The Case of the Lobster, a “Living, Sentient Creature”

In a bold legal challenge that could redefine animal protection law, PETA is taking on the Maine Lobster Festival for steaming 16,000 lobsters alive on public parkland. The case hinges on Maine’s unique animal cruelty statute that protects “every living sentient creature” – a definition that evolves with scientific understanding. PETA’s Director of Litigation, Asher Smith, explains their creative approach using public nuisance law and the public trust doctrine to bring this case to court despite not being a prosecuting authority.

This episode explores:

• How Maine’s progressive animal cruelty law provides protection based on scientific evidence of sentience rather than species classification
• The substantial scientific consensus that lobsters can feel pain, supported by behavioral, neurological, and physiological evidence
• PETA’s innovative legal strategy combining public nuisance claims with the public trust doctrine to challenge the festival
• How international scientific authorities and other countries have already recognized decapod sentience and banned cruel cooking methods
• The recent victory against the University of Washington that exposed corruption in animal experimentation oversight and achieved unprecedented transparency

ABOUT OUR GUEST

Asher Smith is Director of Litigation at the PETA Foundation. His current cases include actions under the Endangered Species Act against roadside zoos abusively keeping protected animals, constitutional lawsuits on behalf of both animals and humans, and false advertising claims challenging the deceptive marketing of animal products as “humane.” He has previously won precedent-setting victories against multiple exhibitors featured on the Netflix show Tiger King, as well as Vital Farms and Pete and Gerry’s Organics, the seller of Nellie’s Free Range Eggs. Smith joined the PETA Foundation in 2018 after working for the law firm Paul, Weiss on matters including multibillion-dollar securities litigation and the fight for gay marriage in the deep south and at the Supreme Court. He is a graduate of Yale Law School. His family includes a cat, Princessa, and a dog, Beezus.

We are thrilled to expand the accessibility of our podcast by offering written transcripts of the interviews! Click here to read this episode’s interview.

**********

You can listen to the Animal Law Podcast directly on our website (at the top of this page) or you can listen and subscribe on Apple Podcasts, YouTube, or your favorite podcatcher. Also, if you like what you hear, please rate it on Apple Podcasts, and don’t forget to leave us a friendly comment! Of course, we would be thrilled if you would consider making a donation or becoming a member of our flock (especially if you’re a regular listener). Between now and December 31, every donation up to $20,000 will be TRIPLED! Contributions of any amount will go towards our fundraising goal and are hugely appreciated. Our Hen House is a 501(c)(3) nonprofit organization, so it’s tax-deductible. Thank you for helping us create quality content!

Don’t forget to also listen to the award-winning,  weekly signature OHH podcast — now in its fifteenth glorious year!

Join hostesses Jasmin Singer and Mariann Sullivan on this unique and fun award-winning podcast that focuses on changing the world for animals.

SUBSCRIBE: iTunes | Android | Google | Stitcher | RSS