Breaking news - Ringling going to trial - FINALLY

August 24, 2007

They can't buy themselves out of this one! Ringling Elephant Case Heads for Trial Thursday August 23, 2007 11:46 PM By DAVID CRARY AP National Writer NEW YORK (AP) - After seven years of legal wrangling, a federal judge rejected efforts Thursday by America's foremost circus, Ringling Bros. and Barnum & Bailey, to derail a lawsuit alleging cruel treatment of its elephants. ``It's a fantastic result,'' said attorney Jon Lovvorn of the Humane Society of the United States, one of several animal welfare groups which have pressed the suit. He estimated a trial date would be set for early next year. Judge Emmet Sullivan of U.S. District Court in Washington issued a series of rulings on attorneys' fees, access to documents and other disputed matters. But the pivotal ruling concerned Ringling Bros.' contention that all of its 55 performing elephants were exempt from provisions of the Endangered Species Act that formed the basis of the allegations. Sullivan ruled that 21 of the younger elephants were exempt because they were born in captivity as part of Ringling Bros.' Florida-based breeding program. But he said the trial could proceed regarding the other 34 animals, which were in Ringling Bros.' possession when Asian elephants were included in the Endangered Species Act in 1976. ``The ruling dramatically narrowed the issues in the suit ... and validates the importance of our breeding program,'' said Stephen Payne, a spokesman for Ringling Bros.' parent company, Feld Entertainment Inc. ``We dispute all of the plaintiffs' allegations, regardless of the number of animals involved and stand by our animal care program,'' Payne added . The plaintiffs - which include the American Society for the Prevention of Cruelty to Animals and the Animal Welfare Institute - argue that circus life is inherently cruel to the elephants. They allege that the use of sharpened hooks by trainers, the routine use of chains, the separation of baby elephants from their mothers and other common circus practices add up to an egregious violation of the Endangered Species Act. The plaintiffs want a court order halting these practices, which the activists believe would force Ringling Bros. to give up elephants altogether. The circus has become more outspoken in defending itself since the suit was filed in 2000. Ringling Bros. calls sharp-ended bullhooks an accepted tool developed over centuries to control the animals humanely. Activists say

the implements - which resemble long fire pokers - often inflict wounds that leave scars. Government regulations permit use of chains. Ringling Bros. says elephants are chained in place at night to keep them from foraging their companions' food, and during train rides to prevent sudden weight shifts that might derail the freight car. ``We look forward to unveiling the curtain at trial to expose the suffering and death of elephants at the hands of the so-called 'Greatest Show on Earth,''' said Tracy Silverman, general Counsel for the Animal Welfare Institute. ``These magnificent animals will finally have their day in court.''

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