NEWS
MyEagleNews.com
Wednesday, September 7, 2022
A5
Court of Appeals rules horse can’t sue
By MATEUSZ PERKOWSKI
Capital Press
SALEM — The Oregon Court of
Appeals has ruled that animals can’t fi le
lawsuits, a relief to farm advocates who
had worried about potentially expansive
new litigation over livestock production.
The appellate court has determined
a horse lacks the legal right to sue its
former owner, who’d pleaded guilty to
neglecting the animal.
The Oregon Farm Bureau, Ore-
gon Cattlemen’s Association and Ore-
gon Dairy Farmers Association feared
the case could set a precedent, exposing
meat and dairy producers to lawsuits
from activists.
“If you look at the mission of most
of these groups, that is the ultimate goal:
to stop the ownership of animals,” said
Mary Anne Cooper, the Farm Bureau’s
vice president of government aff airs.
The Animal Legal Defense Fund,
which sought to represent the horse,
is planning to petition the Oregon
Supreme Court to review the dismissal,
said Christopher Berry, the group’s
managing attorney.
“It’s an unjust result to say an ani-
mal cruelty victim can’t have their day
in court,” Berry said.
A three-judge appellate panel has
Animal Legal Defense Fund/Contributed Photo
Justice, the horse that animal activists wanted to be able to sue its former
owner for support.
unanimously rejected the argument that
Kim Mosiman, the executive director of
an animal rescue nonprofi t, could seek
damages on the horse’s behalf from
Gwendolyn Vercher, who surrendered
the animal in 2017.
Vercher was sentenced to three years
probation and ordered to pay $4,000 in
fees, including restitution for the veteri-
nary treatment of the horse’s malnour-
ishment, lice and infections, but the ani-
mal still needs specialized medications
and care, according to court documents.
In 2018, a judge in Washington
County dismissed a tort complaint
against Vercher ostensibly fi led by Jus-
tice, the horse, because a “non-human
animal” doesn’t have the “legal qualifi -
cations necessary for the assertion of
legal rights and duties in a court of
law.”
Mosiman, who now cares for
the horse, admitted that Justice can-
not independently fi le a lawsuit
but argued that she could represent
the animal’s interests in court as a
guardian.
However, the appeals court said
the situation isn’t suffi ciently sim-
ilar to those in which a guardian is
appointed for a child or a person with
cognitive disabilities.
An animal “inherently lacks
self-determination and the ability to
express its wishes in a manner that
the legal system would recognize,”
the ruling said.
Allowing attorneys to represent
animals this way would be “suscepti-
ble to abuse,” with the animal poten-
tially serving as a “pawn to be manip-
ulated on a chessboard larger than his
own case,” the appellate court said,
citing legal precedents.
Only human beings and their legal
entities can pursue lawsuits while
animals “are neither natural nor arti-
fi cial persons,” the ruling said.
Despite animal welfare laws that
recognize them as “sentient beings
capable of experiencing pain, stress
and fear,” animals nonetheless
remain a form of property without
“substantive or procedural rights,”
the ruling said.
“That the legislature intended to
protect animals from needless suff er-
ing does not change that legal real-
ity, and neither we nor the Oregon
Supreme Court has suggested other-
wise,” the appellate court said.
The Animal Legal Defense Fund
claimed the appellate court could
have recognized the limited proce-
dural right of animals as crime vic-
tims to sue their off enders.
“The lawsuit is fundamentally
about an animal’s right to be free
from illegal animal cruelty,” said
Berry, the group’s managing attor-
ney. “It does not extend any further
than that.”
However, farm and livestock
organizations were concerned a
broad ruling could throw open the
door for other lawsuits on behalf of
animals, such as cattle suing ranchers
to challenge their confi nement.
Even a narrower ruling could have
served as a foot in the door, inviting
additional cases that sought “limit-
less” legal recourse for animals, said
Cooper, the Farm Bureau’s vice pres-
ident of government aff airs.
It’s unlikely that state lawmakers
are prepared to give animals the right
to fi le lawsuits, as the ruling suggests
is possible, but “it’s absolutely some-
thing we will be watching for,” she
said.
COPS AND COURTS
Arrests and citations in the Blue
Mountain Eagle are taken from the
logs of law enforcement agencies.
Every eff ort is made to report the
court disposition of arrest cases.
Oregon State Police
Aug 25
2:11 p.m.: Trooper responded to
Highway 26, milepost 126, and took
Shae Romano, 45, into custody with-
out incident. Romano was transported
to Grant County Jail and cited for
driving while suspended, speeding
and driving uninsured.
Aug. 26
3:42 p.m.: Trooper stopped a
car for speeding on Highway 26
near milepost 157. Driver report-
edly showed signs of impairment and
admitted to using a narcotic and stim-
ulant. Driver agreed to do a standard-
ized fi eld sobriety test. At the con-
clusion of the test, Carina Galvin,
34, of Lake Oswego was arrested for
DUII-controlled substance. Galvin
reportedly resisted arrest on the way
to jail. At the Grant County Jail Gal-
vin consented to a breath test with a
fi nal blood alcohol level of 0.00%.
She refused a urine test, a warrant
was applied for and granted; subject
was taken to Blue Mountain Hospital
where a blood draw was performed.
Galvin was lodged at the Grant
County Jail on charges of DUII and
two counts of resisting arrest. Galvin
was also cited for speed and for refus-
ing to take a test for intoxicants.
Aug. 30
4:25 p.m.: Trooper stopped a fl at-
bed truck near U.S. 26 and Third
Street in John Day for traffi c off enses.
Justin Scheidegger, 28, of John Day
was subsequently arrested for driving
while suspended and unlawful pos-
session of Oxycodone.
Grant County Sheriff
The Grant County Sheriff ’s Offi ce
reported the following for the week
ending Aug. 31:
Concealed handgun licenses: 3
Average inmates: 9
Bookings: 6
Releases: 6
Arrests: 1
Citations: 1
Fingerprints: 2
Civil papers: 17
Warrants processed: 13
Assist/welfare check: 1
Search and rescue: 0
Justice Court
The Grant County Justice Court
reported the following activity for the
week ending Aug. 31:
Traffi c citations fi led: 18
Misdemeanors fi led: 4
Hearings held: 13
Driver’s license suspensions: 5
Cases on probation: 29
Small claims fi led: 3
Warrants issued: 4
Violation of the basic rule: Charles
Quarterman, 67, Portland, Aug. 5,
80/65 zone, fi ned $265; Mitchell
Sevy, 42, Nyssa, Aug. 14, 79/55 zone,
fi ned $265; Karen Miller, 68, Cald-
well, Idaho, June 24, 79/55 zone, fi ned
$265; James Bleaney, 68, High River,
Alberta, Canada, Aug. 15, 75/65 zone,
fi ned $165; Wyatt Case, 18, Prairie
City, July 13, 45/25 zone, fi ned $165;
Jill Janicek, 55, Meridian, Idaho, July
23, 80/65 zone, fi ned $115; Abigail
Teel, 32, Prairie City, July 29, 87/65
zone, fi ned $265; Aaron Woosley, 33,
Woodland, California, Aug. 6, 54/35
zone, fi ned $165.
Driving uninsured: Dakota Winn,
30, Mt. Vernon, June 12, fi ned $265;
Nicholas Humphrey, 32, Marysville,
Washington, July 22, fi ned $265.
Failure to renew registration: Bree
Meyers, 35, John Day, fi ned $115;
Nicholas Humphrey, 32, Marysville,
Washington, fi ned $115.
Dispatch
Grant County dispatch worked
158 calls during the week ending Aug.
31, including:
• Oregon State Police
Aug. 24
6:50 a.m.: Advised of a cow cre-
ating a road hazard on Highway 26
near milepost 166.
Aug. 25
8:43 a.m.: Advised of a steer on
the roadway at Lower Yard Road in
John Day
Aug 26.
3:56 p.m.: Report of a suspicious
subject in John Day.
8:51 p.m.: Advised of an injured
calf on the highway on Highway 395
near milepost 110.
Aug. 27
1:51 p.m.: Advised of a tres-
passing/illegal hunt complaint in
Monument.
• Grant County Sheriff
Aug 24.
10:28 a.m.: Advised of a suicidal
individual at Northwest Canton Street
in John Day.
10:38 a.m.: Advised of a trespass
in Prairie City.
11:46 a.m: Investigated a non-in-
jury accident on Council Street in Mt.
Vernon.
3:01 p.m.: Advised of a theft of
wood on Dixie Creek Road in Prai-
rie City.
3:23 p.m.: Advised of an aban-
doned vehicle on Bridge Street in
John Day.
4:27 p.m.: Advised of a civil situ-
ation on South Adams Road in Can-
yon City.
5:15 p.m.: Advised of cows on
the highway on Highway 26 near
milepost 129.
8:39 p.m.: Received information
regarding a stolen ATV on Highland
Drive in John Day.
10:44 p.m.: Responded with OSP
to a report of a dispute near the trail
on the Third Street extension in John
Day.
Aug. 25
7:52 a.m.: Advised of an animal
complaint on West Bench Road in
John Day.
1:51 p.m.: Advised of a disabled
vehicle and two people walking on
County Road 1516.
3:50 p.m.: Removed a hazard
off the roadway on Highway 26 near
milepost 160.
4:35 p.m.: Report of an aban-
doned vehicle on East Main Street in
John Day.
9:13 p.m.: Traffi c stop on High-
way 26 near milepost 153. Michael
Berry of Portland was cited for driv-
ing while suspended.
Aug. 26.
8:48 a.m.: Responded to a tres-
passing complaint at Park Avenue in
Mount Vernon.
11:20 a.m.: Responded to a driv-
ing complaint at the Kiddie Kastle in
Canyon City.
1:53 p.m.: Report of a suspi-
cious vehicle on Scenic Drive in Can-
yon City.
3:37 p.m.: Report of dogs that
attacked goats on Johnson Street in
Prairie City.
4:49 p.m: Assisted an outside
agency on Highway 26 near mile-
post 158.
4:58 p.m: Report of illegal burn-
ing on Ritter Road.
5:20 p.m.: Report of a non-injury
accident in Prairie City.
6:38 p.m.: Obtained drug infor-
mation on West Main Street in John
Day.
7:32 p.m: Advised of a disor-
derly conduct on West Main Street in
Mount Vernon.
7:40 p.m.: Investigated a burglary
on South Washington Street in Prai-
rie City.
8:23 p.m.: Arrested Ryan Chap-
man on a warrant on South Washing-
ton Street in Prairie City.
8:30 p.m.: Advised of a motorist
assist on Dayton Street in John Day.
Aug. 27
9:19 a.m.: Advised of a civil issue
on East Main Street in John Day.
11:07 a.m.: Report of harassment
at Bull Prairie Campground.
11:50 a.m.: Traffi c stop on High-
way 26 near milepost 176. Michael
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200 W. Main Street / John Day
(541) 575-1862
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MEMBER FDIC
Griffi n, 46, of John Day cited.
1:43 p.m.: Traffi c stop on High-
way 26 near milepost 183. Driver
warned.
1:59 p.m.: Responded to a report
of loud music and a loud barking dog
on Patterson Drive in Canyon City.
6:57 p.m.: Report of dogs running
at large in Prairie City.
7:55 p.m.: Advised of cows at
large on Childress Loop in John Day.
Aug. 28
1:54 p.m.: Responded to a driv-
ing complaint on Northwest Canton
Street in John Day.
5:30 p.m.: Report of kids play-
ing in a river and possibly damag-
ing property on South Main Street in
Prairie City.
7:19 p.m.: Investigated a dog
attack on Trafton Lane in John Day.
9:50 p.m.: Advised of a theft at
Prairie City Elementary School.
Aug. 29
8:12 a.m.: Responded to a report
of harassment at Chester’s in John
Day.
12:02 p.m.: Advised of an aban-
doned vehicle near milepost 20 on
Ritter Road.
12:38 p.m.: Dispatched to assist a
motorist in the Murderers Creek area.
4:09 p.m.: Dispatched to a wel-
fare check at Meadowbrook Apart-
ments in John Day.
6:22 p.m.: Report of an aban-
doned vehicle on East Main Street in
John Day.
Aug. 30
7:31 a.m.: Dispatched to a report
of a theft from a camp at Summit
Creek.
7:49 a.m.: Report of a dog com-
plaint on North Johnson Street in
Prairie City.
11:42 a.m.: Dispatched to a hit-
and-run with vehicle damage at a fed-
eral building.
12:33 p.m.: Responded to a report
of suspicious circumstances on Pine
Creek Road in John Day.
12:48 p.m.: Request for a wel-
fare check on Patterson Drive in Can-
yon City.
2:50 p.m.: Dispatched to a dog
complaint on East Main Street in
John Day.
3:31 p.m.: Removed tire debris
from the highway on Highway 26
near milepost 158.
4:14 p.m.: Baker County Sheriff ’s
Offi ce arrested a subject on a Grant
County warrant.
5:17 p.m.: Responded to an
unwanted subject at the Budget 8
Motel in John Day.
9:22 p.m.: Subject warned regard-
ing a restraining order on South
Humbolt Street in Canyon City.
9:33 p.m.: Assisted Blue Moun-
tain Hospital in locating a patient
who was supposed to be contacting
the emergency room but had not yet
arrived.
Aug. 31
7:37 a.m.: Report of a scam
phone call: attempt to get Medicaid
information from the reporting party
in Prairie City.
10:26 a.m.: Dispatched to a wel-
fare check on Lamford Drive in John
Day.
12:43 p.m.: Responded to a suspi-
cious vehicle on Scenic Drive.
1:31 p.m.: Report of a semi that
lost a wheel on Highway 26 near
milepost 165.
• John Day Ambulance
Aug. 26
2:18 p.m.: Dispatched to Riv-
erside Mobile Home Park for a 65
-year-old female who was dizzy and
had diffi culty walking from a previ-
ous incident.
8:34 p.m.: Dispatched to River-
side Mobile Home Park. A male sub-
ject was transported to Blue Moun-
tain Hospital.
Aug. 27
3:24 p.m.: Dispatched to High-
way 7 near milepost 6 for a 64-year-
old woman with fl u-like symptoms.
Aug. 28
3:49 p.m.: Dispatched to South
Bridge Street in John Day for a
73-year-old male who collapsed.
4:46 p.m.: Dispatched to North-
east Front Street in Prairie City for a
42-year-old male with chest pains.
5:19 p.m.: Dispatched to Aus-
tin Junction for a male subject with a
non-life-threatening chainsaw cut.
Aug. 30
2:52 p.m.: Dispatched to Mead-
owbrook Apartments in John Day
for a 66-year-old male with chest and
abdominal pains.
Aug. 31
7:59 a.m.: Dispatched to Best
Western in John Day for a juvenile
with her hand stuck in the change
return.
8:14 a.m.: Paged to Highway 26
for an 85-year-old female who fell.
10:11 a.m.: Dispatched with Prai-
rie City Ambulance to Highway 26
near milepost 183 for a driver who
was feeling ill.
3:10 p.m.: Paged with Prairie City
Ambulance to South Main Street in
Prairie City for an 89-year-old man
who fell and hit his head.
• Dayville Ambulance
Aug 24.
10:21 a.m.: Dispatched to High-
way 26 with John Day Ambulance
for an 85-year-old female who was
very weak. Subject refused transport.
• Long Creek Ambulance
Aug 24.
3:26 p.m.: Responded to Burnette
Lane in Long Creek with John Day
Ambulance for an elderly woman
with breathing diffi culty.
• Seneca Ambulance
Aug. 25
3:13 a.m.: Dispatched to A Ave-
nue in Seneca for a 66-year-old
female with nausea and shoulder
pain.