Under the federal Animal Welfare Act (AWA), anyone who publicly
displays wild animals or who conducts performances featuring
wild animals must acquire a license to exhibit from the AWA's
administrator, the U.S. Department of Agriculture, and must
comply with the AWA and its regulations. Businesses that must
acquire such a public display license include circuses, marine
mammal shows, amusement parks, carnivals, independent animal
acts, television shows, movies, and educational exhibits. Under
the AWA all wild animals must be given the same quality of
housing and care, regardless of whether they are currently
performing.
In order to provide explicit protection and to prevent
specific kinds of unsafe or cruel treatment, localities have
enacted ordinances regulating the treatment of wild animals in
circuses. State laws can and should address this issue as
well.
Deliberately cruel treatment should be considered a
violation of a state's anti-cruelty statute. Unfortunately,
USDA-licensed operations in a handful of states are exempt from
anti-cruelty statutes. (However, the USDA has stated that
facilities licensed by the USDA under the AWA should be
governed by state anti-cruelty laws.) In two other states, the
anti-cruelty statute specifically exempts circuses from
coverage. In those states, deliberate mistreatment, or even
torture, can be difficult if not impossible to prosecute.
Numerous approaches may be used when drafting legislation to
regulate the treatment of wild animals in circuses.
Hollywood, Florida, forbids the display of vertebrate
animals for entertainment or amusement on public property and
closely regulates their display on private property. Revere,
Massachusetts, allows no display of wild animals for public
amusement or entertainment on city property and prohibits such
animals from being either forced to live separated from their
own species or publicly exploited. Quincy, Massachusetts,
simply prohibits the use of wild animals in circuses,
carnivals, and competitive races. Fairfax County, Virginia,
regulates all traveling animal exhibitions, whether an animal
performs or not. The county also requires that wild animals be
provided with adequate food, water, shelter, space, and
veterinary care and be given humane care.
After a circus elephant killed a trainer in Honolulu,
Hawaii, in 1994, the city introduced an ordinance banning all
circuses (and other traveling shows) from bringing wild animals
into Honolulu city or county. A New Hampshire bill introduced
in 1995 would have banned the use of all wild animals in
circuses. Unfortunately, neither of these bills was passed.
The HSUS recommends two different legislative approaches. In
the first, the community bans the use of any wild animal in an
act that engages the animal in unnatural behavior (such as a
lion jumping through a fiery hoop) or an act in which the
animal is wrestled, fought, mentally or physically harassed, or
displayed in a manner that abuses the animal or causes the
animal mental or physical stress. In the second approach, the
community bans the use of all wild animals in circuses unless
an ordinance is in place to ensure both the health and safety
of the citizens and the humane treatment of the animals.
The HSUS recommends that any legislation enacted apply not
only to wild animals exploited in circuses but also to those in
zoos, carnivals, traveling wildlife exhibits (roadside zoos),
and such acts as wrestling bears.
For more information about legislation and circuses, download our PDF.
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