Wednesday, December 30, 2009

Great News!


Scan12523, originally uploaded by bucklesw1.

Just received word that Ringling Bros. and Barnum & Bailey has won the law suit against PETA's attempt to prevent the use of elephants.


Judge rules in favor of circus in lawsuit over treatment of Asian elephants





By Del Quentin Wilber
Thursday, December 31, 2009

A federal judge Wednesday sided with the Ringling Bros. and Barnum & Bailey Circus in a legal fight in which animal rights activists accused the circus of abusing its Asian elephants

In a 57-page opinion, U.S. District Judge Emmet G. Sullivan said a former Ringling employee, Tom Rider, and the Animal Protection Institute did not have legal standing to sue the circus under the Endangered Species Act.

Rider and the institute had argued that Ringling Bros. had violated the Endangered Species Act because handlers used bull hooks on elephants and chained them for long periods. Such techniques harmed the elephants, Rider and API argued.

Attorneys for Feld Entertainment, Ringling's parent company, replied that the elephants were not abused and were, in fact, loved by their trainers.

If Sullivan had found a violation of the Endangered Species Act, Ringling Bros. would have had to stop the practices in question or obtain an exemption from the Interior Department.

Instead, the judge ruled that Rider, a former animal trainer, did not prove he had a strong attachment to the animals, a requirement under the law. The judge also questioned Rider's credibility, noting that he had been paid tens of thousands of dollars by API and other animal rights groups over the years.

"The court finds that Mr. Rider is essentially a paid plaintiff and fact witness who is not credible, and therefore affords no weight to his testimony," Sullivan wrote.

The judge found that API did not have standing on more technical legal grounds.

"We are disappointed that the judge dismissed the suit without considering the merits," said Adam Roberts, executive vice president of API.

API was joined in the suit by the American Society for the Prevention of Cruelty to Animals, the Animal Welfare Institute and the Fund for Animals. Because API does not have standing under Sullivan's ruling, the other groups also cannot press the matter.

9 comments:

Mireille. said...

Fantastic... Great...
Just came back from seeing the new Blue Unit.2010.... and it is very Good.. You will like it.realy nicely done by the 2 Girls... they are comimg alone fine,and Great...
sincerely Mireille Theron Arnosi...

Anonymous said...

Looks to me from the papers that there "good ol boy " rider was the death of their case - and the judge saw right thru all there BS !!

Here is the ruling up on tge feld site
http://www.ringlingbrostrialinfo.com/uploadedFiles/FEI%20WIN.12.30.09.pdf

John Cooper said...

Let's consider this to be a great start to a new year!
May you all have a wonderful 2010, wherever you are.

Steve said...

A breath of sanity to end the year.

Best wishes to all for a safe and healthy 2010.

Anonymous said...

I must commend Mr. Feld for spending the money it took to defeat these USA based radical groups. Also, to all others like the Johnsons, the Byrds, Rosaires, Heidi Herriot Koch, to name just a few, and concerned circus fans such as David Orr, who fight for our way of life! I for one, appreciate your efforts, Erik Jaeger

John Goodall said...

A great victory for Kenneth and the entire Feld organization.

Frank Ferrante said...

What a GREAT way to start the New Year! I just watched the Circus Rosaire DVD and it's sad to think of how many fmilies are out of work because of these groups. ~frank

ingo said...

As a sealion trainer I'm very relieved that this Tom rider character has been exposed as a paid mouth. He's made a lot of money on the back of supposed animal welfare, and is currently flapping his jaws over here in Europe.

Brian Liddicoat said...

I,too, would like to add my congratulations and appreciation to Kenneth Feld and the entire organization for pursuing and winning this litigation. It is gratifying to know there is an audience and devotees of the industry who can band together in support of the greatest entertainment in the world, circus. Sincerely, Brian Liddicoat