AR-News: L.A. Zoo Under Court Scrutiny

[Sue Blackmore]

LOS ANGELES ZOO UNDER COURT SCRUTINY
AS JUDGE PUTS SUMMARY JUDGEMENT
ON ICE IN ELEPHANT CASE
 
ZOO GIVEN SIX MONTHS TO PRODUCE PROGRESS REPORT
 
Los Angeles, CA ­ April 30, 2004 - The Humane Society of the United States
(HSUS) commends Los Angeles Superior Court Judge George H. Wu for refusing
to dismiss L.A. taxpayer Catherine Doyle's lawsuit against the Los Angeles
Zoo yesterday. Despite every attempt by the city attorney to discredit the
case concerning the controversial May 2003 transfer of Ruby the African
elephant from Los Angeles Zoo to Knoxville Zoo, the judge elected to
postpone his ruling on the City's Motion for Summary Judgment decision for
an additional six months, thereby retaining court jurisdiction over the
process of integrating Ruby into the Knoxville "herd" of three female
elephants.  
 
On loan to the Knoxville Zoo, 43 year-old Ruby remains the property of the
City of Los Angeles and its taxpayers, and L.A. Zoo officials have
previously pledged they would bring her back if she were unable to settle
into her new Tennessee home. It has been eleven months since she arrived at
Knoxville and she is still not integrated, living physically separated from
the herd. Wu's decision, and his order that the zoo produce an affirmative
progress report in six months concerning the status of the integration
efforts, keeps the zoo accountable to the court, which will continue to play
a role in Ruby's fate.
 
Doyle's attorneys, Terry Bird and Paul Chan of Bird, Marella, Boxer &
Wolpert, stated that the court's decision involves issues that are "unique
in terms of the nature of the public property involved -- a live elephant."
But they added that the ruling was "fully consistent with established
precedents about the use of public property, and, at least for the interim,
in Ruby's best interests."
 
Plaintiff Catherine Doyle declared, ³I'm gratified the judge has
acknowledged that the taxpayers of Los Angeles have a stake in the welfare
of the animals at the Los Angeles Zoo. It's just unfortunate that I've had
to take the zoo to court to try and make them do the right thing for Ruby²
 
Doyle¹s lawsuit, originally filed on May 1st 2003, was intended to prevent
Ruby from being transferred to Knoxville Zoo, separating her from Asian
elephant Gita, her companion of sixteen years.  But as a temporary
restraining order was awaiting ruling by a federal court judge, the Los
Angeles Zoo moved Ruby on May 25th 2003 in the middle of the night.
 
The Los Angeles Zoo had consistently asserted that Ruby needed to be with
other African elephants and that she would find social fulfillment as part
of the Knoxville Zoo herd where she would fit in easily and assume the role
of ³auntie² in their much touted, yet currently dormant breeding program.
Knoxville¹s failure to assimilate Ruby into her new family means that the
stated purpose of this contested move and the alleged benefits to Ruby have
not been met after almost one year.

³It¹s time for both zoos to admit it was a huge mistake,² says Gretchen
Wyler, VPHSUS Hollywood Office and a member of the LA Zoo¹s Animal Welfare
Committee. Wyler learned of the proposed move in October 2002 and, having
failed to convince the L.A. Zoo Board of Commissioners to abandon the plan,
she enlisted the help of local animal-protection groups, including Venice
Animal Allies Foundation, and started a campaign to keep Ruby and Gita
together at the L.A. Zoo. Adds Wyler, ³Although I was opposed to the move
from the beginning, all I ever wanted was for Ruby to have companionship, as
unfettered social and physical interaction are vital to a female elephant¹s
welfare.²

Wayne Pacelle, the newly elected President and CEO of The Humane Society of
the United States says he is proud of the Hollywood Office for doggedly
pursuing this effort. ³This trailblazing case has succeeded in drawing
public attention to the pervasive problem of captive elephants who find
themselves being moved like pawns from one dysfunctional herd of unrelated
elephants to another. If AZA accredited zoos are to continue to keep
elephants, they must do a lot more to improve the lives and social bonds of
these most social and intelligent of animals.²

The HSUS is the nation's largest animal protection organization with over
eight million members and constituents. The HSUS Hollywood Office is devoted
to raising public awareness of animal issues through the major media. The
HSUS is a mainstream voice for animals, with active programs in companion
animals, wildlife, animals in research and farm animals and sustainable
agriculture. For 50 years, The HSUS has protected all animals through
legislation, litigation, investigation, education, advocacy and field work.
The non-profit organization is based in Washington, DC and has 10 regional
offices across the country. For more information, visit The HSUS¹ Web site ­
www.hsus.org.