Grateful for Progress and a Look at the Work Ahead

The SF Animal Commission works to protect all the animals in our city, not just our pets. photo: AdobeStock

And suddenly, it’s November. For the Animal Commission, November means wrapping up the year and solidifying our 2024 calendar. November is also an excellent time to reflect on the work of the commission and offer a few personal thoughts - including a festive fungi-forward bonus recipe!

So let's dig in, starting with recent commission work that will continue in 2024. 

Animal Outlook and Live Animal Markets (LAMs)

In August, the Animal Commission welcomed Scott David, Director of Investigations, and Jareb Gleckel, Legal Counsel, from Animal Outlook (AO). AO is a national nonprofit that challenges animal agribusiness through undercover investigations, legal advocacy, and corporate food system reform and disseminates information about the harms of animal agriculture. At the commission’s August meeting, AO presented its investigative work involving live animal markets in San Francisco.

A Legal Victory Sets the Stage

In August 2020, the Animal Commission recommended supporting California Prop 12, also known as the Farm Animal Confinement Initiative, which partially banned the sale of pork from farms that keep pregnant breeding pigs in gestation crate enclosures measuring less than 24 square feet. In addition to prohibiting intensive confinement within the state, the law banned the sale of out-of-state products from animals raised in intensive confinement. It's no surprise California voters overwhelmingly passed Prop 12, but what came next was.

Opponents of the law sued and the case worked its way all the way to the U.S. Supreme Court. Opponents argued it violated the Dormant Commerce Clause of the U.S. Constitution, which grants Congress the power to regulate commerce between states, and that the law placed an undue and costly burden on pork producers in other states. 

The big surprise came when the Supreme Court ruled in favor of the California law, noting a state could establish its own rules on meat sold in the state, even if that means that products produced outside of the state must comply with the law. The U.S. Supreme Court ruling was a victory for animals due to the hard work of animal welfare advocates, including AO and the Humane Society. Other states are now working on similar legislation. Way to go, AO!

Revisiting Live Animal Markets

Emboldened and unafraid to take on another political hot potato, AO contacted the Animal Commission in hopes of revisiting the subject of live animal markets, a topic that in the 1990s was, by far, the commission's most contentious issue. A 1996 New York Times article recapping the 19 months of commission meetings on this topic outlined how divisive the issue was. At one point, the author asked, "What's an animal-respecting, multiculturally sensitive, compulsively democratic city to do?" 

Now we find ourselves nearly 30 years later, wondering if it is time to revisit the topic of live animal markets in San Francisco. What might be different this time around?

What’s Changed Since the 1990s?

For starters, the pandemic caused many people to pause and re-evaluate things. I won't dig into the contentious theories surrounding the origin of COVID-19 (wet markets vs. lab-manufactured), only to note that mitigation strategies for the prevention of spreading disease at wet markets are no longer controversial. Also, grocery stores are now overflowing with plant-based alternatives to dairy and meat, indicating a shift with today’s consumers demanding better for animals and their communities. 

Challenges in Interpreting and Enforcing Animal Welfare Laws

AO believes that humane treatment applies to all animals, even animals sold for consumption at LAMs. During February and March 2022, AO visited several San Francisco LAMs and provided video evidence of cruelty at the markets to San Francisco Animal Care and Control (ACC). Unfortunately, ACC could not prosecute based on video evidence as officers must witness the abuses in person. AO acknowledged this is frustrating for ACC officers who are dedicated animal advocates. 

At our meeting, Commissioner VanHorn shared his own experience with this issue. During the onset of the Covid-19 pandemic, he visited LAMs. He spoke with community leaders and the media and clarified that the San Francisco District Attorney told him that animals raised for consumption aren't afforded the same protections as other animals. In addition, although federal animal cruelty laws exist, there are only a couple of inspectors to enforce these laws. Any law is only as good as its enforcement. 

But there is hope and a generous offer by AO to work with the City Attorney to clarify existing penal codes, including a possible new interpretation of the laws and the teeth to enforce them. ACC, AO, and the City Attorney have been meeting on these matters, and the case for support from AO is available on the commission's website. Considering AO's recent victories on other fronts, I am optimistic we may see real change on this one. 

Next Steps for the Animal Commission

The commission is currently in a holding pattern on live animal markets as we wait for word from the City Attorney and ACC. We expect more clarification will be available by our November 12 meeting, which is being held at 5:30 p.m. in Room 408 at City Hall. Please join us in person or online.

Grateful for Progress

Neither laws or holiday traditions change quickly. They take time and a willingness to think differently, but many of us are looking at our holiday celebrations through new lenses. I'm grateful for my friends and family, and I welcome a big celebratory feast any time of year. But I am also truly thankful for the folks who aren't content with what is and instead ask, "How can we do more good for the animals?”  

One obvious way is to reduce our own meat consumption. And so, as promised, here is a fungi-forward, festive, and tasty showstopper dish that is vegetarian and, with minimal effort, can be made vegan. I hope you enjoy this Mushroom Wellington recipe, courtesy of the New York Times, and that your holiday season is filled with gratitude for all the animals and humans in your life. 

Gratefully yours,
– Commissioner Tobin

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The next meeting of the Commission of Animal Control and Welfare will be held at 5:30 p.m., Thursday, November 9, in Room 408, City Hall, 1 Dr. Carlton B. Goodlett Place, San Francisco, CA 94102. Information about remote access to meetings is available at sf.gov/animalcommission. Agendas are published 72 hours prior to the meeting.

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The views and opinions expressed in this column are those of Commissioner Tobin and do not necessarily reflect the official policies or positions of the Commission of Animal Control and Welfare.