Copyright reuters
Nov 7 (Reuters) - When officials in a Wyoming town refused to let a woman keep a miniature goat as a pet, they violated her constitutional right to due process, lawyers from the Pacific Legal Foundation, or PLF, argue in a new federal lawsuit, opens new tab. At first glance, pet goats might seem like an odd cause to champion for the high-powered public interest law firm, which has notched 18 wins at the U.S. Supreme Court. But PLF lawyers say they are bigger principles at stake than allowing plaintiff Venus Bontadelli to keep “Porsche Lane,” a 20-pound Nigerian pygmy teacup dwarf goat. Advertisement · Scroll to continue “People have the right to use their property in unharmful ways,” PLF lawyer Austin Waisanen told me. When the government tries to limit those rights, there needs to be “a rational basis for doing so," he said. PLF, which is known for defending libertarian and conservative causes, is representing Bontadelli free of charge in the suit against the City of Powell, Wyoming. Filed Tuesday in federal court in Casper, the complaint alleges city officials violated the U.S. Constitution's 14th Amendment, which prohibits the government from depriving any person of life, liberty, or property without due process of law. Bontadelli is seeking nominal damages of $1 plus legal fees -- which are likely to be significantly higher -- and a ruling declaring the city's actions unlawful. Advertisement · Scroll to continue Powell mayor John Wetzel and city administrator Zack Thorington did not respond to requests for comment. The town of about 6,500 people is located in northwestern Wyoming, near Yellowstone National Park. While city lawyers have yet to respond to the lawsuit, ordinances restricting livestock in residential areas are typically meant to prevent noise, odors and potential public health risks. This isn’t the first time owners of unusual pets have claimed civil rights violations in actions involving their beloved animals. The common theme: allegations of government overreach. Earlier this year, the owners of Peanut, a pet squirrel that was seized by New York authorities in 2024 and euthanized due to a rabies risk, filed a lawsuit, opens new tab against the state claiming constitutional due process violations. Their pet raccoon Fred was also euthanized. It is illegal to keep wild animals as pets in New York without a special permit. Ad Break Coming Up NEXT StayNext OffEnglish 180p288p360p480p540p576p720pHD1080pHDAuto (180p) About ConnatixV2146273620 About ConnatixV2146273620 Continue watchingafter the adVisit Advertiser websiteGO TO PAGE Attorney Nora Constance Marino, who represents Peanut’s owners, did not respond to a request for comment, and a spokesperson for New York’s Department of Environmental Conservation said it does not comment on ongoing litigation. And as I wrote last year, local authorities in California agreed to pay $300,000 to settle claims including due process and search and seizure violations in another case involving a goat. The little girl who raised the animal tried to void his sale at a 4-H auction, but he was slaughtered anyway. I’m happy to report that Porsche is safe – she was returned to her breeder until the litigation is resolved, Bontadelli told me in an interview. Bontadelli said the brown, white and black spotted goat, which “fit in the apron of my overalls,” was a high school graduation gift to her daughter earlier this year from a friend. Kept mainly indoors and outfitted in diapers, the goat slept in bed with family members at night, Bontadelli said. In a letter of support included in the complaint, one neighbor called the goat “a pleasure, not an annoyance” to the community. According to the complaint, the city of Powell has an ordinance that bars people from keeping various animals, including goats, as household pets within city limits. Bontadelli lives near the edge of Powell in a neighborhood zoned for industrial use, where it would be perfectly legal to operate a veterinary clinic for sick goats without a permit, Waisanen noted. To keep one as pet, however, she needed to apply for a special exotic animal permit from the chief of police, with the right to appeal an adverse decision to the city council. The problem, Waisanen said, is that the ordinance doesn’t lay out the conditions under which such a permit may be granted. The Powell city council denied Bontadelli’s permit request in July. According to the complaint, one council member feared that saying yes to Porsche would open the door to “a herd of Nubians” running around town. “But whether someone in the future applies for a permit to keep a Nubian (a much larger goat breed) as a pet is irrelevant to Mrs. Bontadelli’s application,” the PLF lawyers wrote, arguing that the permit denial “is irrational and does not advance any legitimate governmental objective.” In the end, the case may test not just the fate of one small goat but the balance between personal freedom and a city's right to set rules about how its residents -- and their animals -- live together. Reporting by Jenna Greene Opinions expressed are those of the author. They do not reflect the views of Reuters News, which, under the Trust Principles, is committed to integrity, independence, and freedom from bias. Purchase Licensing Rights Jenna GreeneThomson ReutersJenna Greene writes about legal business and culture, taking a broad look at trends in the profession, faces behind the cases, and quirky courtroom dramas. A longtime chronicler of the legal industry and high-profile litigation, she lives in Northern California. Reach Greene at jenna.greene@thomsonreuters.comEmailXLinkedin
