Even if it's cruel to cage calves in tiny pens, it's not something a private citizen can do anything about, an appeals court ruled in a Valley case that has caught national attention.
It's a local suit similar to the national case that led to the biggest recall of beef in American history Sunday.
Like the national case, the Valley case caught widespread attention because of disturbing video of the treatment of cattle.
You can see the Animal Legal Defense video
here. To see the national case video,
click here. Unlike the national case, the Tulare County suit died a quiet death in a Fresno appeals court Friday when justices ruled a private animal rights group can't sue to enforce criminal laws.
The Animal Legal Defense Fund and two individuals sued the Mendes Calf Ranch, claiming its operators were breaking animal cruelty laws by jamming thousands of newborn calves into pens no larger than crates.
The calves are born to milk cows at local dairies, and taken from their mothers’ hours after birth. More than 12,000 calves from 80 dairies live in the shed-like rows of pens at the Mendes Ranch.
''The calves are confined to isolation crates for up to 60 days at a time,'' the justices wrote in their opinion.
''Each crate is barely bigger than the calf and is not large enough to permit the calf to turn around or lie in a natural position for periods of rest,'' the opinion said.
''Only the bottoms of the crates are regularly washed, and fecal matter and other materials are washed from the top and sides of the crates only upon a change of the occupant.''
The Animal Legal Defense Fund said that kind of treatment is a crime. The ALDF asked a court to stop the practice.
Two Stanford University law students also sued. Kristin Burford and Kristina Flipovich said they buy dairy products and, as consumers, have a right to products that are produced in accordance with law.
An attorney for the ranch disputed the cruelty charge.
''The calves are raised in accordance with industry standards and guidelines issued by veterinarians and health care specialists for animals,'' said lawyer Howard Sagser.
''They use the crates to make sure the animals get their fair share of food and the larger animals can't crowd them out, and for disease control purposes,'' he said.
The appeals court did not rule on the issue of cruelty, but threw the case out on questions of law.
Justices said that when the Legislature created the animal cruelty law, legislators intended for it to be used by law enforcement officers, not by special interest groups.
Justices also ordered the plaintiffs to pay the legal costs of the Calf Ranch.
To read the opinion is Animal Legal Defense Fund, et al. v. Victor L. Mendes, et al,
click here, or to see the PDF,
click here. If you would like to visit the ALDF webpage, logon to
www.aldf.org/mendes.
