Facts & Overview: A concessionaire awarded goldfish to winners in a game of chance. The organization notified him that awarding goldfish as a prize violated Mass. Gen. Laws ch. 272, ? 80F. The concessionaire was granted an injunction to prevent the organization from enforcing the statute and the organization appealed. The court held that the granting of injunctive relief was improper, as the threat of criminal prosecution was not, in itself, ground for relief. The statute was designed to protect animals subject to possible neglect by prizewinners, and the statute applied to goldfish. The injunction was vacated and it was ordered that a judgment be entered declaring that the word "animal," as used in the statute, included goldfish.
P intended to award goldfish as a gam – but informed that it would be cruelty to animals