Zoos

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Titlesort descending Summary
Rowley v. City of New Bedford This opinion concerns the City of New Bedford, Massachusetts' motion to dismiss plaintiff Rowley's (formerly plaintiff "Friends of Ruth & Emily, Inc.") citizen suit for injunction under the federal Endangered Species Act. Plaintiffs allege that two Asian Elephants, Ruth and Emily, were mistreated by the Buttonwood Park Zoo in New Bedford by chaining their legs, housing them in inadequate facilities, failing to provide proper socialization, and failing to provide adequate veterinary care, which gives rise to a "taking" under Section 9 of the ESA. Rowley claims that she is a member of the zoological society there and visits the elephants on a "near daily basis," resulting in “an aesthetic, emotional, and spiritual relationship with Ruth and Emily over the years.” The United States District Court for the District of Massachusetts asked both parties to brief on the issue of standing for the instant action. The court first noted that the ESA expressly authorizes citizen suits for injunctive relief. To survive a motion to dismiss, Rowley must, through facts, clearly demonstrate standing, and then the court must analyze those facts under a multi-pronged approach. To begin, the court distinguished cases that established the proper "animal nexus" for injury in fact with those that did not meet that finding. Here, Rowley's complaint established injury in fact because she lives in New Bedford, is a member of the Zoo's Zoological Society, and observes the elephants on a near daily basis. Rowley alleges that the maltreatment of Ruth and Emily injures this ability because she observes their ongoing suffering while in substandard captivity. The court was not persuaded by New Bedford's claim that Rowley has not established injury in fact because she has no specialized training in wildlife or animal welfare. In fact, this claim ignored precedent from this very circuit that "aesthetic injury" can be established by viewing animals in inhumane conditions. In addition, the court rejected New Bedford's "nonexistent requirement into the injury in fact analysis" that Rowley must have observed or will observe Asian elephants in their native habitats. As a result, the court found Rowley properly established injury in fact. As to the next requirement of causation, the court found that Rowley sufficiently alleged that the Zoo's actions caused the harm complained of for purposes of surviving a motion to dismiss. Finally, as to redressability, the court found that Rowley's request for a declaratory judgment as to the Zoo's treatment of Ruth and Emily, and an injunction prohibiting the Zoo from euthanizing the elephants met this prong. New Bedford's contention that Rowley's further suggestion of moving the elephants to a sanctuary in Tennessee impaired her redressability argument because Rowley did not propose how the cost of relocation would be funded was also rejected. At this stage, the court does not need to determine whether this solution is necessary or feasible. The District Court ultimately held that Rowley demonstrated sufficient standing to pursue her claims. Hence, New Bedford's motion to dismiss was denied.
Salzer v. King Kong Zoo The Plaintiffs appeal from an order granting dismissal of their complaint for lack of subject matter jurisdiction. In 2014, Plaintiffs filed a civil suit under North Carolina's anti-cruelty "citizen suit" provision, N.C. Gen.Stat. § 19A–1, against King Kong Zoo. Plaintiffs contended that the zoo kept animals in "grossly substandard" conditions. King Kong Zoo is an Animal Welfare Act (“AWA”) licensed exhibitor of wild and domestic animals. The district court granted Defendants' motion to dismiss for lack of subject matter jurisdiction, finding that the applicable law here is the AWA and “N.C. Gen.Stat. § 19A–1 ... has no application to licensed zoo operations.” On appeal, this Court found in a matter of first impression that the AWA does not expressly preempt claims under N.C. Gen.Stat. § 19A. Instead, the AWA "empowers Section 19A to work in conjunction with the AWA." The Court also found no conflict of law that would preclude bringing the action. The matter was reversed and remanded to the Cherokee County District Court for determination consistent with this opinion.
Sebek v. City of Seattle


Two Seattle taxpayers filed a taxpayer action lawsuit against the city of Seattle for violating Washington’s animal cruelty statute and Seattle’s animal cruelty ordinance with regard to a zoo’s elephant exhibit. After the lawsuit was dismissed by the King County Superior Court for lack of taxpayer standing, plaintiffs appealed the court’s decision. The appeals court affirmed the lower court’s decision because the plaintiffs’ complaint alleged the zoological society, not the city, acted illegally and because the operating agreement between the city and the zoological society made it clear that the zoological society, not the city, had exclusive control over the operations of the elephant exhibit. Significantly, the appeals court found that a city’s contractual funding obligations to a zoological society that  cares and owns an animal exhibit at a zoo is not enough to allege a city violated animal cruelty laws.
Solicitud de Atracción 249/2023. Caso Elefante Ely. Ciudad de Mexico
TOWARD A MORE APPROPRIATE JURISPRUDENCE REGARDING THE LEGAL STATUS OF ZOOS AND ZOO ANIMALS
TOWARD A MORE APPROPRIATE JURISPRUDENCE REGARDING THE LEGAL STATUS OF ZOOS AND ZOO ANIMALS
UK - Zoos - Zoo Licensing Act 1981


The Zoo Licensing Act 1981 is an Act to regulate by licence the conduct of zoos. The Act defines a zoo "[as] an establishment where wild animals are kept for exhibition to the public otherwise than for the purposes of a circus and otherwise than as a pet shop; and this Act applies to any zoo to which members of the public have access, with or without charge for admission, on more than seven days in any period of 12 consecutive months".
US - AWA - Animal Welfare Act The AWA is, in the main, a regulatory law that seeks to control who may possess or sell certain animals and the living conditions (for non-agricultural, domestic animals) under which the animals must be kept. The law provides for criminal penalties, civil penalties and revocation of permits for violations of the AWA.
Welfare Standards for Animals Used in Zoos and Exhibition
ZooCats, Inc. v. U.S. Dept. of Agriculture
This petition followed a final order of the Secretary of the United States Department of Agriculture (USDA) ordering ZooCats, Inc. to cease and desist from violating the Animal Welfare Act (AWA), and revoking ZooCats's animal exhibitor license. ZooCats argued on appeal that the Secretary erred in extending certain filing deadlines, erred in determining certain audio tapes were inadmissible evidence, and erred in determining that ZooCats did not qualify as a “research facility” under the AWA. Addressing each of these claims, the 5th Circuit held that the Administrative Law Judge had broad discretion to manage its docket to promote judicial economy, efficiency, and to protect the interests of the parties. The Sixth Circuit further found that even if the tapes were admissible, failure to admit the tapes would be a harmless error because there was substantial evidence in the record supporting the agency's determination that ZooCats wilfully violated the AWA. Finally, the 6th Circuit held ZooCats was not a research facility under the AWA because it had not researched, tested, or experimented in the almost ten years since it registered as a research facility. The 6th Circuit therefore denied Petitioner’s petition.

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