ASPCA & HSUS Demand Cruelty Charges in Passaic, New Jersey Animal Sacrifice

American Society for the Prevention of Cruelty to Animals
Friday, 24 October 2003

Agencies call on Passaic municipal authorities to enforce New Jersey animal cruelty statutes

The American Society for the Prevention of Cruelty to Animals (ASPCA) and The Humane Society of the United States (HSUS), the nation's two largest animal protection organizations, today called on Passaic municipal authorities to enforce New Jersey animal cruelty statutes and prosecute Felix Mota, a Santeria priest in Passaic, New Jersey who reportedly killed two roosters and a lamb on the evening of October 21, 2003 at an altar behind his religious supply store on the city's main street.

The ASPCA and HSUS are calling on their membership to contact New Jersey state and Passaic municipal authorities to demand prosecution of this case. The ASPCA does not have law enforcement authority in the state of New Jersey; however, their Government Affairs & Public Policy and Humane Law Enforcement departments are communicating with local authorities and both organizations are offering to provide educational and legal assistance. "According to the New Jersey animal cruelty statute, the needless killing or cruel treatment of a living animal is prohibited," commented Bill Dunn, ASPCA senior director and counsel for the Humane Law Enforcement department. "We consider the acts performed by Felix Mota to be illegal and this case should be prosecuted."

Felix Mota's lawyer claims that killing the animals for this ceremony was protected by a 1993 Supreme Court decision, Lukumi Babaluaye vs. City of Hialeah, Florida. However, the ASPCA and HSUS attorneys point out that the Supreme Court decision overturned City of Hialeah, Florida ordinances that prohibited animal sacrifice for religious purposes. The Court did not preclude prosecution under existing animal cruelty statutes.

"The Hialeah decision does not give anyone the right to commit animal cruelty," said Melissa Seide Rubin, an attorney with The HSUS who provided legal assistance on The HSUS' amicus brief in the 1993 case. Seide Rubin is currently HSUS vice president for field services.

Cases involving animal sacrifices are not unusual:

• Tallahassee, FL, October 2003. A Tallahassee man continues to perform ritual animal sacrifices in his backyard despite a disorderly conduct citation and complaints from neighbors.
• Aberdeen, NJ, June 2003. Police investigate a case of four beheaded ducklings who were painted blue and black and found scattered among discarded fruit off the New Jersey coastline. The man arrested in the case claimed he was performing a ritualistic Santeria ceremony.
• Houston, TX, March 2003. Authorities seize 12 goats, 11 chickens and two pigeons that were about to be sacrificed in a Santeria ceremony. Evidence at the home showed ritualistic sacrifices had taken place there.
• Middletown, CT, August 2002. Police investigate whether an animal's tongue nailed to a tree outside the Middlesex Superior Court was a threat or an element of religious animal sacrifice.

For more information, or to contact American Society for the Prevention of Cruelty to Animals, see their website at: www.aspca.org