http://www.elephants.com/news/sanctuarynews.php
Judge Allows Elephants’ Move to Hugo
By Sara Stanglin
The Paris News
June 23, 2005
HUGO, Okla. — A federal judge has cleared the way for four elephants to come to The Endangered Ark, a non-profit foundation.
However, an appeal being considered by an animal rights group known for its publicity-generating stunts could be forthcoming.
U.S. District Judge Paul L. Friedman ruled Tuesday that People for the Ethical Treatment of Animals has no legal standing to intervene in the move, which has not yet been scheduled.
The Endangered Ark is a foundation founded in 1993 by the late circus legend D.R. Miller and his family to preserve endangered Asian elephants. In addition to supporting existing animal refuge areas, The Endangered Ark attempts to “acquire and save threatened and endangered animals,” according to its Web site.
“It (The Endangered Ark) is by no stretch of the imagination a sanctuary,” Debbie Leahy, PETA’s director of captive animals and entertainment issues, claimed Tuesday. PETA has not decided if the group will appeal the judge’s decision, she said.
“We’re sorry they don’t approve of our facility,” said Barbara Byrd, owner of the Carson & Barnes Circus, which operates The Endangered Ark. “We’re anxious to prove them wrong.”
Located on several hundred acres adjacent to the winter home of the Carson & Barnes Circus, The Endangered Ark includes facilities for the animals as well as breeding facilities, a library, petting menagerie, tourist infrastructure and a learning center. It also includes research and development offices for the preservation effort. Although the foundation’s emphasis has been on elephants, its mission is not restricted. Protection for other species is included.
However, PETA doesn’t like the foundation’s ties to the circus, and upon learning in May of plans to transfer a dozen elephants from a Hawthorn Corp. circus-training facility in Illinois filed suit against the U.S. Department of Agriculture seeking a temporary restraining order to block the transfer.
Hawthorn Corp. is negotiating to transfer seven female elephants to the Elephant Sanctuary in Hohenwald, Tenn., and is looking for somewhere to place the herd’s sole bull elephant. The remaining four elephants are scheduled to come to Hugo.
PETA has charged that moving the elephants to The Endangered Ark is tantamount to giving them to the circus, claiming the animals would continue to suffer from the abuse of the circus industry.
Leahy said that at Carson & Barnes the elephants would be subjected to pain and punishment, and she claims The Endangered Ark wants the elephants because they are of the right age to be used in the organization’s breeding program.
Byrd dismisses the animal rights group’s claims, noting the foundation is dedicated to the controlled breeding, life, welfare and longevity of various endangered species.
“We’re really excited about the judge’s ruling, and we can’t wait for them to get here,” Byrd said Wednesday. “We know they’re really sweet animals. We’ve talked to the people donating the elephants, and we think they will be a joy to have in our facility. We’ll give them a really good home in which to live out the rest of their lives.”
Derek Shaffer is the attorney representing the animal’s owner, Hawthorn Corp.
“We’re very happy for these elephants,” Shaffer told The Chicago Tribune on Tuesday. “We care deeply about them....”
The USDA charged in 2003 that Hawthorn Corp. was failing to properly care for the elephants. In exchange for being allowed to keep tigers, owner John Cuneo agreed in March 2004 to give up the herd of elephants. At that time Hawthorn Corp. began searching for a suitable home for the animals.
The transfer of four elephants to Oklahoma was scheduled to take place earlier this month, but the animals were held in Illinois until the dispute could be settled. No plans for the transfer had been made Wednesday.