A Conundrum for Animal Activists: Can or Should the Current Legal Classification of Certain Animals Be Utilized to Improve the Lives of All Animals? The Intersection of Federal Disability Laws and Breed-Discriminatory Legislation

38 Pages Posted: 23 Mar 2015 Last revised: 9 Mar 2016

See all articles by Rebecca J. Huss

Rebecca J. Huss

Valparaiso University Law School

Date Written: June 1, 2015

Abstract

This Article analyzes one of the many issues faced by animal advocates when deciding where to focus their efforts. The Article begins by providing a brief review of the theoretical divisions among animal advocates and discusses the application of two primary approaches to companion and assistance animal issues. The Article continues by setting forth basic information regarding breed-discriminatory legislation focusing on recent developments in this area of the law. The core of the Article analyzes case and legislative law that addresses the intersection of service and assistance animals under the federal Americans with Disabilities Act (ADA), Fair Housing Act (FHA), and breed-discriminatory legislation. The Article concludes by providing practical and theoretical considerations for animal advocates who are considering utilizing this avenue to attempt to improve the lives of animals and humans.

Keywords: Animal, Dog, service animal, service dog, assistance animal, assistance dog, disabled, Disability, Fair Housing Act, Americans with Disabilities Act, ADA, FHA, Pit Bull, breed-discriminatory legislation, breed-specific legislation, BSL, BDL, abolitionist, welfarist

Suggested Citation

Huss, Rebecca J., A Conundrum for Animal Activists: Can or Should the Current Legal Classification of Certain Animals Be Utilized to Improve the Lives of All Animals? The Intersection of Federal Disability Laws and Breed-Discriminatory Legislation (June 1, 2015). 2015 Mich. St. L. Rev. 1561 (2015); Valparaiso University Legal Studies Research Paper No. 15-1. Available at SSRN: https://ssrn.com/abstract=2583208

Rebecca J. Huss (Contact Author)

Valparaiso University Law School ( email )

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