No. It is much more common for a LIDA cooperating attorney to offer advice that helps people deal with or control the situation for which they contacted LIDA in the first instance. LIDA cooperating attorneys can negotiate, attend a conference, review documents such as releases or contracts, help you obtain public records, research the law, and so on. In many instances, animal-related matters do not go to court, and are resolved without the time and expense generated by litigation.
5. I do not live in New Jersey. Can LIDA help me anyway?Right now, LIDA cooperating attorneys are primarily licensed in New Jersey and practice law in New Jersey. If you live in another State, LIDA may be able to refer you to a similar organization in your state.
6. Can I become LIDA cooperating attorney?LIDA welcomes new attorneys willing to “sign on” because there are always more animals who need attorneys than there are available attorneys. If you are licensed in New Jersey, and would like to join LIDA as an attorney, please e-mail LIDA and a LIDA member will contact you directly.
7. I am not an attorney. Is there anything else I can do for LIDA?Yes. Several LIDA members are paralegals, some are associated with animal rescue groups and animal rights organizations. Some members simply want to work with the legal system for the benefit and protection of all animals, companion, domestic, and wild. Yes, you can join LIDA as a non-member.
8. How does LIDA fund its operations?LIDA is a 501(c)(3) tax exempt non-for-profit corporation. It relies solely on donations and membership fees. To donate, click here.
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