Tag Archives: Animal Legal Defense Fund

Lawsuit: Amusement park gives isolated chimp cigarettes, soft drinks

An animal rights group is suing to get a chimpanzee named Candy out of an amusement park where, it says, she smokes cigarettes and is given soft drinks instead of water.

Candy is isolated in an inadequate cage at the Baton Rouge park, and should be moved to a sanctuary, according to the federal suit filed in Baton Rouge by the Animal Legal Defense Fund.

“Defendants have for decades allowed members of the general public to throw items into Candy’s cage, including lit cigarettes that Candy smokes. Just as with humans, cigarette smoking is very harmful for chimpanzees,” and letting her smoke violates the Endangered Species Act, the suit states.

The lawsuit is the first filed under a new federal rule that requires captive chimps get the same protection as wild chimps, said Carter Dillard, the group’s attorney. That rule, which was made public in June and took effect Sept. 14, changes captive chimps’ classification from threatened to endangered, the same classification as wild chimpanzees.

Jennifer Treadway-Morris, attorney for park owner Sam Haynes, said she had not had time to read the lawsuit. However, she said, government agencies such as the U.S. Fish and Wildlife Service cannot make rules retroactive.

She also cited a letter from a veterinarian stating that an attempt to retire Candy to the Baton Rouge Zoo failed.

“She was returned because she couldn’t adjust and couldn’t assimilate,” Treadway-Morris said. “It seems that if they want her to have company, she doesn’t want it.”

The animal rights group said it went to court for Cathy Breaux, 62, and Holly Reynolds, 96, who have campaigned for decades to get Candy moved from the Dixie Landin’ park and its predecessor.

“Cathy and Holly remain upset, distressed and concerned that Candy is isolated throughout the day, deprived of companionship with other chimpanzees, and insufficiently stimulated in her empty cage,” the lawsuit states.

It said the women have seen visitors throw lit cigarettes into Candy’s cage for the chimp to smoke.

City animal control officials cited the park in 2012 for not providing water for Candy, according to the suit.

“Defendants provide Candy exclusively with Coca-Cola instead, claiming that Candy does not like water. However, Candy has readily accepted and drunk water offered to her by visiting experts. Water, not Coca-Cola, is an essential requirement for chimpanzees,” according to the suit.

Law banning secret filming of animal abuse ruled unconstitutional

A federal judge ruled that Idaho’s law banning secret filming of animal abuse at agricultural facilities is unconstitutional, giving animal rights activists across the country hope that the decision will pave the way to overturn similar laws — known as “ag gag” laws — in other states.

U.S. Judge Court Judge B. Lynn Winmill found that the law violates the First Amendment.

“Audio and visual evidence is a uniquely persuasive means of conveying a message, and it can vindicate an undercover investigator or whistleblower who is otherwise disbelieved or ignored,” Winmill wrote in his 29-page ruling. “Prohibiting undercover investigators or whistleblowers from recording an agricultural facility’s operations inevitably suppresses a key type of speech because it limits the information that might later be published or broadcast.”

A coalition of animal activists, civil rights groups and media organizations sued the state more than a year ago, opposing the ag gag’ law. The coalition said the law curtailed freedom of speech and made gathering proof of animal abuse a crime with a harsher punishment than the penalty for animal cruelty.

According to the law, people caught surreptitiously filming agricultural operations face up to a year in jail and a $5,000 fine. By comparison, a first animal cruelty offense in Idaho is punishable by up to six months in jail and a fine of up to $5,000. A second offense within 10 years of the first conviction carries a penalty of up to nine months in jail and a fine up to $7,000.

The ruling is the first in the country to deem an anti-dairy spying law unconstitutional, said Mathew Liebman of the Animal Legal Defense Fund, one of the lead attorneys on the Idaho case.

The only other similar lawsuit is in Utah, but more are likely to come after Monday’s decision, he said. Currently, eight other states have passed some sort of law against such surreptitious filming, even though many more have been introduced in state legislatures.

Wisconsin Republicans have said they plan to introduce an ag gag law here, but have yet to do so. The proposal has met with heavy backlash from the public.

“This decision vindicates the public’s rights to know how animals are treated before they become meat,” Liebman said.

Idaho lawmakers approved the law in 2014 after the state’s $2.5 billion dairy industry complained that videos of cows being abused at a southern Idaho dairy filmed in 2012 unfairly hurt their business.

The Los Angeles-based animal rights group Mercy For Animals released the videos, which showed workers at Bettencourt Dairy beating, stomping and otherwise abusing cows in 2012.

“Idaho’s lawmakers should be ashamed of wasting precious time and valuable resources enacting unconstitutional laws that threaten animal welfare, food safety, workers’ rights, and the environment,” Nathan Runkle, president of Mercy For Animals, the animal rights group that released the 2012 footage, said in a statement.

Many lawmakers argued the law was needed to protect private property owners’ rights. However, Winmill countered that there are already state and federal laws on the books that protect private property against theft, fraud and trespass.

State Sen. Jim Patrick, R-Twin Falls, who first introduced the legislation, argued back in 2014 that “This is the way you combat your enemies.” During a legislative hearing, he compared undercover investigators to terrorists and called them “marauding” invaders who use ruthless tactics to submit their foes into submission.

Patrick told The Associated Press on Monday that he was disappointed in the ruling and was still considering options on how to best move forward.

Attorney General Lawrence Wasden’s office declined comment. Spokesman Todd Dvorak said the office was reviewing the ruling.