Circus Elephant Abuse Lawsuit Dismissed By Appeals Court

WASHINGTON — A federal appeals court on Friday upheld the dismissal of a lawsuit brought by animal rights activists that claims the Ringling Bros. and Barnum & Bailey Circus abuses its elephants.

The U.S. Court of Appeals in Washington agreed with a lower court judge that the Animal Protection Institute and a former Ringling employee Tom Ryder did not have the legal standing to sue the circus. The lower court found that Ryder was "essentially a paid plaintiff" because he received at least $190,000 from the animal rights activists pursuing the case.

The lawsuit claimed the circus is violating the elephants' protection under the Endangered Species Act with the use of bullhooks for training and prolonged chaining during train rides between shows.

Feld Entertainment Inc. argued the elephants are not hurt and that the instruments are necessary to keep the animals under control and protect public safety. The Vienna, Va.-based company runs the circus and has an elephant sanctuary in Florida.

Feld attorney John Simpson said the appellate ruling supports the company's $20 million racketeering lawsuit against Ryder, animal rights groups and their attorneys that claims they committed bribery, obstruction of justice and other illegal acts in filing the elephant suit. Simpson said the purpose of the company's suit is to keep animal rights groups from using the federal court system to pursue "radical agendas."

"Feld Entertainment is the target today and some other businesses are going to be targets tomorrow," Simpson said in a telephone interview. "And at some point it has to stop."

The Animal Protection Institute declined to comment on the ongoing litigation. But they are asking a judge to dismiss Feld's racketeering suit, calling it "a transparent effort to stifle any criticism of FEI's elephant treatment practices" and to bankrupt and punish the animal rights groups.

Ringling Brothers Elephant Abuse Protest from BOZZ media on Vimeo.

Comments

[KadejaLatefah]

08:08 PM on 11/23/2011

well if a corporation is a person - why isn't an elephant?

[olitenup]

11:00 AM on 11/04/2011

Sad day. Wouldn't it be wonderful if we could move our conscientiousness to higher level and stop the abuse of our world and the creatures that walk it with us.

[mcmHI]

08:39 PM on 11/01/2011

Boycott the circus. Don't support any venue that uses animals as entertainment. Very disappointing to learn that this case did not hold up. Elephants are highly intelligent, social animals. I am saddened to see them taken from their mothers at such a young age and then beaten into submission and fear to perform for humans. I hope they live to see justice one day. Humans and their superior attitudes!!

[Luna Paydon]

10:23 AM on 10/31/2011

I'm happy I'm not the only "radical" who believes that elephants have rights. Even if this lawsuit was dismissed, I'm happy to see the majority of the commenters here support these amazing creatures. They need all the help they can get. You either must be blind or heartless not to see the abuse elephants endure in the circus life.

[Rebrebreb]

03:55 PM on 10/30/2011

It is disgusting that this suit was dismissed. There is more than enough documentation of the abuse of elephants in circuses, particularly the Ringling Bros enterprise. Once again, the judicial system goes out of it's way to dismiss the rights and reasons of activists, and support the corporation. Their reasons for dismissing the suit sound completely made up, for one can only imagine the amount Ringling has "paid" to the people testifying on their behalf. Mr. Ryder is brave to come forward, but it is sad and despicable that our courts still side with the companies that dole out abuse - on animals AND people. Another reason to OCCUPY!! The systems are backwards, don't represent the individuals (animal or people) and need to be changed.

[karen lyons kalmenson]

07:53 AM on 10/30/2011

treat all others
as you wish to be
treated
or you are no more
than an expletive,
deleted
KLK

[karen lyons kalmenson]

07:52 AM on 10/30/2011

kangaroo court and no just in justice:(

[Anjushri]

05:47 AM on 10/30/2011

Another piece that readers might find interesting which is related to legislation and other animals -- Are orcas covered under the 13th amendment? - Roanoke vegan | Examiner.com http://exm.nr/scpXEO

[tjwdraws]

07:58 PM on 10/29/2011

"radical agendas" being stopping the abuse and torture of sentient beings. If that's "radical" then I guess I am a radical!

[Caligal1]

05:14 AM on 10/29/2011

Legally, I get why the court held that the plaintiffs didn't have standing because they did not suffer injury in fact. But it is the animals who suffer the pain and injury, but they cannot speak for themselves.

These wonderful and intelligent creatures do not deserve to be locked up, put in tiny spaces, and beaten to perform stupid tricks.

I'm so sick of the standing issue getting in the way of protecting the rights and lives of animals. It seems to me like these organizations/associations that stand up for animal welfare should be given less stringent standards for establishing standing because of the inability of those who are truly hurt (the elephants) to bring the suit on their own.

[HLL]

11:47 AM on 10/29/2011

F & F ~ Beautifully put, Caligal1. Elephants cannot speak for themselves, nor any animals forced to work in circuses, sea parks or be locked up in zoos. That cruel, heartless treatment is soul-crushing for emotional, loving, intelligent animals who should have the right to live free in their own habitats and sanctuaries — “To my mind, the life of a lamb is no less precious than that of a human being.
” ~ Mahatma Gandhi ☮

[Malcolm Hensley]

10:47 PM on 10/28/2011

See PETA should join this lawsuit and combine it with their Orcas/Sea World Suit and make it Class Action Lawsuit!

But Do as my Daughter suggested, a Junior in High School taking American History, don't sue use the 13th Amendment the prohibition of slavery use the 2nd Amendment against both Ringling Bros. and Barnum & Bailey Circus and Sea World - the Right to Bare Arms!

[Luna Paydon]

10:15 AM on 10/31/2011

smart kid! :)

[mikecrt]

01:10 PM on 11/23/2011

Idiot. The constitution applies to humans.

[Malcolm Hensley]

02:36 PM on 11/23/2011

I can tell you either never read the Constitution or you didn't read my comment.

Which was it?

[KadejaLatefah]

08:11 PM on 11/23/2011

and corporations....

[Mercedes]

07:04 PM on 10/28/2011

May those who approve of the abuse and degradation of these majestic, intelligent animals be haunted by their decisions...

[sophie M]

06:19 PM on 10/28/2011

there is an elephant sanctuary in TN.
they take in the abused and elderly elephants.
it is such a peaceful place.
the elephants roam free and are loved.

[averagezoe]

06:14 PM on 10/28/2011

This comes as no surprise. Animals exist only for the entertainment of humans and can be abused, tortured and neglected at will. Circus animals amuse the spectators, racing dogs and horses make money for those who bet on them, puppies are produced to line the pockets of breeders, exotic animals are ripped from their habitats in order to vegetate in backyard cages. Humane treatment of animals is not a priority in this country; they are after all merely possessions to be exploited and used for profit. Domestic animals such as dogs are chained up in backyards and, if lucky, get food once in a while; they are being bred and trained to fight each other to the death, cats are brutally mutilated by declawing because the precious furniture outranks their suffering, horses suffer agonizing pain due to lack of care and often die in filth.............and on it goes. This is the prevailing attitude of Americans and it's not going to change. This is a society of selfish, sadistic, depraved and uncaring individuals and all of us who dedicate our lives to alleviate at least some of the suffering, know full well that we are beating our heads against the wall, yet we keep on doing it. As the old saying among rescue people goes: "Saving one animal may not change the world, but it certainly changes the world for that one animal."

[bcmom]

06:13 PM on 10/28/2011

We do not need animals as entertainment. Circuses should be a thing of the past. Time has come to close them.