WASHINGTON – Yesterday, U.S. District Court Judge Emmet Sullivan ordered the Ringling Brothers and Barnum & Bailey Circus and its attorneys to appear in federal court to show why the circus should not be held in contempt for refusing to turn over more than 2,000 pages of medical records concerning its performing elephants. Yesterday’s order comes just a few weeks after a judge in Virginia ordered Ringling Brothers and its attorneys to pay more than $50,000 in legal sanctions for similar misconduct in a separate state court action.
“Whether in state or federal court, Ringling Brothers appears to have a pattern of stonewalling, delay, and manipulation to avoid disclosing any information concerning the potential mistreatment of its performing animals,” said Jonathan Lovvorn, vice president of Animal Protection Litigation for The Humane Society of the United States. “Ringling Brothers advertises that its elephants are happy and well-treated, but is apparently willing to risk federal court sanctions to avoid disclosing the medical records necessary to verify these claims.”
The federal case – brought by The Fund for Animals, the ASPCA, Animal Welfare Institute, and a former Ringling Bros. employee -- centers around allegations by eyewitnesses that Ringling Brothers Circus routinely violates the federal Endangered Species Act in its treatment of Asian elephants. The suit charges that this mistreatment comes in the form of abusive training methods, discipline, confinement of the animals, and separation of baby elephants from their mothers. Investigators have videotaped trainers striking elephants, contrary to statements that the animals are trained exclusively through positive reinforcement. The lawsuit alleges that trainers use a stick with a sharpened metal hook on the end (called a “bullhook” or “ankus”) to repeatedly beat, pull, push, torment and threaten elephants.
Although the plaintiffs had requested all veterinary records concerning the circus’ elephants, Ringling Brothers only produced a brief compilation of some of the animals’ records, and later claimed that it somehow overlooked approximately 2100 pages of medical records stored at the organization’s veterinarian’s home office. During a hearing on Friday, the court repeatedly admonished Ringling Bros. for failing to disclose the medical histories of its elephants, and made clear that the circus’ conduct could result in monetary fines or incarceration for circus officials.
The plaintiffs are represented in the case by Katherine Meyer of Meyer Glitzenstein & Crystal.
The Humane Society of the United States is the nation’s largest animal protection organization representing more than 9 million members and constituents. The non-profit organization is a mainstream voice for animals, with active programs in companion animals and equine protection, disaster preparedness and response, wildlife and habitat protection, animals in research and farm animal welfare. The HSUS protects all animals through education, investigation, litigation, legislation, advocacy, and field work. The HSUS and The Fund for Animals joined forces and combined their operations in January 2005. The group is based in Washington and has numerous field representatives across the country. On the web at www.hsus.org.
