|
Lawsuit
Against Ringling Bros.
to Protect Asian Elephants Moves Forward
Background
On June 8, 2000, the
Animal Welfare Institute (AWI), American Society for the
Prevention of Animal Cruelty (ASPCA), the Fund for
Animals (FFA) and former Ringling Bros. employee, Tom
Rider* brought a lawsuit under
the Endangered Species Act (ESA) against Ringling Bros.’
for its mistreatment of Asian elephants. The suit
alleges that Ringling Bros.' routine beating of
elephants with bull hooks, its forcible separation of
baby elephants from their mothers, and its chaining of
elephants for long periods of time constitute the
unlawful "take" of these endangered animals in violation
of the ESA. In February 2002, the U.S. Court of Appeals
for the D.C. Circuit unanimously held that plaintiffs
had Article III standing to bring the case. See ASPCA v.
Ringling Bros., 317 F.3d 334 (D.C. Cir. 2003).
Recently, the Animal
Protection Institute (API) joined forces with us as an
additional plaintiff. Currently, all parties are
partaking in the discovery phase of the litigation
whereby both sides are exchanging documents and other
pieces of the information, which may be used at trial.
We are hopeful that the case will go to trial sometime
next year.
Facts About Asian Elephants
Asian Elephants, the
only elephant species used by Ringling Bros., are
endangered in the wild, due to poaching, hunting, and
the destruction of their natural habitat. They are
listed as “endangered” under the Endangered Species
Act, which prohibits anyone from “killing,” “harming,”
or “harassing” them.
Asian elephants are
extremely intelligent and social animals. Adults weigh
between 6,000-10,000 pounds and live to be approximately
65 years old. In the wild, elephants maintain strong
family bonds — baby elephants are not usually weaned
until they are at least 4 years old , and young
elephants stay with their mothers for many years to
learn important social and survival skills. Females
remain with their mothers and other members of their
herds for their entire lives.
The
Bullhook as a Training Tool
A “bullhook,” or “ankus,”
is a 2-3 foot long club with a sharp metal hook attached
at the top. It is used repeatedly to beat, hit, poke,
prod or stab the animals, especially when they are
young, to “train” and “break” them, and to make sure
that they perform as required. Although elephants are
thought to have strong hides, their skin is extremely
sensitive, particularly behind the ears, on the trunk,
and on the head — places where they are most often
struck with the bullhook. The elephants’ skin is so
sensitive that they often throw dust or mud on their
backs to protect their skin from sunburn. Once the
animals have been hit repeatedly throughout their lives,
just showing them the bullhook will often be enough to
get them to act as required.
Recent Accounts of Elephant Mistreatment and Death Under
Ringling’s Care
March 2000: Tom
Rider, who worked as a “barn man” for Ringling Bros.
for 2-1/2 years, left the circus. In sworn testimony
presented to the USDA and the Fish and Wildlife
Service, Mr. Rider reported that the elephants were
chained for as long as 23 hours a day, and that
Ringling Bros. routinely beats and hits the elephants,
including the babies, with bullhooks. Mr. Rider
reported that, at one point, he counted more than a
dozen bullhook wounds on each of two older elephants,
“Zeena” and “Rebecca.” Mr. Rider also witnessed
particularly severe beatings of the baby Benjamin.
February 1999:
While conducting an unannounced inspection at the
Ringling Bros.’ “Center for Elephant Conservation” in
Florida, inspectors for the U.S. Department of
Agriculture, which has jurisdiction under the Animal
Welfare Act over all animals used in entertainment,
observed “large visible lesions” on the rear legs of
two baby elephants, Doc and Angelica. These lesions
were approximately 6 inches long and an inch wide.
When the inspectors inquired about these wounds, they
were informed by Ringling Bros. employees that they
were caused by rope burns during the “routine” process
of separating babies from their mothers. They were
further informed that the babies, who were only 18
months old, had been forcibly torn away from their
mothers a month earlier, with the use of ropes around
each leg and a chain around their necks. After
convening a panel of elephant experts, the USDA
informed Ringling Bros. in May 1999 that this
treatment violates the Animal Welfare Act’s
regulations and causes the animals “trauma, behavioral
stress, physical harm and unnecessary discomfort.”
July 1999: A baby
elephant named “Benjamin,” who eyewitnesses say was
repeatedly beaten by Ringling Bros. trainers, died
while purportedly swimming in a pond. He was only 4
years old.
Video footage shows he preferred to remain in deep
water to going towards shallower water because his
trainer was standing there holding a bullhook.
December 1998: Two
Ringling Bros.’ employees, Glenn Ewell and James
Strechon, quit Ringling Bros. In sworn testimony
provided to the USDA and the U.S. Fish and Wildlife
Service, they reported that elephants were left
chained for most of the day, and that Ringling Bros.’
handlers and trainers severely beat and hook elephants
with bullhooks on the head, ears, ankles, and other
parts of their bodies, and that they often draw blood.
Both men also testified that they saw the baby
“Benjamin” severely beaten many times. The men also
reported that at least one particularly severe beating
of an older elephant took place in front of a
high-level Ringling Bros. manager, who did nothing to
stop it.
January 1998: A
baby elephant named “Kenny” died while traveling with
the Ringling Bros. circus. Kenny, who was only 3-1/2
years old, was made to perform on the day he died,
even though he was extremely ill. According to the
USDA, Ringling Bros. violated the Animal Welfare Act
by making him perform “after determining that the
elephant was ill and needed to be examined by a
veterinarian.”
Should you wish to make
a donation to help us with our mounting legal bills,
please send a check made payable to the Animal Welfare
Institute and mail it to:
Animal Welfare Institute
P.O. Box 3650
Washington, D.C. 20027
Note on check: Ringling Bros. Lawsuit
We also accept
donations made by credit card (Visa or MasterCard).
Should you wish to make a donation in this manner,
please call the Animal Welfare Institute at 703-836-4300
and ask for Tracy Silverman.
* The non-profit
organizations and Tom Rider are being represented by the
law firm of Meyer, Glitzenstein & Crystal, which is
based in Washington, D.C.
|
