Animal (first amendment) rights

The gist of appellant’s argument is that the Augusta business ordinance contains no category for speaking animals. The ordinance exhaustively lists trades, businesses, and occupations subject to the tax and the amount of the tax to be paid, but it nowhere lists cats with forensic prowess. However, section 2 of Augusta’s Business Ordinance No. 5006 specifies that a $50 license shall be paid by any “Agent or Agency not specifically mentioned.” Appellants insist that the drafters of section 2 could not have meant to include Blackie the Talking Cat and, if they did, appellants assert that section 2, as drafted, is vague and overbroad and hence unconstitutional.

Upon review of appellants’ claims, we agree with the district court’s detailed analysis of the Augusta ordinance. The assertion that Blackie’s speaking engagements do not constitute an “occupation” or “business” within the meaning of the catchall provision of the Augusta ordinance is wholly without merit. Although the Miles family called what they received for Blackie’s performances “contributions,” these elocutionary endeavors were entirely intended for pecuniary enrichment and were indubitably commercial.³ Moreover, we refuse to require that Augusta define “business” in order to avoid problems of vagueness. The word has a common sense meaning that Mr. Miles undoubtedly understood.

Finally, we agree with the district court that appellants have not made out a case of overbreadth with respect to section 2 of the ordinance. Appellants fail to show any illegal infringement of First Amendment rights of free speech⁵ or assembly.

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³ This conclusion is supported by the undisputed evidence in the record that appellants solicited contributions. Blackie would become catatonic and refuse to speak whenever his audience neglected to make a contribution....

⁵ This Court will not hear a claim that Blackie’s right to free speech has been infringed. First, although Blackie arguably possesses a very unusual ability, he cannot be considered a “person” and is therefore not protected by the Bill of Rights. Second, even if Blackie had such a right, we see no need for appellants to assert his right jus tertii. Blackie can clearly speak for himself.

Miles v. City Council of Augusta, Ga., 710 F.2d 1542, 1544 (11th Cir. 1983).

Thanks to Andrew for the pointer.