Massachusetts Appeals Court overturns zoo vet harassment order over due-process error
The Massachusetts Appeals Court vacated a harassment-prevention order against a zoo veterinarian, ruling that the protester’s due-process rights were infringed when her motion to lift the order was denied.
In Boston, the Massachusetts Appeals Court reversed a lower-court decision that had issued a harassment-prevention order against a zoo veterinarian. The protester, who represented herself, contended that her constitutional due-process rights were violated when the trial judge denied her request to vacate the order and placed the burden of disproving the allegations on her. The appellate judges agreed, noting that only a single alleged incident could be reasonably classified as harassment; the remaining three were deemed protected expression, not threats or fighting words.
They also criticized the trial judge for accepting the veterinarian’s affidavit without proper scrutiny. As a result, both the original order and its subsequent extension were vacated.
Why it matters
The ruling clarifies the limits of harassment orders and reinforces due-process protections for protestors.
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