The Volokh Conspiracy
Mostly law professors | Sometimes contrarian | Often libertarian | Always independent
Not All Animals Are Equal, and Some Are More Equal Than Others
In 2018, the federal stalking statute was amended to cover not just threats to "a person" (including the victim, the victim's immediate family member, and the victim's spouse or intimate partner) but also threats to:
a pet, a service animal [limited to service dogs -EV], an emotional support animal, or a horse.
"Pet" is defined to mean
a domesticated animal, such as a dog, cat, bird, rodent, fish, turtle, or other animal that is kept for pleasure rather than for commercial purposes.
So horses, alone among animals, are covered regardless of whether they are kept as pets, as service animals, or for emotional support. Even threats to working horses on one's farm are covered by the statute.
(I assume, by the way, that a dog kept for commercial purposes is not covered by the "pet" definition, because the "that is kept for pleasure rather than for commercial purposes" clause covers all the animals, and not just "other animal." I realize there is no comma before the "that is kept for pleasure" clause, but in context that seems like the better reading, given that the term being defined is "pet." Dogs kept by a breeder for sale are domesticated, but not pets, I think.)
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How did that get there? Whose idea was it to add horse there?
Come on, man! Mr. Ed, of course, of course!
Caligula?
I don't know if you're seriously asking or not, but horses were in the original version of the farm bill introduced in the House in May 2018 by Mike Conaway.
Somebody watched The Godfather before drafting this legislation.
I've heard of a stalking horse, but this is the first I've heard of a stalked horse.
Donkeys and mules hardest hit.
"Not All Animals Are Equal, and Some Are More Equal Than Others"
I have known that since I read George Orwell's "Animal Farm" as a kid, and that has nothing to do with pets, service animals, emotional support animals or even farm animals!
"The law is an ass." -- Charles Dickens.
"The law is a horse." -- 18 U.S. Code § 2261A
"I am the law" - Judge Dredd.
Glad to know the Federal Government, spending $4 trillion a year (in good times) is right on this vitally important issue for trade between the states.
Horses because of Mounted police? These aren’t commercial purposes.
Or issues protecting elite hobbies like polo, and riding for debutant?
For a humorous take on "emotional support" animals see https://www.newyorker.com/magazine/2014/10/20/pets-allowed. You can also google for a visual follow-up to the article (I particularly like the emotional support alpaca)
At least our little dachshund is protected.