Explore Our Services Episode Summary In this episode, Adam Winston sits down with Adam P. Karp, a dedicated animal law attorney, to discuss the evolution of animal law, its impact on dogs and their owners, and the challenges and opportunities in this legal field. Topics include the history of animal law dating back to the Code of Hammurabi, current laws in Washington state, legal battles over animal custody, and the importance of responsible dog ownership. Read on for key takeaways, resource links, and the full transcript. Key Takeaways Animal law has ancient roots but has evolved significantly in the last 40-50 years. Dogs are legally considered property, but courts are beginning to recognize their unique status. Laws vary by jurisdiction, with some states allowing joint custody of pets in divorces. Responsible dog ownership includes managing noise, waste, and behavior to avoid legal issues. Service animal fraud is a growing concern with legal consequences. Resources & Links Amazon YouTube Discord RSS Feed Google Instagram LinkedIn Spotify TikTok Twitch Dogs in Our World Website Animal Legal Defense Fund (aldf.org) Adam P. Karp’s Book: Understanding Animal Law on Amazon Houseman vs. Dare Case Summary Episode Transcript Show Transcript Introduction Adam: Welcome to episode number four of Dogs in Our World. Today, we will learn about dogs and the law. I think there’s a little something for everyone in this show. We also have a really special featured guest for you to meet. I’m excited to finally get this episode into your ears. I think a lot of you will find something insightful in today’s installment. The first part of this show will be a very brief history and definition of animal law. The second part of this episode will look at some present-day, dog-related laws and issues. In the final part, and throughout the show, myself and our guest will share some simple tips on how all of us can be on the right side of the law and dog welfare. As always, we have a lot to cover, so let’s get started. Part 1: History and Definition of Animal Law Part 1: History and Definition of Animal Law Adam: Today’s show features someone whom I consider to be a hero. In my view, he is an animal welfare warrior. This dude is not playing. I initially set out to find someone who could teach me about Dog Law, and ended up meeting with one of the leading animal law practitioners in the United States. Karp: Full name. Adam … do you want my middle name? Adam: I don’t know. Whatever you want people to know. Karp: Adam P. Karp is fine. I run Animal Law Offices. Solo Practitioner. I’ve been practicing animal law, exclusively, for … I think this is my 19th year. Adam: Tell me about that book I saw on Amazon? Karp: So. Carolina Academic Press put out a book that’s part of a series called Understanding “something”. Right? So, Understanding Criminal Law, Understanding Bankruptcy Law, So, they created a new one called Understanding Animal Law and I was asked to write it. So, the book is about 700+ pages. Covers two-dozen or so areas of animal law. Although, that’s certainly not all. There’s probably 12-20 other topics that I could’ve covered, but there just wasn’t enough space and they weren’t going to wait any longer. So, that book really encapsulates a great deal of my experience in litigation and legal research, and will hopefully help law students and anyone who cares about animals and the law. Help them to understand what the field is about, how broad it is, and maybe incorporate it into their day-to-day. Adam: I know that there may not be a simple answer, but what is Animal Law? Karp: There are a lot of working definitions. Probably the easiest one is that something about the case turns on the life of an animal. Something about an animal. Whether it’s about how an animal is viewed in a religious sense for instance. How the animal is perceived at a genetic level. How the animal interacts with people at a social level. Something about the animal’s behavior. Whether the animal is a perpetrator, a victim …. a party (chuckles) … that’s another whole push of animal law, which is to try and recognize them as legal persons, but that’s not really what animal law is day-to-day. So, I’d say any type of case where the outcome turns on or something significant in the litigation itself turns on the life of an animal. Adam: By now, you guys should know how I do. Let’s start at the beginning and allow Mr. Karp to give us just a little background history of animal law. Karp: Well, go back to the Code of Hammurabi. Adam: What’s that? Karp: (chuckles) Middle east. Old, old codes. We’re talking hundreds and hundreds of years ago. There were laws that pertained to even veterinary malpractice. So, I think if a surgeon, an early veterinarian committed some type of malpractice involving a mule or a donkey. Adam: What years are we talking? Karp: Gosh. I’d have to look. Probably thousands of years ago. Adam: That’s ok. I’ll look it up. Adam: I looked it up on Britannica.com. The code of Hammurabi is a set of Babylonian laws from the time of King Hammurabi during the first Babylonian dynasty. This was from 1792 BC to 1750 BC. Or, in other words, they’re super old laws that are nearly 4000 years old. I guess, if you are a law student, or historian, you probably know all about them. And, apparently, the Code of Hammurabi did include laws that addressed animals. Karp: … there would be a certain number of sheckles that would be owed if there was some error made under the surgeon’s knife. And, so, way back when, thousands of years ago, there were early codes that talked about the value of animals. Adam: Really? Karp: Yeah, as a result of some type of medical error. But, I’d say that modern animal law really developed more in the last 40-50 years. Adam: Ok. Karp: So, some people look at it as a form of Cause Lawyering. No differently than civil rights lawyers, women’s rights lawyers, environmental rights lawyers, gay rights lawyers. So, there are legal movements that typically are motivated by the needs of an underserved or underrepresented group. And, there’s often a paradigm shift that develops too in the law, and also in society, when these movements sort of pick up steam. Animal Law, really, is a spinoff of the environmental law movement. Part 2: Current Laws and Issues Adam: Welcome back. In the first part of this episode, Adam P. Karp gave us a brief history and definition of animal law. Now, let’s examine animal laws here in Washington state and how they affect the dogs in our world. Or, should I say, we’ll examine how the dogs in our world affect the law. Adam: Are there any laws that are new and changing? Are there any laws that you would like to change? Karp: Some of the laws that are changing … it’s funny. I’m always amazed at the number of times that legislators float bills for dogs in bars. I don’t know why it’s so important to have non-service dogs sitting there next to you as you have a beer, but, ok. That seems to be a popular bill in Washington. The other thing I’ve seen are issues to address tethering. So, anti-tethering types of laws. Because, of course … Adam: Thank you for bringing this up. Karp: Can be considered cruel in certain circumstances. It can also increase aggression, and protectiveness, and territorialism, of the animals. But, mostly it’s an abuse type of issue. And, so, I think there are two bills currently, in this session, floating down in Olympia that deal with tethering. And one of them, I believe, is going to pass. Adam: And, what is it you mean by “tethering”? Karp: Oh, basically, like leaving a dog chained up outside, all day long, without adequate shelter. Without adequate water or food. Adam: What about when I’m going to my corner store and there’s that big dog leashed to the sign next to the front door there. Is that legal? Just to tie your dog up in front of the store as you go in and shop? Karp: Oh. It depends what jurisdiction. So, in the City of Seattle, the dog would be considered at-large. Because, the dog needs to be, basically, tied to your hand. It can’t be tied to an inanimate object or a post. Many people do it, but you’ve just now lost control of the animal. And, you don’t know what’s going to happen. You don’t know if a kid’s going to be riding his bicycle right against the dog and get nailed. You don’t know if a patron is going to be coming in or out with food and maybe the dog will startle them and they’ll drop everything and break it. A lot of things can happen, if you don’t have that leash in your hand at all times. Adam: Am I obligated to report that to animal control? Karp: No, you have no duty, at all, to do so. No, no. We don’t have mandatory reporting laws, except, in some jurisdictions, there’s a mandatory report, if you find a stray. Karp: One law that I’ve worked on for a number of years is actually an extension of a law regarding livestock. This is a civil cause of action involving 1st degree or 2nd degree theft of livestock or felony animal cruelty or malicious injury to livestock, which are all crimes. Basically, what this law does, is it says if you own livestock in a specifically defined category — like a horse, a bovine, a goat, a sheep, that sort of thing — if your livestock is the victim of felony animal cruelty, or felony theft of livestock, or malicious injury to livestock, which is a relatively new animal abuse crime, then you can sue the person who did it for trouble damages and reasonable attorney’s fees. Adam: That’s great! Except, dogs are not considered “livestock”. And, Washington state doesn’t provide punitive damages in such cases. Adding an attorney fee provision would be the “big stick”, as you call it, and would make guilty parties reimburse victims’ attorney fees. Part 3: Practical Advice and Broader Legal