Cruelty-to-elephants case heads to trial

February 2, 2009 at 12:00a.m.

ASSOCIATED PRESS

After more than eight years of legal skirmishing, a trial is scheduled to open Wednesday in a lawsuit filed by animal welfare groups alleging that Ringling Bros. and Barnum & Bailey Circus routinely abuses its performing elephants.

The plaintiffs — including the American Society for the Prevention of Cruelty to Animals and the Animal Welfare Institute — allege that trainers’ use of sharp tools called bullhooks and the prolonged use of chains on the Asian elephants add up to an egregious violation of the federal Endangered Species Act.

They seek an order from U.S. District Court in Washington, D.C., halting these practices, which some activists hope would force Ringling Bros. to give up elephants altogether.

The nonjury trial before U.S. District Judge Emmet Sullivan is expected to last three weeks.

Ringling Bros. and its parent company, Feld Entertainment, have defended themselves aggressively since the suit was filed in 2000, contending their treatment of all circus animals is state-of-the-art.

Circus officials note that government regulations permit use of chains. They say the 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 their freight car.

The plaintiffs have asserted that Ringling Bros.’ own train records show the elephants are chained in railroad boxcars for an average of more than 26 straight hours, and often 60 to 70 hours at a time, when the circus travels.

The circus also defends the use of bullhooks, saying the sharp tools have been used for centuries in Asia to control elephants humanely. Activists say the implements — which resemble long fire pokers — often inflict wounds that leave scars.

Michelle Pardo, a lawyer for Feld Entertainment, said the defense will prove that the elephants “are healthy, alert and thriving.”