Opinion
NO. 2014 CW 0093
01-23-2014
JUSTINE QUINN v. STATE OF LOUISIANA, BY AND THROUGH THE LOUISIANA STATE DEPARTMENT OF WILDLIFE AND FISHERIES
In Re: State of Louisiana and Department of Wildlife and Fisheries, applying for supervisory writs, 19th Judicial District Court, Parish of East Baton Rouge, No. 627378. BEFORE: WHIPPLE, C.J., WELCH AND GRAIN, JJ.
WRIT DENIED. We deny the application on the showing made.
JEW
VGW
GRAIN, J., dissents. To possess a spider monkey (non-human primate) requires a permit from the Louisiana Department of Wildlife and Fisheries. Only "owners who can prove previous ownership prior to July 1, 2003" can obtain a permit, and then only upon providing the Department with (1) proof of legal ownership, (2) a microchip or tattoo number for the monkey, and (3) a health certificate showing the monkey is free of all symptoms of contagious and/or infectious diseases. It is undisputed that the alleged owner, Justine Quinn, does not have a permit to possess this monkey. Without a permit, there is no legal authority for Quinn to continue to possess the monkey. To do so is a violation of express statutory law. Therefore, I would grant the emergency writ application and order that the monkey remain in the possession of the Louisiana Department of Wildlife and Fisheries while Quinn is allowed the opportunity to establish her right to possess the monkey. COURT OF APPEAL, FIRST CIRCUIT /s/_________
DEPUTY CLERK OF COURT
FOR THE COURT