907 Whitehead Street, Inc. v. Secretary of the U.S. Dept. of Agriculture, et al, No. 11-14217 (11th Cir. 2012)Annotate this Case
The Ernest Hemingway Home and Museum appealed the district court's post-trial order denying it declaratory and injunctive relief. The Museum challenged the jurisdiction of the USDA to regulate the Museum as an animal exhibitor under the Animal Welfare Act (AWA), 7 U.S.C. 2131 et seq. The court concluded that the Museum's exhibition of the Hemingway cats (descendants of Hemingway's polydactyl cat, Dexter), which roamed freely on the Museum's grounds, substantially affected interstate commerce where the Museum invited and received thousands of admission paying visitors from beyond Florida, many of whom were drawn by the Museum's reputation for and purposeful marketing of the Hemingway cats and where the exhibition of the Hemingway cats was integral to the Museum's commercial purpose. Therefore, Congress had the power to regulate the Museum and the exhibition of the Hemingway cats via the AWA.