Wilkins v. Daniels

In 2011, an Ohio man released more than 50 exotic animals before committing suicide. Partially in response, the state enacted the Dangerous Wild Animals and Restricted Snakes Act, Ohio Rev. Code 935.01–935.99. All persons in possession of dangerous wild animals before September 5, 2012, were required to register with the Ohio Department of Agriculture and to microchip each registered animal upon registration. The Act prohibits possession of a dangerous wild animal after January 1, 2014. A person already in possession of a dangerous wild animal and wishing to continue to possess the animal after that date may obtain a wildlife shelter permit or a wildlife propagation permit. Owners of exotic animals challenged the Act as violating First Amendment rights to freedom of association and speech, arguing that the permitting requirements are so onerously expensive that the only viable means of compliance would be to join the Association of Zoos and Aquariums or the Zoological Association of America, for which there are exemptions. They argued that they are compelled to associate with those organizations and to subsidize the organizations’ speech and that the microchipping requirement constitutes a physical taking in violation of the Fifth Amendment. The district court denied injunctive relief. The Sixth Circuit affirmed. The owners are not compelled to join the AZA or ZAA and the Act does not effect a physical taking.View "Wilkins v. Daniels" on Justia Law