A New Jersey teenager is spearheading a legislative effort to allow pet owners to seek emotional distress damages after their companion animals are killed, a right not currently afforded by state law. The proposed "Moksha Law – Companion First Rights Act" was drafted by 13-year-old Zander Zaki-Elba.
The impetus for the law came last March when Zaki-Elba's 5-pound Chihuahua, Moksha, was fatally attacked by a nearly 200-pound pit bull outside their Washington Township apartment complex. Zaki-Elba witnessed the mauling and described the horrific scene, stating, "His mouth was wide open. His tongue was sticking out from inside his mouth. And I just can’t get that out of my head at all." Animal control officials informed Zaki-Elba and his mother, Alicia Stinglen, that the incident was not a crime and likened the deceased pet to a piece of property.
"Nobody wanted to help anybody. They told me ‘It’s not a crime. Your dog is a piece of property, like a dresser. And that’s all he is,'" Stinglen told NJ Advance Media. "I’m like, ‘He was our family.'"
The owner of the pit bull was fined after being charged with lacking a license and for owning a dangerous dog. The Zaki-Elba family received $3,000 in restitution. Zaki-Elba and his mother have since relocated and are undergoing therapy for anxiety and PTSD stemming from the event. The current New Jersey Supreme Court ruling permits compensation only for the animal's market value, not for the emotional suffering of its owners.
Zaki-Elba's proposal aims to change this, allowing for justice and compensation for pet owners who experience similar trauma. "I think you should be able to get justice for an animal that you loved so much, where it was close to, like, family, basically your own child. He was like my own best friend," he said.
New Jersey Sen. Paul Moriarty expressed his support for the teen's initiative. "I was very touched by his letter. I can understand his dismay that the law treats pets as if they are property. I do not believe that pets are the same as furniture," Moriarty stated. Despite similar bills being proposed in the past, none have successfully passed the New Jersey State Senate.