The Mantra Of Animal Rights Activists: IF AT FIRST YOU DONíT SUCCEED, TRY, TRY AGAIN
Nancy Halpern, D.V.M., Fox Rothschild LLP
via JDSupra - April 26, 2021
Despite having failed to establish next friends standing in Naruto v. Slater, 2018 WL 1902414 (9th Cir. April 23, 2018), PETA recently filed another case based on next friends standing for alleged animal plaintiffs, 30 barn owls housed at John Hopkins University.† It was entirely predictable that PETA and other animal rights organizations would continue to file next friends standing cases.
In Naruto, PETA sued a photographer and his publishers for copyright infringement on behalf of a crested macaque, Naruto.† The Court, relying on Cetacean Cmty. v. Bush, 386 F.3d 1169 (9th Cir. 2004), found that there was no provision in the Copyright Act authorizing a suit in the name of an animal, and therefore PETA did not have standing to sue.
Similarly here, there is no provision in the Animal Welfare Act authorizing a suit in the name of an animal.† In fact, there is no private cause of action authorized by the Animal Welfare Act.
PETA will likely also try to rely on Article I, ß 9 of the Constitution as a basis for its next friends standing...