By Richard Farinato
In the week before St Patrick's Day, 16 performing elephants
in Illinois got an early dose of the luck of the Irish: a
permanent separation from their much-maligned owner.
The United States Department of Agriculture's (USDA) Animal
and Plant Health Inspection Service brought the Hawthorn Corp.,
a USDA licensee owned by John F. Cuneo Jr., before a USDA
administrative judge in Washington, D.C. Hawthorn, one of the
larger suppliers of performing elephants and tigers in the
country, had been charged with numerous violations of the
Animal Welfare Act (AWA), including serious charges such as
mishandling that caused physical harm, discomfort, and trauma
to the elephants and created a risk for both elephants and the
public.
Under a consent decree, Cuneo admitted guilt and was
assessed a penalty of $200,000. More important, Cuneo was also
ordered to place all of his elephants into USDA-approved
facilities by August 15.
The immediate aftershocks of the USDA's actions were felt
all across the animal kingdom. I was on my way to an animal
care conference in Dallas on Monday, March 8, and I swear I
felt the planet swerve on its axis slightly while in flight.
When I checked e-mails on Tuesday, I finally realized why: The
resolution of this case was truly earth-shaking.
The animal protection and animal rights community have long
campaigned against Hawthorn Corp. and its treatment of animals.
There have been several incidents over the past ten years
involving elephants trained and rented out by Hawthorn that
should have been enough, in the view of many, to make the USDA
lower the boom earlier.
The tragedy in Hawaii in 1994—in which a female elephant
named Tyke charged through an audience in Honolulu after
killing one circus employee and injuring another—graphically
showed the danger inherent in any wild animal performance. That
incident resulted in human death and injury followed by the
prolonged agony of an elephant doomed to die on a city street
in a hail of small-arms fire. News reports at the time say it
took Tyke nearly two hours to die after being shot almost 100
times.
A year later (and again in 2001), more Hawthorn-owned
elephants went on a rampage, resulting in property damage and
public panic. But then in 1996, something really rare occurred:
Two Hawthorn elephants died within days of each other from
tuberculosis, marking the first case of zoonotic tuberculosis
in elephants in the United States since the late 1800s. What's
more, in 1997, the company attempted to ship a
tuberculosis-infected elephant to Puerto Rico, violating a
USDA-imposed quarantine on the Hawthorn herd.
The litany of charges could, almost literally, go on for
several pages, if you were to cite the individual deficiencies
noted by USDA inspectors in animal care and handling, and list
the fines paid by Cuneo as a result of such charges and
incidents.
Lota Trouble
The history of a female Asian elephant named Lota, now in
her 50s, has been one of the most unfortunate involving Cuneo.
Lota was transferred to the Hawthorn Corp. by the Milwaukee
County Zoo in 1990. She was a troublemaker, said the zoo, and
she had to go. So Lota was dragged in chains, struggling and
screaming, into a truck and packed off to her new life as a
circus performer for Cuneo.
In her 14 years with Hawthorn, she has endured the
inadequate care documented by the USDA, not to mention the
usual stress and trauma of travel as she was rented out
seasonally to various performance venues. She eventually
developed tuberculosis.
Several individuals and groups—even, eventually, the
Milwaukee County Zoo itself—attempted to purchase Lota from
Hawthorn and allow her to retire. All pleas were ignored. Only
now is there a chance for Lota (an the other 15 elephants still
owned by Cuneo) to get the respite they so richly deserve.
But here's the rub: This forced retirement could have
happened years ago, and probably should have. Historically, it
has been difficult to understand why the USDA has allowed
situations like this to continue.
USDA Seizes the Moment
In April 2003, the USDA brought its last slate of charges
(this time totaling at 47) against Cuneo for the treatment of
elephants between March 2001 to June 2002. In November 2003,
the USDA seized an elephant named Delhi from Hawthorn,
transferring her (and her ownership) to the Elephant Sanctuary
in Hohenwald, Tennessee.
Observers knew that for an action of this magnitude to take
place, the animal had to be suffering or in imminent danger of
death from lack of adequate care. Judging from descriptions of
Delhi's front legs and feet, and the presence of serious bone
damage, I'd say she was suffering. Her seizure was historic; it
made some of us think that a major event was in the making.
And it was. Now, we look forward to the first large exodus
of performing elephants from conditions that no animal should
have to endure. Although 16 elephants is a significant number
of animals to find good homes for, it can be done. But it will
not be easy, and it will be expensive.
The USDA should be inundated with thank-yous from anyone who
cares about the welfare of a dog, a worm, an elephant, or any
other creature who shares the world with us. The agency did its
job, and did it well. All of us should also be prepared to
help, in whatever way we can, to ensure that these elephants
are placed in environments that will meet their needs to as
large a degree as possible.
But while we look at this positive scenario for Delhi, Lota,
and her companions in Illinois, we need to remember that
another 500-plus elephants in the United States, be they
performers or zoo dwellers, live lives that are often bleak and
physically and emotionally impoverished. We also need to be
aware that wild elephants in Africa and Asia are being caught
and shipped here for exhibition.
It looks like we will need more than just St. Patrick's
assistance—or the USDA's—to give all the world's elephants some
peace and quiet.
What You Can Do
Write to Secretary of Agriculture Ann Veneman. Tell her that
you applaud the seizure of the Hawthorn Corp.'s elephants, that
you hope she will do everything in her power to ensure that
these elephants are housed in facilities that will care for
them responsibly for the rest of their lives, and that you
encourage her to pursue all other cases of AWA violations with
the same thoroughness.
Send your letters to:
The Honorable Ann Veneman
Secretary of Agriculture
U.S. Department of Agriculture
1400 Independence Avenue, SW
Washington, D.C. 20250
Richard Farinato is The HSUS's
Director of Captive Wildlife Programs.
