Court Refuses to Lift Ban on Shark Fins in California
A federal court in California has determined that Asian-American interest
organizations have not sustained their burden of showing that they are
entitled to preliminarily enjoin the shark fin ban that took effect January 1,
2012, in the state. Chinatown Neighborhood Ass’n v. Brown, No. 12-3759 (N.D. Cal., decided January 2, 2013). Additional details about the case appear in Issue 447 of this Update.
The court found that the plaintiffs were unlikely to prevail on their claims of
discrimination against the Chinese-American community that uses shark fins
in traditional dishes served at many banquets and special events. Finding
that the state had a rational basis to impose limits on shark finning and that
the state regulations did not overlap federal restrictions, the court denied the
plaintiffs’ motion for a preliminary injunction.