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PETA Sues USDA for Withholding Public Records From Circus Investigations

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Agency Fails to Prosecute Ringling After Finding Egregious Violations of Animal Welfare Act, Including Avoidable Animal Deaths

For Immediate Release:
April 27, 2011

Contact:
David Perle 202-483-7382  

Washington — PETA filed a lawsuit today in the U.S. District Court for the District of Columbia against the U.S. Department of Agriculture (USDA) for failure to hand over documents under the Freedom of Information Act. The documents pertain to three separate investigations into violations of the Animal Welfare Act (AWA) by Ringling Bros. and Barnum & Bailey Circus—including some violations that the USDA itself called "egregious." The cases, which involve the deaths of two young animals and the videotaped beating of another, all within a five-week span, were closed with no action taken—even after PETA provided details of AWA violations and the USDA's enforcement arm recommended fines of up to $11,825. PETA has called for the USDA to reopen all three cases for immediate prosecution after the agency closed the cases citing the statute of limitations. PETA's counsel enumerates the legal reasons why the statute of limitations doesn't apply in these cases, including Ringling's concealment of evidence and refusal to honor a subpoena.

"By ignoring its own investigators' recommendations for prosecution, the USDA has ignored Ringling's violations of federal law," says PETA President Ingrid E. Newkirk. "Ringling must be held accountable and so must the U.S. government, which has a legal mandate to protect animals."

The USDA took no enforcement action in any of the following three cases:

  • Clyde, a healthy, young lion, was confined to a boxcar as Ringling's train crossed the Mohave Desert in more than 100-degree heat. The lion died from heat exhaustion.
  • Riccardo, an 8-month-old elephant, broke both of his hind legs when he fell from a pedestal while being trained with the use of a bullhook. He had to be euthanized because of his severe injuries.
  • A Ringling handler was captured on videotape violently beating a young elephant named Angelica while she was chained by two legs. USDA investigators recommended an $11,000 fine, but again, no enforcement action was taken.

For more information, please visit PETA's website RinglingBeatsAnimals.com.


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