Lawsuit Against Circus Cleared For Trial

(AP)  After seven years of legal fighting, a U.S. judge rejected efforts Thursday by the United States' foremost circus, Ringling Bros. and Barnum & Bailey, to derail a lawsuit alleging cruel treatment of its elephants.

"It's a fantastic result," said attorney Jon Lovvorn of the Humane Society of the United States, one of several animal welfare groups which have pursued the lawsuit. He estimated a trial date will be set for early next year.

The pivotal ruling concerned Ringling Bros.' contention that all of its 55 performing elephants were exempt from provisions of the Endangered Species Act that formed the basis of the allegations.

The judge ruled that 21 of the younger elephants were exempt because they were born in captivity as part of Ringling Bros.' Florida-based breeding program. But he said the trial could proceed regarding the other 34 animals, which were in Ringling Bros.' possession when Asian elephants were included in the Endangered Species Act in 1976.

"The ruling dramatically narrowed the issues in the suit ... and validates the importance of our breeding program," said Stephen Payne, a spokesman for Ringling Bros.' parent company, Feld Entertainment Inc.

"We dispute all of the plaintiffs' allegations, regardless of the number of animals involved and stand by our animal care program," Payne added.

The plaintiffs - which include the American Society for the Prevention of Cruelty to Animals and the Animal Welfare Institute - argue that circus life is inherently cruel to the elephants.

They say the use of sharpened hooks by trainers, the routine use of chains, the separation of baby elephants from their mothers and other common circus practices add up to an egregious violation of the Endangered Species Act. The plaintiffs want a court order halting these practices, which the activists believe would force Ringling Bros. to give up elephants altogether.

"We look forward to unveiling the curtain at trial to expose the suffering and death of elephants at the hands of the so-called 'Greatest Show on Earth,"' said Tracy Silverman, general Counsel for the Animal Welfare Institute. "These magnificent animals will finally have their day in court."

The circus has become more outspoken in defending itself since the lawsuit was filed in 2000. Ringling Bros. calls sharp-ended bullhooks an accepted tool developed over centuries to control the animals humanely. Activists say the implements - which resemble long fire pokers - often inflict wounds that leave scars.

Government regulations permit use of chains. Ringling Bros. says elephants are chained in place at night to keep them from foraging their companions' food, and during train rides to prevent sudden weight shifts that might derail the freight car.

[azmka]

I didn''t know much about this subject. The people who have worked for the circus who have posted here seem to be very informed. I agree that it would make more sense financially and morally to treat the elephants well.

[henryedgar]

i have been around circuses for 63 years and have never seen an example of animal abuse. elephants are loved by the people who own them and are treated much better than many people treat their kids. elephants are very expensive to maintain. most people who make this investment do everything they can to take care of it and i know for a fact that circus owners do.

[qeproduction]

I have worked for circuses my entire life. How many of these animal rights extremists have spent even a straight 48 hours on a show? How do they qualify to make statements about things they have no hands on experience in? These people are unbelievable. I would love to know their objective in all of this. Animals make the circus and from my experience, the owners and handlers know this. I have never in over 25 years witnessed the abuse of any animal on any circus I have been with.

[loublain]

elephants are used all over south asia as work animals. they are in circuses and zoos all over the world. is the purpose of this lawsuit to insure better treatment of elephants in general, or to return them to their "natural" state where they end up as ivory trinkets and rotting meat??.
At least there is a breeding program in place to insure the survival of the species.sounds like political theater from animal wactivists. "People Eating Tasty Animals"