Long Island native Asher Smith plays a pivotal role in upholding the rights and well-being of animals.
Asher Smith’s Background
Named one of the top 40 Young Lawyers in America by the American Bar Association for his groundbreaking work at the PETA Foundation, Smith has been involved with numerous cases resulting in the takedown of animal abusers, stopping the humane-washing of animal-derived foods in advertising and fighting for animals used in experiments.
Smith believes that it doesn’t take any great degree of abnormal empathy to see that animals are just as capable as humans of feeling pain and joy and have interests that are worth respecting.
“I was a first-year law student when PETA filed a case against SeaWorld, arguing that keeping orcas in captivity was slavery, in violation of the Thirteenth Amendment, and it was very inspiring to learn how constitutional litigation could be used to state a claim that felt obvious to me,” Smith says. “While PETA didn’t win that case, it produced a thoughtful decision that acknowledges animals may have rights under various constitutional provisions. This helped inspire me, showing me one way the law could be used to advocate for animals.”
The PETA Foundation’s legal team operates as a boutique litigation firm on behalf of PETA and other plaintiffs to advocate for animals in the courtroom.
Asher Smith’s Current Service
Smith and his team secured a ruling against Tiger King villains Tim Stark and Jeff Lowe for their practice of prematurely separating big-cat cubs from their mothers, and in Stark’s case, declawing them and using them in his Tiger Baby Playtime events, as violations of the Endangered Species Act.
In a subsequent U.S. Department of Justice (DOJ) lawsuit alleging that Lowe violated both the ESA and the federal Animal Welfare Act, many of Smith’s arguments were adopted by the DOJ in a case that resulted in the confiscation of all wild and exotic animals from Tiger King Park in Oklahoma.
Smith’s cases also included a first-of-its-kind constitutional lawsuit on behalf of 30 barn owls used in deadly brain studies at Johns Hopkins University as well as a lawsuit against Pete and Gerry’s Organics, the owner of Nellie’s Free Range Eggs, on behalf of consumers in New York who felt deliberately misled by the company’s deceptive packaging, depicting joyful hens frolicking outdoors.
A PETA investigation revealed that rather than enjoying lush pastures, 20,000 hens were crammed into a single crowded shed at a Nellie’s supplier.
In a landmark victory for consumers, a Manhattan federal court rejected a motion by Nellie’s to dismiss the suit — a ruling that has put other egg sellers on notice that they’re potentially liable for similar deceptive marketing claims.
Smith’s job doesn’t end in the courtroom. He was also physically present when the actual rescues took place in his Tiger King cases, to ensure that rights and well-being of animals at issue were upheld.
“The experience of being there firsthand is a big reminder of why I chose this job. It’s both immensely gratifying to see the animals rescued and sent to a sanctuary that offers the care and environment they require to thrive, and infuriating to see the harm these roadside zoos inflict on them,” says Smith.
