For Frank Rothschild, director of the Center for Contemporary Equine Studies, the law is clear: Donkeys are equines, and the sale of ejiao for human consumption in California is illegal. “We are a scientific organization and not in the business of national advocacy. We want the defendants to stop selling ejiao because it’s illegal,” he says. “That’s the law.” Bruce Wagman, an attorney unaffiliated with the complaint who has practiced animal law in California for 30 years, says that while the center presents a reasonable argument, it’s unclear whether a judge would agree because the law’s wording leaves room for interpretation. “Horsemeat is not really defined in the text of the relevant statute,” he says. “But the spirit of Proposition Six is absolutely to prevent equines, including donkeys, from being slaughtered for people to consume. Period.” Update 10:50 am, February 24, 2023: Following publication, Bruce Wagman clarified that while he has exclusively practiced animal law in California for 18 years, he has practiced animal law to one degree or another for 30 years. We’ve updated the piece to reflect this information.
