Language and the Law

What's in a Name? Status, according to In Defense of Animals, a national non-profit animal advocacy group. More than two years after IDA began its campaign "They are Not our Property... We are Not their Owners," cities across the U.S. have started to change the way their laws describe the relationship between people and their companion animals. Instead of defining people as "owners," the new laws define them as "guardians." Currently, five cities and one state have made the switch. The most recent is here in the Midwest. Just this past March, Menomenee Falls, Wisconsin joined the list.

Why a Name Matters

Language is important because the way the law defines relationships influences the way people think and act towards those relationships. Throughout history, the law has defined animals as "property" rather than "persons." While it is technically true that animals are not "persons," neither are corporations, ships or municipalities. And yet, the law considers all of those entities "persons" for the purpose of granting some legal rights and protections. For example, a cruise liner does not have the right to vote, but it does have the right to sue on its own behalf if it suffers a financial or other injury.

The "We are Not their Owners" campaign is intended as a first step toward recognizing that "owning" an animal is inherently different than owning other forms of property such as a car or a pencil. The goal is that the use of the word "guardian" will encourage people who are responsible for animals to take that responsibility more seriously. It will also hopefully, eventually, grant animals some legal rights and protections of their own.
The benefits of changing the way people think impacts all animals, even those of the human variety. According to IDA founder and president, Elliot M. Katz, DVM, "There is a growing body of evidence regarding the human-animal bond that shows that a child who grows up treating animals with respect and compassion will also become a better citizen. The next generation of children who see themselves as the guardians of their animals, rather than objectifying their companion animals as mere pieces of property, will also treat their peers in a more responsible, fair and compassionate manner."

The Progress of the Campaign

One of IDA's initial victories came in September 1999, when the San Francisco Commission of Animal Control and Welfare voted to recommend to the Board of Supervisors that San Francisco change the language of city ordinances from "owner" to "guardian." However, the Board of Supervisors tabled the proposal due to concerns over how it would impact local hot-button issues such as ethnic markets that sell live animals.

Even though the measure stalled in San Francisco, the city of Boulder, Colorado picked up on the idea. On July 11, 2000, Boulder's City Council passed an amendment to its ordinances and Boulder became the first city in the U.S. to recognize companion animal owners as guardians. In February 2001, West Hollywood, California followed suit, overwhelmingly approving a proposal to change all references of "animal owners" to "animal guardians" in its municipal ordinances. Also in February 2001, Berkeley, California passed a measure recognizing both terms. Sherwood, Arkansas followed, also recognizing both terms. In July, the entire state of Rhode Island made the terms interchangeable. None of the dire predictions from breeders and other groups, that the language change would bring a flood of lawsuits or other problems, have come to pass, adds Dr. Katz.

Just last month, Menomenee Falls, Wisconsin became the first town in the Midwest to adopt the language change. Chris Slinker, the Village Trustee principally behind the amendment, explains what he hopes it will achieve: "In Wisconsin, we've heard three or four horrible stories recently about people killing neighbors' dogs or finding ways to poison them... if something like this ever happened in Menomenee Falls, I wanted those people to be able to say that they lost a friend, a companion animal, a family member-- not just a piece of property." According to Slinker, "it sends a message."

The campaign is having an effect on more than just legislation. Other animal advocacy groups are making the semantic switch in their work as well. For example, the new booklet "Best Friends for Life," jointly published by Doris Day Animal League and the Massachusetts SPCA, uses the language of guardianship. Noting that landlord complaints are cited as one of the main reasons people surrender their pets to shelters, the booklet is the most comprehensive guide available to help people deal with housing issues that arise with companion animals. It offers strategies for working with landlords, model pet policy guidelines, even samples of contracts - all using the language of guardianship. Most people who live with companion animals think of them as family members and the guardian concept is intended to help landlords understand that. As Sara Amundson, Deputy Director of the Doris Day Animal League, explains "it's important whenever animal protection organization representatives speak of companion animals, that our vernacular reflect our philosophy."

Local Efforts to Amend Chicago Ordinances

Early last year, an advocacy group called Supporting and Promoting Ethics for the Animal Kingdom (SPEAK) began working with Alderman Edward Burke of the 14th Ward to introduce a guardianship amendment to Chicago's City Council. The organization gained the support of thirteen local animal organizations and the Alderman initially indicated support for the idea. However, calls to Burke's Committee on Finance find that no proposal has been brought.

For more background on this topic, please visit Chicagoland Tails' website to check out the Spring 2001 article "Guardianship vs. Ownership: Changing Our Language Changes Our Behavior." For more information on the current status on the Chicago ordinance, or how to approach the Alderperson in your area, contact Jacquie Lewis at SPEAK, (773) 925-8227 or speak@attbi.com.
BIO: Amy A. Breyer is an attorney in Oak Park who concentrates her practice in animal law. You may contact her at breyer@AnimalLawOnline.net. This column is for informational purposes only and does not constitute legal advice.

We would love to add your question to this page! E-mail us any question you may have about animal rights issues or this web site. We also encourage you to please take the time to sign our guestbook to let us know you were here or fill out our feedback form to let us know what you think of our web site.