10-27-08
Citizen Concern about the White Tiger exhibit by Zoo Dynamics (out of Texas) at the Neewollah event in Independence, KS in October, 2008
On Saturday, October 25th, 2008, while walking around downtown during Neewollah with my husband, we noticed signs that said “White Tigers” and had arrows to show where they were located. We went to the area only to see an exhibit set up in the middle of a crowded street behind a bright orange tarp. I heard one young lady come out saying…”Wow, we got sooo close. I got to feed them.” She added that she got her picture taken feeding them.
I was shocked. I knew that there were laws against public contact with exotic animals in Kansas since Governor Kathleen Sebelius signed SB 578 into law on April 17th, 2006. This law is very clear that there is to be “no public contact”. There are portions of this law that are specific to size and strength of cages, and outer safety barriers that are not to be reached through or gone around to get closer to the caged animal. These are specifically to prevent public contact thus further preventing a tragic accident of someone getting hurt or killed.
There are also sections of this law addressing having a microchip inserted in the animal for tracking purposes should one escape. This is to expedite relocating the animal. Other sections pertain to having a plan of action, should an escape or attack occur. Senator Umbarger was very instrumental in helping get this law into the legislative process after the death of our daughter Haley Hilderbrand…so that this could not happen again.
Needless to say, I paid $3.00 to get a closer look at what exactly was happening beyond the orange tarps. I asked about taking pictures and was told I could take all I wanted. I was very nervous to go in there, uncertain of what I would see, but knowing at the same time, I had an obligation and duty to find out. I have pictures showing close public contact, the poor cage and flimsy outer barrier.
There were two large, white tigers in a cage. One of them was lying down, squinting in the bright sun. The other was pacing back and forth. I was not unable to tell if this cage enclosure had a bottom; nor, how it was secured. I do know that the front outer barrier was only about 3, possibly 4 feet from the actual cage that the tigers were housed in. It was only about 3 feet tall. I do not believe this is what it should be, according to the law. The whole time I was in there, children and adults were leaning on and putting their legs through the outer barrier. It was flimsy and movable and could have easily been knocked over.
There was a lady with two little girls, about 6 to 8 years old. They were escorted to the West end of the cage. There, the outer barrier was barely one foot from the cage. The little girls were allowed to hold tongs that had a piece of (what looked like chicken) meat and reach over or through the outer barrier to reach into the cage to feed the tiger. And, no one was paying attention.
I was appalled….No one was paying attention…As the girls each reached sort of behind themselves, not looking where they were reaching the “handler” was looking through the camera to take the picture and the mother was also taking pictures…No one was paying attention to how far either child reached or “where” they were reaching for that matter.
At one point, the hungry tiger had his teeth around a couple of sections of the wire cage and his paw up there as well…and again, NO ONE WAS PAYING ATTENTION!
If the tiger had gotten a good grip on the tongs, or the girl reached a little too far…it would have been too late for the “handler” or the mom to react. These girls were small enough that most if not all of their arm would have been in the tigers’ mouth before anyone would have even known how it happened.
As addressed in an email from Mr. Ken Lockwood (a man very experienced with the care and exhibiting laws pertaining to big cats) “you can do this a thousand times and not have a problem, but the thousandth and one, it can happen.” Additionally, he says that there is NO NEED FOR PUBLIC CONTACT to teach the about big cats.
This particular tiger was pacing back and forth the whole time I was in there; which was approximately 20 minutes. I have seen on several web sites that teach about big cats that pacing is a sign of distress and anxiety for a tiger. He was also, I am sure, frustrated with the minimal, sporadic feeding he was getting.
My husband Randy and I went to inform the Independence Chief of Police, Ken Parker. Mr. Parker stated, “It’s a Neewollah thing.” We informed him about the Law. He basically said the same thing. He wasn’t going to do anything about it. We then called the Montgomery County Sheriff’s office. We were told an officer would call us back.
We saw a couple of police officers from Coffeyville, Mr. Vargas and Mr. Parker. We spoke to Mr. Vargas who told us to keep going up with the complaint (above the Independence Chief of Police)…That he could do nothing; it was out of his jurisdiction since he was from out of town. The Coffeyville officers were here during Neewollah to help keep law and order with the larger crowd. Is that the same response given if someone was being robbed!
After two hours, we called back to the Sheriffs’ office. They had Deputy Payne speak to us. He checked into our concern and said that the Independence City Attorney, Mr. Jeff Gettler, approved the exhibit. There wasn’t anything he could do about it. We told him about the laws in Kansas as well.
Not one of these gentlemen we spoke to knew anything about this law. Looks like they took the word of Zoo Dynamics representative (and I believe, owner) Marcus Cook, who has quite a questionable reputation at best. Even after we got a copy of the law and showed them, they did not seem interested in doing anything or looking into it any further. The law does state that “local law enforcement has authority…” None of the local law enforcement seemed interested in the LAW.
Somewhere along the line, we were told that this exhibit was approved or licensed. By whom? There were no licenses visibly posted so the public could see them (this is required by law). We were told this exhibit was part of a carnival or road show and was exempt from the law. No circus or carnival permit was visible either…Neither of these licenses or permits would allow public contact.
Well, as a concerned citizen, this only made my concerns greater…This is the biggest PASSING THE BUCK I have ever seen…..BOTTOM LINE….There is to be NO PUBLIC CONTACT… NO EXHIBIT is EXEMPT FROM that part of the law. If I understand anything about the law…especially as I followed this law taking effect, the STRICTEST LAW is what must be upheld…whether Federal, State or Local
PUBLIC WAS ALLOWED CONTACT BY FEEDING THE TIGERS
THERE WAS NOT ADEQUATE SECURE OUTER BARRIER
PUBLIC WAS ALLOWED PAST THE OUTER BARRIER
This terrifies me…the public is lead to believe that this type thing is SAFE…It is NOT.
I want to see this investigated. By all of these public service departments….Please do not pass the buck again…Mr. Gettler stated in an email to me that the Neewollah Board of Directors would have no further response because Neewollah is over and the exhibit is gone. Just because Neewollah is over does not mean the responsibility to shut down an illegal exhibit is…An exhibit he and the Neewollah Board of Directors allowed to be here…without knowing the laws that pertain to such an exhibit.
So, you didn’t know the law…Look it up, learn it and make sure it is upheld and not taken for granted again. I believe if you want to protect the reputation of Neewollah, it is the civic duty of each board member to look into this…Next time, it could be tragic.
This law of the State of Kansas is not the only entity governing what is allowed. There is the USDA, Wildlife and Parks, the Animal Welfare Act, the American Zoological Association. All of these have rules, regulations and guidelines; none of these is above state or local laws.
I understand that this group, Zoo Dynamics, call themselves a carnival or road show. Even these are not to allow public contact. Even these are to have proper cages and outer barriers in place so the public cannot get to the cage where the animals are housed.
As was suggested by Ms. Ann Crow, the President of Neewollah Board of Directors, perhaps she should have gone to see this White Tiger exhibit to see how close the public actually got. Perhaps she should have checkout the company Zoo Dynamics to see their reputation of name changes, animal attacks on the public and inhumane treatment of their animals.
I would like to see Zoo Dynamics license or permits to be a carnival or road show or whatever they call themselves now. I would like to see the license for the “handler(s)”. I believe this was offered by Mr.Gettler and Ms. Crow. I will make my fax number available.
There was near bragging in an email about how classy and legal the exhibits for Neewollah are. I do not believe that in the least. Not when something like this can occur a mere county away from where a young girl was killed by a tiger and where, as a result of that tragedy, there are laws in place that are not supposed to allow this.
Does Independence want Neewollah shut down because someone is attacked by a tiger!
Did the person(s) who approved this exhibit even look at the law pertaining to this? Did they actually see a license? Do they know they are to be USDA approved? Do you know the limits of USDA approval or license? Do you understand that even a license does not put an exhibitor above the law? These are questions that should get an answer.
Had the exhibit been checked out as suggested in emails from Neewollah President of the Board of Directors, Anne they would have seen for themselves that the public was allowed to be too close to these dangerous, wild animals.
Also suggested in an email from Marty Reichenberger, 2008 Generalissimo of Neewollah, that efforts be directed at a level where “something can actually be done”. That is exactly the intention of this letter of concern. As you can see, this letter is being sent to several groups who all have the ability to do something about this.
The problem is not the so called carnival…These type groups know the law, too and they know most folks don’t, so they find a way to worm around to get past the law. My hope is that those who do have the “ability to do something” about this will…
These laws are not to prevent big cats from being shown but to make sure they are shown regarding the safety of the animal and for the PROTECTION of the PUBLIC in the process.
This letter is not to prevent big cats from being show either, but to ensure it is done safely within the law. It is to shut down the ignorance of so many who profess to uphold the law, yet when it is right under their noses, refuse to do just that. And to make all aware that there are groups like Zoo Dynamics out there who seem to have all the “permits” and “licenses”, but that is not enough to ensure that they follow the law.
Thank you each and every one for taking the time to hear my concerns for the citizens of Montgomery County, Kansas, the United States and the whole world for that matter… I give permission for anyone who this letter reaches to pass it on to whomever they know who is involved with laws supporting protection of big cats and the public who wish to view them safely to PASS THIS ON…
Kindly,
Laura Hilderbrand
307 E. 10th Street
Coffeyville, KS 67337
620-251-9258
CC:
Honorable Governor of the State of Kansas, Kathleen Sebelius
US Senator Sam Brownback
US Senator Pat Roberts
US Representative Todd Tiahart
Senator Dwayne Umbarger
Representative Virgil Peck
US Department of Agriculture
Animal Welfare Association
International Fund for Animal Welfare
Ken Parker, Independence Chief of Police
Stan Veach, Montgomery County Sheriff
Jeff Gettler, Independence City Attorney
Ann Crow, President of the Board of Directors for Neewollah, Inc
Marty Reichenberger, 2008 Generalissimo of Neewollah, Inc
They could have told the authorities that this was a declawed animal that had never associated killing with eating. They could have called out to the disoriented, starving animal who had known only them as his providers for his whole life. They could have provided valuable insight into the animal's habits and possibly coaxed the animal into a familiar transport. After nine days of being lost and hungry he might have given up his freedom for security. They could have pled for his life. Could a sharp shooter pull the trigger so quickly if they knew the cat's name or knew that there was some tearful owner standing by who would take him home?
The owners could have been fined $500.00 for the escape and saving the money and saving their reputation was more important to them than saving the cat they had bottle raised from a cub. Who would support them with their donations if they knew that the "sanctuary" owners had released a big cat because they didn't want him any more? Coming forward would have been bad for business and in most cases that is all it means to exotic owners; a way to get paid to play with dangerous animals that most people aren't allowed to have. It is an industry of greed and ego masked as a charity in many cases of unaccredited pseudo sanctuaries.
More than 10,000 tigers are thought to be in the hands of private owners across our country. No one knows exactly how many, nor where they are because there is very little regulation requiring notification. They often hail themselves as rescuers and heroes and educators, but when they fall on hard times the animals pay the price.. in this case, the ultimate price.
Even in the best of circumstances these captive animals are paying a price that is far too high. They are born and bred for life in cages, so that we can thrill at their beauty and majesty. They live out 10-20 years of abject boredom, confined to areas that amount to little more than a jail cell; all for crimes that they never committed.
This tiger died free.
We are a nation of people who were rallied to action by the words, "Give me liberty or give me death!" Over the centuries we have fought for. and killed for freedom. It is so important to us that we invade other countries and fight for their freedom as well. Our deterrent to crime is a sentence of confinement. When it is imposed on humans we call it jail, when we impose it on animals we call it a zoo, a "sanctuary", a cage, an ark for the future.but by whatever name you call it, the fact remains that it is imposed deprivation. We do this to animals that we proclaim to love.
Imagine what it might have been like to be this tiger: You have spent your entire life in a 10 foot square room that is barren and devoid of any plant life because you are so enormous, in such a small area, as to crush the life out of every blade of grass. Your water dish is covered in a layer of scum in the summer or a layer of ice in the winter. You have eaten the same meal every day for the past four years and it isn't something that you ever would have chosen to eat had you been free to choose. When times were bad for your owner you may not have eaten for days on end and all you could do was sit there and cry out to the wind because no one could hear you.
Because of the lack of nutrition and exercise you suffer excruciating pain due to your paper shell bones and aching joints. Your teeth have broken and have exposed roots from a lack of calcium and from you chewing on the bars of your cage in a feeble attempt to escape. Your declawed, butchered feet, often with bones protruding through the surface, ache from your constant pacing. Deep inside you know that you were meant to roam free, to be the king of beasts, but that seems like an unreal dream because you don't know anything of the world outside your little cell. You roar out, with a powerful and fearful sound that can be heard 5 miles away, but no one calls back. No one tells you that you aren't alone in the world.
One day your world changes. The door is opened and you think that someone has finally called for your amnesty. At first you just cannot believe your good fortune. There is soft grass beneath your feet for the first time ever. You see sights that you could only imagine before, like the tranquility of the mountains as dusk settles in, like the beauty of a sunrise over the water or just the unimaginable freedom of the coyotes and cougars and bobcats. The ecstasy of the first couple of days over powers the pangs of hunger. You were designed to roam and defend a 400 square mile territory and in nine days your mangled feet have carried you almost 30 miles.
The only food you have ever known was a pile of bloody, fatty mush. You haven't seen anything resembling what you know as food and a 425 pound tiger does have to eat. Instincts from thousands of years are coursing through your veins, but because you never knew your mother, and she never had the three years to devote to your training, you have no idea how to feed yourself. You are weak from hunger, dehydration and more exercise than you have had in your entire life now. The people who had pulled you from your mother's soft, warm, nursing belly and force fed you so that you would depend on them are no where to be found.
Until now you have avoided humans because you wanted to savor every moment of this exhilarating freedom. But now they are coming to you. You see them stalking you through the brush and hear the roars of the helicopters and ATV's. You would like to think that they are coming to bring you something to eat, but you sense the tension in the air. You know that they are afraid of you. If you walk toward them they will shoot, if you turn and run, they will shoot. So you just stand still. and still they shoot.
As you are gasping for air and feel the life blood running from searing bullet holes through your body, what scenes would flash before your eyes? Being torn from your mother. Being handled by countless people who were paying to have their photos taken holding you as a cute little cub. Being forced to perform in a circus act or for some commercial. The monotony of thousands of days from inside your little cage. The hot days with no shade or the cold nights with no way to shield yourself from the blowing snow and rain.
This is all that most captive cats could revisit in those last moments before death, but at least this tiger had a couple of days to add to his experience; a few precious days of what it felt like to be free.
It is easy to be angry at the people involved in this sad situation in California last month but we need to look at how we are promoting this sort of abuse by our actions and more commonly our inaction. Buying products that use animals in their commercials or testing helps to promote this very industry. Two Brothers may have had a nice message, but it used 30 tigers for the film. Where are those cats now? As long as zoos sell or give their animals to brokers who sell them to these road side menageries your support of the zoo is supporting this misery. If you shake your head and say, "What a shame!" and do nothing, you are just as guilty of this tiger's blood.
We
have made it so easy to contact your representatives in government that there
is absolutely no excuse for inaction. By entering your zip code you find your
senators, state representatives, the USDA, and the press in your area. With
simple forms to fill in your name and address you can click to send pre-written
letters or you can add your own thoughts. There is legislation pending that
can curb the abuse. Some of it has failed six years in a row because not enough
people cared to speak up. Visit our site at: CatLaws.com and
see how you can really make a difference with just a few mouse clicks. Don't
let this tiger die in vain.
The top photo was the un named tiger who was shot in CA in 2005. Federal authorities said charges were filed relating to the possession of exotic cats by Gert "Abby" Hedengran and his wife, Roena "Emma" Hedengran, owners of Wild World/Tiger Creek Foundation, in the escape and death of Tuffy the tiger. They have denied all responsibility.
Read Big Cat Rescue's Daily Updates on Wildcats in the Wild at Field Projects
Twenty servals, caracals, Canada and Siberian Lynx ended up in this shelter. Click on the image to see the slideshow.
Judge questions whether charges should be heard in criminal court
By Jean Ortiz, jortiz@VenturaCountyStar.com
September 16, 2006
A federal court case involving a former Tierra Rejada Valley couple accused
of owning an escaped tiger that was shot and killed in Moorpark last year has
hit another snag.
U.S. District Judge George H. King has thrown out the recently submitted signed
plea agreements of the alleged owners of the tiger, Gert "Abby" Hedengran and
Roena "Emma" Hedengran, until a prosecution issue is resolved.
King questions whether some of the charges the couple face are violations of
criminal statutes or more properly heard as regulatory violations, according
to court records.
Abby Hedengran had agreed to plead guilty to six counts, including four misdemeanor
charges for transporting exotic cats in enclosures of "insufficient structural
strength" and in a manner that could cause them harm; exhibiti
ng exotic cats without a license; and keeping the animals in facilities that
couldn't prevent their escape, according to court records summarizing the plea
agreements submitted Aug. 21. The remaining charges, according to the complaint,
are felonies: making a false statement to a federal authority, obstruction
of justice and witness tampering.
Emma Hedengran had agreed to plead guilty to the same misdemeanor charges minus
the exhibiting without a license charge.
King has called into question only the misdemeanor charges and suggests that
they could be violations of administrative rules, subject to an administrative
hearing before the Department of Agriculture. If so, punishment would be in
the form of fines rather than prison time. It does not affect the felony charges
Abby Hedengran faces, which are still intact, nor indicate the case could be
thrown out.
"It's better to figure it out now than it is to convict them and then find
out later through the appellate process at the U.S. Court of Appeals that this
was never a crime and have the convictions reversed," said Alfred Vargas, a
Ventura lawyer not connected with the case but familiar with federal court
proceedings.
The matter is not unusual, but merely an area of untested law, he said.
Laurie Levenson, a Loyola Law School professor and former federal prosecutor,
agreed, saying it's always good when there is thorough consideration of a case.
"It's an indication that they're a bit in uncharted territory and they want
to make sure they are on the right track," she said.
The couple were to appear in court Sept. 5 for the change of plea hearing,
but that was pushed off pending resolution of this latest issue.
Lawyers have until Sept. 25 to submit briefs arguing whether the couple violated
the criminal code or administrative rules.
The Hedengrans were at the center of controversy during a weeklong search for
the exotic cat in February 2005. The 352-pound tiger was found in a city park
and shot and killed by wildlife officials out of concern for public safety.
Authorities alleged the animal belonged to the couple, who had recently moved
to the area with nearly two dozen exotic cats, and that the animal escaped
two weeks before the search began. A ranch worker's sighting prompted the search.
The couple now live in Nevada.
Assistant U.S. Attorney Joseph Johns, the prosecutor in the case, did not return
repeated calls seeking comment.
Janet Sherman, who represents Emma Hedengran in the case, declined comment.
Kimberly Savo, Abby Hedengran's lawyer, was unavailable for comment.
When the couple were initially charged in March 2005, Abby Hedengran faced
as much as 60 years in federal prison, while Emma Hedengran faced a maximum
10-year federal prison sentence.
http://www.venturacountystar.com/vcs/co_valley/article/
Check for yourself to see if they meet the sanctuary standards for an accredited animal refuge. See an interactive online map of exotic cat owners . See people being stupid with big cats, endangering themselves and others HERE . See the awful conditions that many captive cats endure HERE .
USDA report HERE
John Cuneo giving away elephants and tigers
Elephants to leave McHenry County farm
Captive Wild Animal Protection Coalition http://www.chicagotribune.com/news /local/chi-040308elephants,1,1393532.story?coll=ch i-news-hed
Elephants to leave McHenry County farm
Elephants need new home (Tribune file photo)
March 8, 2004
Stories
Animal trainer faces hearing
March 8, 2004
By Jeff Long
Tribune staff reporter
Published March 8, 2004, 2:52 PM CST
The owner of a circus-training facility in rural McHenry County has agreed to find new homes for his elephants under an agreement with federal authorities, officials announced today.
The proposed agreement between John Cuneo, owner of Hawthorn Corp., and the U.S. Department of Agriculture would end the government's case against Cuneo and his company for dozens of alleged violations of the Animal Welfare Act concerning the elephants' care.
A USDA administrative law judge still must approve the settlement.
"( Cuneo ) will cooperate with the USDA in finding a new home for the elephants," said David Weintraub, a spokesman for Cuneo .
A hearing on the charges had been scheduled to begin today before an agency law judge in Washington D.C. That case proceeded today against one of the original defendants in the case, James G. Zajicek of Mesa , Ariz. , a trainer used by Cuneo .
While the charges against Cuneo and other defendants have not yet been dropped, USDA spokesman Jim Rogers said settlements either have been reached or are in the works. Those portions of the case are not proceeding in court.
Cuneo could not be reached for comment. He said last year he had 19 elephants at his farm near Richmond , along with a lion and 84 tigers.
Since then, at least one of the elephants has been seized by the USDA, which said poor health put the animal, Delhi , in "imminent danger."
Weintraub said Cuneo plans to give the elephants away rather than sell them. A decision on where they will go, the spokesman added, will be made after a judge approves the agreement with the USDA.
Neither Weintraub nor a USDA spokesman could say when a judge may rule nor when the elephants may leave the McHenry County farm.
Cuneo 's training facility will remain open, Weintraub said. The government's case did not affect the lion or the tigers.
Hawthorn's animals have performed in circuses across the U.S. and around the world. But in the last 10 years, the entity has become a target of USDA investigations and protests by animal rights groups alleging animal cruelty.
2004 Chicago Tribune
9819 N. Solon Rd.
Richmond, IL 60071
USDA License #33-C-0053
Hawthorn Corporation has failed to meet minimal federal standards for the care of animals used in exhibition as established in the Animal Welfare Act (AWA). The United States Department of Agriculture (USDA) has cited Hawthorn Corporation numerous times for failure to provide veterinary care, adequate shelter from the elements, and proper food and water, as well as failure to handle animals in a manner that prevents trauma and harm and ensures public safety. Hawthorn has accumulated $72,500 in USDA penalties and has twice had its license suspended. Four of Hawthorn's elephants died from a human strain of tuberculosis. In January 1997, Hawthorn's herd of 18 elephants was restricted from traveling during tuberculosis treatment. Hawthorn's elephants have rampaged, causing death, injury, and property damage. Hawthorn leases animals to facilities and circuses around the world, including Jordan World Circus, Circus Vargas, Shrine Circuses, Walker Bros. Circus, Royal Palace Circus, George Carden Circus, Hanneford Circus, Hamid Circus, Alain Zerbini, and Tarzan Zerbini. Contact PETA for documentation.
March 12, 2004: According to a consent decision, John Cuneo, president of Hawthorn Corporation, admitted to 19 violations of the federal Animal Welfare Act in order to settle charges filed by the USDA in April 2003. Cuneo was ordered to relinquish custody of 16 elephants to USDA-approved facilities and to pay a $200,000 fine
November 22, 2003: The USDA seized an elephant named Delhi from Hawthorn and transferred her to The Elephant Sanctuary in Tennessee after determining that she was in imminent danger from lack of veterinary care. Delhi had been suffering from abscesses, lesions, and severe chemical burns to her feet and was covered with scars. She was originally captured in India and acquired by Hawthorn in 1974. This was the first elephant confiscation in U.S. history.
April 9, 2003: The USDA filed charges against Hawthorn Corporation, several Hawthorn employees, and Walker Bros. Circus, which used Hawthorn's elephants. The complaint alleges 47 violations of the minimum standards of care established in the Animal Welfare Act that affected 12 elephants between March 29, 2001, and June 1, 2002. Charges include using physical abuse to train, handle, and work an elephant, causing physical harm and discomfort, failing to provide veterinary care to an emaciated elephant, failure to provide veterinary care to an elephant suffering with severe chemical burns and a bacterial infection, failure to provide veterinary care to several elephants with potentially deadly foot problems, and unsafe public contact.
March 5, 2003: According to The Edmonton Sun , a local Shrine Circus announced that it will no longer use animals from Hawthorn.
October 19, 2002: According to The Virginian-Pilot , an elephant handler with Sterling & Reid, David Creech, was convicted on three counts of animal cruelty (see September 4-5, 2002) and fined $200 on each count. The judge acquitted Creech, a Hawthorn employee, of a fourth count, which alleged that he struck an elephant over the head with a bullhook, because it was unclear from the eyewitness account which elephant trainer committed the act.
September 4-5, 2002: According to The Virginian-Pilot , an elephant handler with Sterling & Reid, David Creech, was charged with four counts of animal cruelty for beating an elephant until her hide was bloody while performing at the Norfolk Scope on August 23. The article stated, "An investigation by the officer and an outside veterinarian determined that the elephant suffered multiple lacerations."
The circus is leasing its elephant act from Hawthorn. Another elephant handler, James Zajicek, a Hawthorn employee, was arrested and charged with obstructing justice.
June 1, 2002: The USDA cited Hawthorn for failure to provide adequate veterinary treatment to three elephants held in the protected contact area and in need of foot care to prevent potentially deadly foot problems. Hawthorn was also cited for failure to correct a previously identified violation of not providing diagnostic test results for a dead lion and a dead tiger.
The inspector noted that 13 white tigers had been kept in transport cages since April 23, 2002, which failed to comply with minimum space requirements.
Lota was reported to weigh 7,200 pounds. The expert elephant veterinary consultant had determined that Lota should not be sent back on the road before reaching a weight of 7,400 pounds.
May 24, 2002: The USDA cited Hawthorn for failure to provide adequate veterinary care to the African elephants with hard, dry, cracked skin on the back, ears, and head and overgrown nails and cuticles, which can lead to potentially deadly foot problems. Hawthorn was also cited for failure to provide minimum space to its tigers and for allowing unauthorized persons near the tiger cages without a handler present.
May 16, 2002: The USDA cited Hawthorn for failure to provide adequate veterinary treatment to the elephants in the protected contact area and in need of foot care and for failure to provide diagnostic test results for a dead lion and a dead tiger.
May 4, 2002: The USDA cited Hawthorn for failure to provide adequate veterinary care to its elephants. The inspector wrote, "The owner of the Hawthorn Corporation failed to obtain the services ... of an expert elephant veterinarian ... as required. ... [The USDA] acquired the services of an expert elephant veterinary consultant who examined Delhi on this date." The USDA's elephant veterinary consultant found that Delhi had numerous lesions, a swollen tail, swollen front feet with skin damage and abscess blow-outs, abscess defects on the foot pads, and a huge split nail. The consultant recommended twice-daily foot soaks, weekly foot trims, monthly weight checks, oral medications, keeping detailed medical records, providing care for skin wounds, and allowing Delhi to go outside.
The veterinary consultant examined Lota and stated that she should not go on the road until she gained an additional 500 pounds and that the four elephants in the protected contact area--Frieda, Sue, Billy, and Nicholas--had nails and/or cuticles that required trimming.
April 23, 2002: The USDA cited Hawthorn for failure to provide veterinary care and for causing behavioral stress, physical harm, and unnecessary discomfort to an elephant named Delhi who had severe tissue damage to the front feet and several abscessed areas on her body, including areas on both hips, between the eyes, the anterior portion of the ear attachment, on her head, the elbows of both front legs, and the tail. Chemical burns on Delhi's feet were the result of the use by trainer John Caudill III--who was later fired--of undiluted formaldehyde to soak Delhi's feet. On March 4, 2002, Delhi was found "in a serious health emergency." Both of her front legs were twice their normal size and were swollen up to her chest. She could not bend her front legs at the elbows, was reluctant to bear weight on her front legs, and had difficulty in walking. The attending veterinarian did not respond in a timely manner. The inspector wrote, "The attending veterinarian cannot wait for two to three days before going to the premises to evaluate an acutely ill animal." The USDA determined that a USDA-chosen expert elephant veterinarian was needed to evaluate Delhi's condition.
The USDA also cited Hawthorn for failure to provide diagnostic records, treatment records, and necropsy reports for a tiger named Java and a lion named Bunda, failure to provide minimum space to 14 white tigers living in transport cages, and failure to have a sufficient number of adequately trained employees.
February 22, 2002: The USDA cited Hawthorn for failure to properly clean and sanitize the elephants' transport trailer.
January 2, 2002: According to a USDA letter, Hawthorn had been notified that elephants Debbie and Judy were prohibited from exhibition involving potential public contact following the October 2001 rampage in Charlotte, N.C.
December 19, 2001: The USDA cited Hawthorn for failure to maintain an elephant transport trailer in a manner to prevent injury to the animals.
October 27, 2001: Two Hawthorn elephants named Debbie and Judy rampaged at the Word of Life Church in Charlotte, N.C. Two church members were nearly trampled, and children had to be quickly ushered to safety. The elephants crashed into the church through a glass window, broke and buckled walls and door frames, and knocked a car 15 feet, causing an estimated $75,000 in damages. The elephants suffered cuts and bruises. Debbie had rampaged twice before with an elephant named Frieda while she was with the Clyde Beatty-Cole Bros. Circus. In May 1995, she smashed windows, dented cars, and crashed through a plate-glass window at a Sears Auto Center in Hanover, Pa., causing $20,000 in property damage. In July 1995, Debbie bolted from the circus tent in Queens, N.Y., crushing parked cars and triggering a panic that left 12 people injured.
October 11-15, 2001: The USDA cited Hawthorn for failure to correct previously identified violations of not providing veterinary care and not maintaining facilities.
An elephant named Lota had been returned to the Illinois compound two months earlier in an emaciated state, with a lump on her left hip . The property manager and trainer stated that they had never seen Lota so thin. The lump had expanded into a large, painful, fluid-filled abscess that extended down to her mid-thigh. Lota and four other elephants (Misty, Queenie, Minnie, and Lottie) were being given tuberculosis medication as a "preventative treatment." Lota and Misty were both in need of foot care. Lota had not been weighed since 1997. There were no veterinary care records for these animals.
The inspector found several bottles of medication, said to be used on the elephants, that had no labels identifying the contents, instructions for use, or expiration date.
Hawthorn was also cited for failure to maintain the structural strength of the elephant barn and improper food storage.
October 11, 2001: The USDA cited Hawthorn for failure to correct a previously identified violation of not providing veterinary care by an experienced veterinarian to elephants traveling with Walker Bros. Circus. The inspector wrote, "I spoke with the veterinarian ... that had examined the animals on 10/10/01. He stated that he was not sure about the proper treatment for the elephants because he did not have much experience [in] treating them."
October 5, 2001: The USDA cited Hawthorn for failure to correct previously identified violations of not providing veterinary care and security for its elephants traveling with Walker Bros. Circus.
Delhi had an open, draining, and bleeding wound on her nail with blood stains on and around the nail and foot. The area above the nail was swollen and warm to the touch. The cuticles on both of her front feet were "very overgrown." Delhi was limping in pain and favored her leg during the performance. There were no documents to indicate that a qualified person was providing foot care. Tess' left eye was very teary, and she was squinting; the trainer claimed that he had run out of an antibiotic ointment to treat her eye. Two bottles of expired medication were found by the inspector.
The inspector also observed that an experienced elephant handler was not present while the public came near elephants walking freely in a pen. The inspector returned later, after the report had been discussed with the licensee, and again found that the elephants were loose and unattended.
October 2, 2001: The USDA cited Hawthorn for failure to provide veterinary care to three elephants (Liz, Delhi, and Tess, traveling with Walker Bros. Circus) with overgrown nails and cuticles. Hawthorn was also cited for failure to have dangerous animals under the control of experienced handlers. The inspector observed parents and children approaching and petting elephants while no attendant was present.
Hawthorn was cited for failure to provide structurally sound enclosures. The inspector wrote, "[T]he elephants were inside an orange plastic mesh 'fence.' It was down in two places. ... [Local authorities] informed me that earlier in the day, at least one [elephant] was outside this enclosure. Two [elephants] were completely free from any restraint. ... A water hose was running water over an electrical cord. This area was able to be touched by both elephants and the public."
October 1, 2001: The Harlan County Society for Prevention of Cruelty to Animals in Kentucky lodged a complaint with a county judge after observing that Hawthorn elephants with Walker Bros. Circus had "numerous red and raw spots on their ears from being speared with the hook-like device the trainer uses. ... The traveling quarters for the animals were at best cramped and inadequate. And at no time did I see any water dish or clean food be provided for any of the ... elephants."
September 25, 2001: Hawthorn was cited for improper food storage.
July 11, 2001: Hawthorn was cited for failure to correct previously identified violations of not disposing of expired medications and not making necessary repairs to the barn.
Hawthorn was also cited for failure to provide adequate veterinary care to three elephants with excessively overgrown nails.
June 27, 2001: During an inspection conducted at Walker Bros. Circus, Hawthorn was cited for failure to provide adequate veterinary care to four elephants with "excessive pad and toenail overgrowth on their feet" and overgrown cuticles. The inspector wrote, "It does not appear that these animals have had proper foot care in a significant amount of time."
Hawthorn was cited for failure to provide adequate veterinary care to an elephant named Lota who was "excessively thin, with a protruding spine and hip bones." The inspector wrote, "It appears that she has lost a significant amount of weight."
The USDA cited Hawthorn for failure to have dangerous animals under the control of experienced handlers and failure to have adequate safety barriers. The inspector observed members of the public approaching the elephants and being loaded on an elephant for rides while no handler was present.
June 26, 2001: The USDA cited Hawthorn for physically abusing elephants. The inspector observed the handler gouge an elephant named Ronnie on the trunk with a bullhook, causing an open lesion, and a different handler was "observed raking the back of another elephant several times with his hook during the performance."
May 23, 2001: Hawthorn was cited for failure to provide records of acquisition. The inspector also noted that Misty had an abscess on her left front foot and that her feet were in need of trimming.
April 13, 2001: A letter to the editor published in the Chicago Sun-Times stated, "I escorted a group of schoolchildren, including my 8-year-old daughter, to this year's Medinah Shrine Circus. ... When the elephants were brought behind the curtain, the trainer began verbally abusing and hitting the elephant. We watched in horror as he swung a stick with all his force and struck the elephant in the back of the leg. This must have hurt because the elephant let out a scream that could be heard throughout the UIC Pavilion. The kids were frightened and asked me why the man was hurting the elephant."
According to documents from the city of Chicago, a cruelty to animals complaint was filed against trainer John Caudill, a Hawthorn employee. The elephants used at Medinah Shrine Circus were leased from Hawthorn.
March 29, 2001: Hawthorn was cited for failure to provide adequate veterinary care to an elephant named Delhi traveling with Walker Bros. Circus. Delhi had an injury on her left front foot. The inspector wrote, "The lesion is open and bleeding today and should be evaluated by a veterinarian."
March 1, 2001: The USDA cited Hawthorn for failure to correct a previously identified violation of not disposing of expired medications. Hawthorn was also cited for failure to maintain a tiger enclosure with an "extremely rusty shift door with sharp metal edges" and an "excessively chewed/clawed" wood partition. Hawthorn was cited for inadequate ventilation in a barn with "an extremely strong urine odor."
The inspector noted that a 12-year-old white male tiger named Neve died while being transported back to winter quarters and that a 6-year-old white female tiger named Java died in June 2000.
February 23, 2001: The USDA cited Hawthorn for failure to correct a previously identified violation of not repairing damages to a trailer used to transport tigers.
July 11, 2000: The USDA cited Hawthorn for failure to correct a previously identified violation of improper feeding of its tigers. Hawthorn was also cited for a trailer in disrepair.
June 6, 2000: The USDA cited Hawthorn for failure to dispose of expired medications, improper food storage, and failure to maintain the structural strength of a tiger enclosure with a rusted wall and sharp, exposed edges.
May 21, 2000: According to the Hanover Sun , Cuneo put a killer elephant named Freda back on tour with a traveling circus in defiance of a USDA directive that she posed an "unacceptable risk to public."
November 16, 1999: Hawthorn was cited for failure to maintain enclosures in a manner that protects the animals from injury and for storing moldy food.
August 18, 1999: The USDA cited Hawthorn for failure to have annual tuberculosis tests for the elephant handlers.
July 9, 1999: The USDA cited Hawthorn for failure to provide veterinary care to an elephant named Lota who had a "large open wound on the right hip area." The inspector wrote, "During the inspection the left side of the wound was weeping and bloody."
June 16, 1999: The USDA cited Hawthorn for failure to have a veterinarian-approved diet plan for the tigers, handle food in a manner that prevents contamination, and submit the required itinerary.
May 11, 1999: The USDA denied Hawthorn's request to use an elephant named Frieda in public exhibition, stating that she posed an "unacceptable risk to public, and therefore her own, safety." Frieda had rampaged several times while touring with Clyde Beatty-Cole Bros. Circus.
March 16, 1999: The USDA cited Hawthorn for failure to provide proper veterinary care . The inspector noted that a tiger was administered medication that had expired. Hawthorn was also cited for improper and moldy food storage.
November 26, 1998: In an interview, published in The Evansville Courier , with Hawthorn tiger trainer Othmar Vohringer, he recalled a serious attack: "A lion took my arm off. It was just hanging there. It had to be reattached."
November 12, 1998: Hawthorn was cited for failure to follow the veterinary care program .
May 18, 1998: The USDA cited Hawthorn for failure to provide veterinary care to a tiger named Bulba who was extremely thin. The inspector also found several outdated medications, improper and moldy food storage, and unsanitary housekeeping.
May 13-17, 1998: The USDA cited Hawthorn for failure to provide adequate veterinary care . An elephant had an accumulation of necrotic skin and abrasions. All elephants were in need of foot care, skin care, and exercise. The condition of the animals suggested that they had been housed in the transport trailer for an extended period of time.
The inspector observed blood and blood stains on an elephant's face and earflap.
The animals did not have access to water. When the inspector instructed the handler to offer water, two elephants drank continuously from a bucket for eight minutes and two others drank continuously for five minutes.
April 7, 1998: The USDA cited Hawthorn for improper maintenance of transport trailers.
March 16, 1998: Cuneo agreed to a fine of $60,000 and a 45-day license suspension to settle USDA charges that his company mistreated elephants after two of his elephants died of tuberculosis in August 1996.
February 26, 1998: Hawthorn was cited for failure to have an adequate veterinary care program and a written contingency plan for elephant escapes.
November 20-21, 1997: The USDA cited Hawthorn for failing to provide veterinary care. The tuberculosis treatment protocol prescribed for the elephants was not being followed . The inspector also found improper food storage and poor housekeeping.
October 9, 1997: Hawthorn was cited for improper food storage.
September 16, 1997: The U.S. Department of Labor Occupational Safety and Health Administration informed Hawthorn that an inspection "disclosed the following potential hazard: Employees were exposed to the Mycobacterium tuberculosis when they worked around elephants infected with tuberculosis. ... [T]his letter serves as notification of the likelihood of transmission of tuberculosis from elephants to employees."
July 23, 1997: The USDA filed charges against Hawthorn , alleging it continued exhibiting tigers in Albuquerque, N.M., while its license was suspended.
April 10, 1997: The USDA cited Hawthorn for failing to provide veterinary care. The inspector noted that the tuberculosis treatment and testing protocol prescribed for the elephants by the American Association of Zoo Veterinarians was not being followed . Hawthorn was also cited for failing to maintain structures.
February 6, 1997: Hawthorn was cited for failure to provide veterinary care . The inspector wrote, "Lota is extremely thin and eyes appear to be sunken in." The inspector also found outdated medication.
The USDA suspended Hawthorn's license for 21 days after the exhibitor attempted to export a baby elephant named Nickolaus to Puerto Rico despite the fact that the animal had tested positive for tuberculosis.
January 4, 1997: An internal USDA document contained a list identifying facilities with animals who were at risk of tuberculosis due to exposure to Hawthorn's elephants: Gary Johnson's elephant compound, Utica Zoo, Catskill Game Farm, Pittsburgh Zoo, Walker Bros. Circus, Alain Zerbini, Tarzan Zerbini, George Carden Circus, Carson & Barnes Circus, Heritage Zoo, and Riddle's Elephant Farm.
January 1997: Hawthorn's herd of elephants was prohibited by the USDA from traveling, and Cuneo was not permitted to introduce a breeding bull into the tuberculosis-infected herd. Fourteen of the 18 elephants were considered at high risk of being infected.
November 12, 1996: Cuneo rejected an offer to send a 45-year-old elephant named Lota to a sanctuary. The Milwaukee Zoo donated Lota to Cuneo in 1990 despite a public outcry. The publicized transport depicted Lota being beaten onto a trailer, falling, and urinating blood. Lota was subsequently leased to circuses, contracted tuberculosis, and became emaciated.
October 22, 1996: Florida health officials obtained a court injunction to stop Liz and Lota, two Hawthorn elephants who were traveling with Walker Bros. Circus, from entering the state because they were infected with tuberculosis .
August 29, 1996: The USDA cited Hawthorn for failure to properly store food and maintain records of acquisition and disposition.
August 28, 1996: According to an internal USDA memo, four Hawthorn employees tested positive for tuberculosis .
August 15, 1996: USDA Acting Deputy Administrator Ron DeHaven wrote regarding discovery of a human strain of tuberculosis in Hawthorn's elephants, " [T]he state of New Mexico has told Hawthorn to leave the state or be quarantined. "There are huge epidemiological considerations , too, since Cuneo buys, sells, trades, and moves elephants like a livestock market."
August 6, 1996: A 26-year-old Hawthorn elephant named Hattie, who was leased to Circus Vargas and gave rides to children just prior to her death, died of tuberculosis while being transported from California to Illinois.
August 3, 1996: A 35-year-old Hawthorn elephant named Joyce, who was leased to Circus Vargas and gave rides to children until her death, died under anesthesia for a dental exam. She was anesthetized against the advice of a veterinarian who felt the procedure was too risky for an animal in such a debilitated state. Joyce was 1,000 pounds underweight, and 80 percent of her lung tissue had been destroyed by tuberculosis .
July 18, 1996: A Hawthorn white tiger bit the hand of a carnival worker while performing at the Orange County Fair in Middletown, N.Y.
July 17, 1996: The USDA cited Hawthorn for failure to provide veterinary care and proper food and to maintain records on the animals.
June 21, 1996: The USDA cited Hawthorn for failure to provide veterinary care .
June 18, 1996: Hawthorn was cited for failure to provide veterinary care . The inspector noted, "Lack of records demonstrating observation and treatment of injury to the skin approximately 2 inches medial to Misty's [elephant's] left eye." The inspector also observed that the current veterinary care program was not being followed and records of acquisition were not maintained.
June 14, 1996: A Hawthorn elephant named Misty, who was giving rides to children with Jordan World Circus and was previously identified as "potentially dangerous," knocked down and repeatedly kicked her trainer . One child fell off the elephant during the incident in Casper, Wyo.
May 10, 1996: The USDA cited Hawthorn for failing to provide access to veterinary records.
May 7, 1996: Hawthorn paid a $12,500 penalty to settle USDA charges of causing Tyke trauma and harm and of jeopardizing public safety. Police shot Tyke to death on August 20, 1994 after she rampaged and killed her trainer.
March 27, 1996: The USDA cited Hawthorn for failure to provide an adequate veterinary care program and maintain records of acquisition.
March 25, 1996: The USDA cited Hawthorn for inadequate housekeeping, pest control, and food storage.
October 26, 1995: The USDA cited Hawthorn for failure to provide adequate shelter and water for the elephants, improper food storage, and failure to submit an itinerary.
August 21, 1995: Hawthorn was cited for failure to provide adequate shelter for the elephants.
July 28, 1995: The USDA cited Hawthorn for inadequate structural maintenance.
January 20, 1995: In an internal USDA document, Acting Deputy Administrator Ron DeHaven identified Hawthorn elephants Sue, Billy, Misty, Tony, and Hattie as "potentially dangerous ."
January 17, 1995: According to USDA documents, while Michael Pursley worked for Hawthorn, "David Polke instructed Pursley to command Hattie to 'lay down' ( sic ) and then beat Hattie with an ax handle. ... [T]rainers also used water and food deprivation and electric shock from a cattle prod on the elephants. ... [H]e witnessed Tommy Thompson, manager at Cuneo's animal facility at Richmond, Ill., shock (hot shot) an elephant repeatedly for one-half hour in order to get the elephant to lay down ( sic ) and get up upon voice commands."
December 17, 1994: A Hawthorn elephant named Dumbo died of tuberculosis .
October 26, 1994: The USDA cited Hawthorn for failure to provide veterinary care records for an elephant named Amy who had been euthanized. Hawthorn was also cited for inadequate housekeeping and pest control, as well as failure to maintain records of acquisition and disposition.
September 15, 1994: Hawthorn was cited for the second time in three months for feeding inedible food to the tigers.
August 20, 1994: While performing at the Neal Blaisdell Center in Honolulu, Hawaii, a 20-year-old Hawthorn elephant named Tyke crushed to death her trainer, Allen Campbell, attacked and injured two others, and panicked the crowd, causing several more injuries . Tyke escaped into the streets of downtown Honolulu during the afternoon rush hour. Over the next hour, police fired 87 bullets into Tyke as she charged after pedestrians and smashed vehicles throughout several blocks. Tyke died of massive nerve damage and hemorrhaging of the brain.
Campbell was described as a "punishment-type" trainer who worked the elephants hard. An autopsy found that he had cocaine and alcohol in his system.
July 14, 1994: The USDA cited Hawthorn for failure to provide a program of veterinary care .
June 16, 1994: Hawthorn was cited for feeding inedible food to the tigers.
May 11, 1994: The USDA cited Hawthorn for inadequate structural maintenance.
May 9, 1994: The USDA cited Hawthorn for failure to provide a veterinary care program and medical records . Hawthorn was also cited for failure to maintain a transport trailer for the elephants and maintain records of acquisition and disposition.
February 14, 1994: The USDA cited Hawthorn for failure to provide a veterinary care program .
January 13-14, 1994: The USDA cited Hawthorn for unsanitary and improper food storage, poor housekeeping, and having outdated medications and dirty water containers.
July 23, 1993: An elephant named Tyke ran amok at the North Dakota State Fair in Minot, N.D., trampling and injuring a handler and frightening the crowd as she ran uncontrolled for 25 minutes.
April 22, 1993: According to an affidavit obtained by the USDA from circus worker Richard Rosio, Tyke attacked a tiger trainer while the circus was in Altoona, Pa.
April 21, 1993: An elephant named Tyke ripped through the front doors of the Jaffa Mosque during a performance and ran out of control for an hour in Altoona, Pa. An estimated 4,500 schoolchildren had to evacuate the building, and the rampage caused more than $14,000 in damage.
February 4, 1993: A Hawthorn employee, Bernhard Rosenquist, was charged with attempted murder, aggravated battery, and armed violence for allegedly stabbing a coworker. Rosenquist was also wanted by federal authorities as a probation violator and by the Lake County, Ill., authorities on burglary charges.
June 21, 1988: According to USDA and Canadian law enforcement documents, while a Hawthorn elephant named Tyke was performing with Tarzan Zerbini Circus, " The elephant handler was observed beating the single-tusk African elephant in public to the point [where] the elephant was screaming and bending down on three legs to avoid being hit . Even when the handler walked by the elephant after this, the elephant screamed and veered away, demonstrating fear from his presence." The handler was John Caudill (a.k.a. John Walker of Walker Bros. Circus) who admitted to "disciplining" Tyke after she hit Caudill's brother and put a hole in his back with her tusk.
May 28, 1981: An 11-year-old Hawthorn elephant named Tina, with a one-year history of weight loss, died under anesthesia and was found to have tuberculosis .
1978: A Hawthorn Corporation elephant performing in Chicago with the Shrine Circus picked up her trainer with her trunk and threw him into a pillar, killing him.
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