The Hayden Act, introduced by California Senator
Tom Hayden
Thomas Emmet Hayden (December 11, 1939October 23, 2016) was an American social and political activist, author, and politician. Hayden was best known for his role as an anti-war, civil rights, and intellectual activist in the 1960s, authoring th ...
as Senate Bill 1785 on February 18, 1998, amended California Law as it applies to companion animals.
Under the then-existing law, dogs or cats impounded by public pounds or shelters could be killed after 72 hours of being impounded.
[ The Hayden Act, effective July 1, 1999, expanded this minimum impound time to 4 or 6 business days, as specified, and required that the animal be released to a nonprofit animal rescue or adoption organization in certain circumstances, subject to specified exceptions.][
]
Authorship and ratification
Along with Hayden, law professor in animal law
Animal law is a combination of statutory and case law in which the nature legal, social or biological of nonhuman animals is an important factor. Animal law encompasses companion animals, wildlife, animals used in entertainment and animals raised ...
and nonprofit law Taimie Bryant of UCLA School of Law
The UCLA School of Law is one of 12 professional schools at the University of California, Los Angeles. UCLA Law has been consistently ranked by '' U.S. News & World Report'' as one of the top 20 law schools in the United States since the inception ...
is also credited with writing the majority of the laws. The bill became law after then Governor
A governor is an administrative leader and head of a polity or political region, ranking under the head of state and in some cases, such as governors-general, as the head of state's official representative. Depending on the type of political ...
Pete Wilson
Peter Barton Wilson (born August 23, 1933) is an American attorney and politician who served as the 36th governor of California from 1991 to 1999. A member of the Republican Party, he also served as a United States senator from California bet ...
signed it on September 22, 1998.
Lawsuits
Lock v. Kern County, California
In 2004, the first lawsuit filed under the Hayden Act, Petitioner Patricia Lock, represented by California attorney, and Animal Rights
Animal rights is the philosophy according to which many or all sentient animals have moral worth that is independent of their utility for humans, and that their most basic interests—such as avoiding suffering—should be afforded the sa ...
and Hayden Act expert, Kate Neiswender, sought an injunction
An injunction is a legal and equitable remedy in the form of a special court order that compels a party to do or refrain from specific acts. ("The court of appeals ... has exclusive jurisdiction to enjoin, set aside, suspend (in whole or in pa ...
prohibiting Kern County, California
Kern County is a county (United States), county located in the U.S. state of California. As of the 2020 United States Census, 2020 census, the population was 909,235. Its county seat is Bakersfield, California, Bakersfield.
Kern County comprise ...
from violating the act by euthanizing companion animals prior to the expiration of the holding period and engaging in other prohibited conduct.
Johnson v. Kings County, California
In 2007, a second lawsuit was filed under the Hayden Act by Petitioner Kara Johnson, represented by California attorney,Kate Neiswender. The case began with a shelter audit that found that the county-run animal control was not keeping accurate records, scanning for microchips, providing veterinary care to animals, nor following the minimum hold time of the Hayden Act. The lawsuit later resolved to the satisfaction of all parties.
Jacie Conaway v. San Bernardino County, California
In 2007, Petitioner Jacie Conaway, represented by California attorney, and Animal Rights
Animal rights is the philosophy according to which many or all sentient animals have moral worth that is independent of their utility for humans, and that their most basic interests—such as avoiding suffering—should be afforded the sa ...
and Hayden Act expert, Okorie Okorocha, filed a similar action against San Bernardino County, California
San Bernardino County (), officially the County of San Bernardino, is a County (United States), county located in the Southern California, southern portion of the U.S. state of California, and is located within the Inland Empire area. As of the ...
. The lawsuit later resolved to the satisfaction of all parties.They withdrew the lawsuit after they reviewed the county's response. Resolution was obtained by the petitioner withdrawing the complaint and litigation filed against the County.
Rich Mc Lellan, M.D. v. Mendocino County, California
In 2007, Rich Mc Lellan, M.D., the President of the California Chapter of the League of Humane Voters, represented by California attorney, and Animal Rights
Animal rights is the philosophy according to which many or all sentient animals have moral worth that is independent of their utility for humans, and that their most basic interests—such as avoiding suffering—should be afforded the sa ...
and Hayden Act expert, Okorie Okorocha filed an action against Mendocino County, California
Mendocino County (; ''Mendocino'', Spanish language, Spanish for "of Antonio de Mendoza, Mendoza) is a County (United States), county located on the North Coast (California), North Coast of the U.S. state of California. As of the 2020 United Sta ...
titled Mc Lellan v. County of Mendocino to have a statute enacted by the County, known as "Sec. 10.24.010 Voluntary Surrender of Animal for Euthanasia: Not Impoundment" which contradicted the Hayden Act, and allowed for the unlawful euthanization of companion animals, declared invalid by the Mendocino County, California
Mendocino County (; ''Mendocino'', Spanish language, Spanish for "of Antonio de Mendoza, Mendoza) is a County (United States), county located on the North Coast (California), North Coast of the U.S. state of California. As of the 2020 United Sta ...
Court. The Mendocino County, California
Mendocino County (; ''Mendocino'', Spanish language, Spanish for "of Antonio de Mendoza, Mendoza) is a County (United States), county located on the North Coast (California), North Coast of the U.S. state of California. As of the 2020 United Sta ...
County Council repealed the statute before the case went to trial:
BOARD OF SUPERVISORS – SUMMARY/ACTION MINUTES – JUNE 19, 2007 PAGE 454
AGENDA ITEM NO. 10A – INTRODUCTION AND WAIVE THE READING OF AN ORDINANCE REPEALING MENDOCINO COUNTY CODE SECTION 10.24.010 IN ITS ENTIRETY – COUNTY COUNSEL
Presenter/s: Ms. Jeanine B. Nadel, County Counsel, introduced that matter, noting that this ordinance section directly contradicts State law (Food and Agricultural Code Sections), recommending it be repealed in its entirety.
Board Action: Upon motion by Supervisor Delbar, seconded by Supervisor Colfax, and carried (4, with Supervisor Wattenburger absent); IT IS ORDERED that the Board of Supervisors introduces and waives the reading of the ordinance repealing Mendocino County Code Section 10.24.010 in its entirety
References
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California statutes
Euthanasia in the United States
Bioethics
Animal welfare and rights legislation in the United States