ALDF; A Truck Stop is No Place for a Tiger! Why We Won’t Stop Fighting for Tony

Stephen Wells, ALDF
April 21, 2017

At this moment a 16-year-old Siberian-Bengal tiger named Tony is caged at a gas station truck stop in Grosse Tete, Louisiana, 20 miles outside of Baton Rouge. Confined to a cramped metal cage, Tony breathes in diesel fumes daily while passersby tease and harass him. Tony has lived this way for nearly his entire life, and his circumstances are often a shock to the average person, who feels innately that this is not the right place for a tiger, especially an ageing one with neglected veterinary needs. People ask, “how can this be legal?” and the Animal Legal Defense Fund believes firmly that it’s not. In fact, we’ve been fighting for over six years to have Tony relocated to a sanctuary that can meet his complex needs and give him the veterinary care he is entitled to. Our campaign to save Tony is now even more dire after reports raising concerns about Tony’s health.

Let Tony Live the Rest of His Days in Comfort

All across the world, people follow Tony’s story. Recently, we’ve received many reports from worried citizens stating that Tony appears lethargic and is experiencing diarrhoea and a decreased appetite. The Animal Legal Defense Fund obtained photo and video evidence and enlisted the help of a veterinarian with experience treating exotic animals to review it. In the vet’s expert opinion, Tony is likely suffering from kyphosis of the spine and an injury or other condition that is causing him to limp. This isn’t run-of-the-mill ageing; Tony needs help. Living at a truck stop is, at the least, exacerbating Tony’s poor health. While no animal is suited to living at a truck stop, tigers are particularly ill-equipped because of their sharp sense of smell and sensitive hearing. Independent of all our pending legal work to free Tony, the Animal Legal Defense Fund just submitted a letter to the U.S. Department of Agriculture (USDA), which licenses the Truck Stop under the federal Animal Welfare Act, urging that Tony be inspected by a licensed specialist and given any necessary veterinary care.

The Legal Battle for Tony’s Safety

We believe that Tony, and all big cats held in captivity, deserve to live in environments that meet their psychological and physical needs. Our campaign to remove Tony from his particularly grim captivity at Tiger Truck Stop has been lengthy and determined. Michael Sandlin, the owner of the truck stop, however, has pulled out all the stops to keep Tony in captivity.  He has spent over $750,000 fighting our efforts and has also manipulated the legislative system by successfully lobbying the Louisiana legislature to pass a special exemption designed solely to benefit Sandlin and allow him to keep Tony. It’s no surprise that Sandlin puts up such a fight; he’s been exploiting tigers like Tony for decades, using them as a gimmick to lure customers to his gas station. The USDA has cited Sandlin numerous times for violations ranging from failure to provide veterinary care to lack of clean drinking water. In 2003, Sandlin relinquished three tigers amid public outrage over his treatment of the big cats. Only Tony remains.

Inspired in part by Tony’s plight, then Representative Warren Triche, Jr. introduced legislation in 2006 to ban private possession of big cats in Louisiana. The law passed, and while it was a tremendous win for the big cats saved from being the next Tony, Sandlin continued to hold Tony in violation of the law. The Animal Legal Defense Fund sued the Louisiana Department of Wildlife and Fisheries for unlawfully issuing Sandlin a permit to exhibit Tony. We were joined in the suit by former Rep. Triche, Jr. and several other Louisiana taxpayers. Both the trial court and the Louisiana Court of Appeal held that Sandlin and the Tiger Truck Stop were ineligible for a big cat permit and could no longer keep Tony captive. In October 2013, the Louisiana Supreme Court let that decision stand. Still, Tony remained at the truck stop.

Despite the Animal Legal Defense Fund’s victory, which should have freed Tony and allowed him to be moved to a sanctuary, Sandlin has been able to keep Tony in captivity because of two legal tactics that he has pursued relentlessly.

First, after the trial court ruled against Sandlin and while his appeal was pending, he filed a separate lawsuit challenging the big cat ban as unconstitutional.  The Animal Legal Defense Fund, along with concerned Louisiana citizens, promptly filed a petition to intervene in that action to defend the constitutionality of the big cat ban.  Both the State of Louisiana and the Animal Legal Defense Fund argued Sandlin’s claims were barred because he failed to raise them in the Animal Legal Defense Fund’s prior action.  Those arguments are still pending today, nearly five years later.

Second, Sandlin manipulated the legislative system by successfully lobbying the Louisiana legislature to pass Act 697, a special law designed to exempt Sandlin – and only Sandlin – from the big cat ban. It was signed into law by then Governor Jindal. The Animal Legal Defense Fund again immediately went to work, suing the state of Louisiana and arguing Act 697 violated the Louisiana Constitution because it was a “special law” designed to benefit one individual from existing state public safety and animal welfare laws. We were again joined in the suit by former Rep. Triche Jr. and other concerned Louisiana citizens.

We’re Not Giving Up

The Animal Legal Defense Fund recently combined its challenges to both of Sandlin’s legal tactics into the same action, filing an amended petition in intervention in Sandlin’s lawsuit that challenged the constitutionality of the big cat ban.  This will allow the Animal Legal Defense Fund — in one motion — to raise arguments both challenging the constitutionality of Act 697’s exemption for Tony and explain why Sandlin’s challenges to the big cat ban itself should fail.  A ruling in favour of the Animal Legal Defense Fund on such a motion should finally put an end to Sandlin’s legal tactics and provide a final resolution allowing Tony to be relocated to a sanctuary.

As the world watches the ups and downs of the fight to save Tony, the tiger’s life remains essentially the same. He doesn’t know his story inspired a former Representative to come out of retirement to fight for him, or that the big cat ban will help others of his kind. All he knows is life in a cramped cage off the highway. Tony deserves the veterinary care he needs and to live out the rest of his life in peace. He doesn’t just deserve it, we believe he’s guaranteed it under the law. We won’t stop until Tony is safe

News source:–http://www.onegreenplanet.org/animalsandnature/we-wont-stop-fighting-for-tony-the-truck-stop-tiger/

 

The Animals at Animaland Zoo Have a New Home, Thanks To ALDF!

“Here’s an email I’m eager to share with you, I’m so relieved these animals are now safe!!” But there is so much more work to be done to free animals from dilapidated road side zoo!!”

 Animaland Zoo Shut Down For Good

Dear Julie,

Now they have grass under their paws, clean water, companionship, enrichment and veterinary care. At last, thanks to the Animal Legal Defense Fund and your support,the animals once held at Animaland Zoo in Wellsboro, Pennsylvania will get the lives they deserve. With you by our side, we sued the roadside zoo for violating the Endangered Species Act and state wildlife laws. In the face of our lawsuit, Animaland settled with us and shut down. We were able to step in and choose new locations for Bear the wolf and the two black bears, Shawn and Sandy.

Let’s celebrate this together—your continued support of the Animal Legal Defense Fund empowers us to litigate these victories for animals.

Help Us Rescue Other Animals in Captivity

All of the animals at Animaland were suffering physically and psychologically. Sandy and Shawn were forced to share a concrete enclosure for 17 years. Almost two decades in a cell hardly big enough for the bears to move in. Thanks to our lawsuit and logistical support from the sanctuary team at Lions Tigers & Bears, Sandy and Shawn are now living at Wildlife Rescue & Rehabilitation, a Texas sanctuary where they’ll have the freedom they need.

We also found a safe place for Bear the wolf to live out the rest of his life. Bear was lethargic at Animaland, a pack animal in agonizing solitude. After being nowhere near others of his kind for years, Bear is now safe at the Wolf Sanctuary of Pennsylvania, where he is exploring lush vegetation amongst other wolves.

Your generous support helped save Bear, Shawn, Sandy and other animals from Animaland. The tax deductible donation you make today can help us find happy endings for even more animals.

We would also like to thank the law firm Baker Hostetler in Philadelphia for their invaluable pro bono assistance with this case.

Every day, the Animal Legal Defense Fund fights to protect animals, and victories like this one are the reason we never give up.

For the animals,

Stephen Wells
Executive Director

Many more animals need out help, Please visit:–https://org2.salsalabs.com/o/5154/p/salsa/donation/common/public/;jsessionid=A985D6881533F73B3E5089D7711F864B-n4?donate_page_KEY=14317&okay=true

UPDATE: Circus Malta: Petition Supporting Animal Circuses Gains 5,000 Signatures

Thursday 9 January 2014

Most animal charities & the public want to see a ban worldwide of wild animals being used in circuses. Now the owner of this circus is circulating his own petition to keep his Malta circus open. So please if you don’t agree with animals performing degrading tricks, kept behind bars & of course the cruelty that has been documented in circuses: PLEASE SIGN THE PETITIONS BELOW. We can’t let this circus continue, if it does through its petition, the flood gates for circuses using wild animals may open again; that would be tragic after all the hard work has been done to stop them!!

Circus promoter says 2013 could be last year for animal circuses in Malta due to the proposed ban.

But circus promoter Silvio Zammit has collected 5,000 signatures as part of a petition to overturn a proposal to ban animal circuses.

The circus has now moved to Ghajnsielem, Gozo, where Zammit hopes to continue collecting more signatures. The petition will then be passed on to the competent authorities.

Zammit, who has been bringing circuses to Malta for the past 16 years, said he could not allow the banning of animal circuses from Malta without taking any action.

“It was a personal initiative after finding out that the government had moved on to publish a White Paper proposing to ban animal circuses,” he said.

See all the animals, such as, Long horn cattle, Donkeys, Lama, Camels, Lions, Tigers, Zebra, Elephant, Giraffe, Baboon, Horses, Ponies, Donkeys performing pitiful & degrading acts; acts they would never do in the wild. The animal acts stop at 12 mins; then the human artists perform!I believe the only thing not seen is the Hippo; but is in a video below!!

Circo Orfei Floriana Malta 1st January 2012

Uploaded on 2 Jan 2012 – By levelone12

He argued that only 390 persons took part in the consultation process initiated by the government, of which 49% said they were against such a circus.

“We know that the majority of these were NGOs, and NGOs do not reflect popular opinion. I am doing this petition on my own. I know that there are many others who would like to sign it, but I have neither the time nor the manpower to go on a nation-wide petition,” Zammit said.

He said he was “very happy” with the number of signatures collected: “This shows that the Maltese do love the circus. They won’t flood the streets of Valletta with placards to support the circus.”

He also said that a number of MPs from both sides of the House visited Circo Orfei this winter. “Some came with their children while others accompanied their grandchildren. They thanked me for the level of the show and all said they had fun,” Zammit said.

He however refused to name them.

The debate as to whether Malta should ban animal circuses for good has been going on for a number of years, with animal rights NGOs insisting that circuses solely operate to maximise profits while completely disregarding the safety of the animals and the adverse effects they may impose.

Animal Rights Coalition said veterinarians only attend to the animal’s physical needs and as a result, the psychological issues brought about by the circuses are not being addressed.

With a number of countries moving to ban animal circuses for good, Zammit said in Italy alone there were 800 circuses. He said the UK was one of the countries which will stop animal circuses as from next year. “But this was the result of many circuses caught mistreating their animals,” he said, adding that the circus he brought to Malta did not see animals performing any tricks and only a minimal part of the show was dedicated to animals.

Zammit argued that the circus animals were born in captivity “and therefore they do not know otherwise. Their trainers threat them like their pets”.

He said Animal Welfare Department officials and veterinarians made regular checks to verify that the animals were well-kept.

Circo Orfei’s travelling team is made up of 60 people, whose living depends on the shows, Zammit said.

“This is their life. They are a community who live on the road and have been doing so for years on end. This is how they earn a living… their bread and butter,” he said.

The Animal Rights Coalition has also called for a full ban on dolphinaria and aquaria. The coalition has said it was unjust to deny dolphins the right to roam free in their natural habitat and called for the ban on dolphinariums as these restrict the creatures to a mere pool.

The Coalition also said that this should extend to aquaria as in this case, animals are likewise being “confined to cages and restricted from roaming in their natural habitat”.

Protesters outside circus. Image from http://www.timesofmalta.com –

But Zammit feels that two weights and two measures were being applied when talking about animal circuses and aquaria.

He also said that circuses gave people the opportunity to see animals which would otherwise require them to travel abroad to zoos or safaris.

He insisted that a proper discussion was required and said he agreed that animals like elephants, pandas and monkeys should be banned. “What we have in our circus are horses, ponies, donkeys and tigers,” he said, adding that tigers in captivity lived for an average of 25 years while those in the wild lived for 12 years.

Circo Orfei also has a hippo and an emu as part of their travelling repertoire. 

News Link:–http://www.maltatoday.com.mt/en/newsdetails/news/national/Petition-supporting-animal-circuses-gains-5-000-signatures-20140108

Petitions to ban wild animals in circuses:-We must get the ban in place before this circus succeeds with their petition to continue

• http://www.thepetitionsite.com/114/712/149/ban-animal-circuss-in-malta/
• http://www.thepetitionsite.com/971/361/878/ban-the-use-of-wild-animals-in-us-circuses/
• http://www.change.org/petitions/dolphins-don-t-belong-in-traveling-circus
• http://www.ipetitions.com/petition/animalslavery/
• http://www.thepetitionsite.com/112/127/279/stop-brian-boswells-circus/
• http://www.thepetitionsite.com/903/573/553/no-bears-at-the-bolshoi-circus/
• http://forcechange.com/91545/commend-ban-on-wild-animals-in-circuses/
• http://www.stopcircussuffering.com/ – Petition is within the link

Published on 7 Jan 2013 – This video shows the hippo in the ring, but its towards the end of the video, after the trapeze act! What the hell is a hippo doing in a circus? Bloody outrageous!! Search Circo Orfei on You Tube to see all the animals when not entertaining  :-http://youtu.be/GEMx3YVIRmg 

Published on 10 Jan 2013 – Tiger & Lion Act:-http://youtu.be/aHeMPaW_d20

Published on 6 Sep 2013 – This is about the lions & tigers in the outside enclosure plus RARE WHITE LIONS & TIGERS?? Are they interbreeding??:-http://youtu.be/K40RjOFsX4c

My previous posts on circus in Malta etc.:–

• https://preciousjules1985.wordpress.com/2013/12/11/last-two-animal-circuses-in-malta-before-ban-imposed-petitions-to-sign/
• https://preciousjules1985.wordpress.com/2013/12/11/animal-circuses-may-be-banned-in-malta-by-end-of-the-year-petitions-to-sign/

R.I.P: In Memoriam: Dr. Mel Richardson

Posted by Matthew Liebman, ALDF Senior Attorney on January 6, 2014

It is with a heavy heart that we say goodbye to a dear friend of the animals and of ALDF.  Dr. Mel Richardson, affectionately known as Dr. Mel to his friends and colleagues, passed away on January 2 at the age of 63.

With more than 40 years of veterinary experience, Dr. Mel was a tireless advocate for captive wild animals.

Mel during filming of Lion Ark. He will be sadly missed. — with Mel Richardson. Animal Defenders International

Picture from; Facebook Save All Elephants:-https://www.facebook.com/photo.php?fbid=10152543127764358&set=a.10152543127689358.1073741832.75101244357&type=1&theater

I first met Mel at an elephant summit at the Performing Animal Welfare Society sanctuary about four years ago. I was immediately charmed by his laid-back demeanor, his sense of humour, his discernable kindness, and, of course, his Georgian accent. Dr. Mel quickly became an important part of ALDF’s work on behalf of captive wildlife. He was the expert witness in our lawsuit against the City of Seattle concerning the inhumane captivity of elephants at the Woodland Park Zoo, where Mel was once a zookeeper.

Dr. Mel was the veterinarian in charge of transporting Ben the bear from a tiny, barren concrete cage to a spacious, naturalistic enclosure at the PAWS sanctuary after a lawsuit filed by ALDF and PETA freed Ben from the roadside zoo in North Carolina that held him captive.

Most recently, Mel wrote a comment letter on behalf of ALDF concerning the cruel captivity of two elephants at the Niabi Zoo in Illinois, who were ultimately transferred to better conditions (albeit, at another zoo).

He was also a regular consultant for us on all sorts captive wildlife cases, and the phrase “Let’s call Dr. Mel and ask him” was uttered frequently at our litigation meetings. These are just a few examples of Mel’s work, and he did much more for many other organizations. His primary allegiance was to the animals and he was happy to help anyone at any time.

We will miss Dr. Mel greatly, not only as a colleague and a consultant, but as a friend. He died too soon, but he left a wonderful legacy that will continue to inspire us to fight for freedom for animals.

News Link:-http://aldf.org/blog/in-memoriam-dr-mel-richardson/

Tony The Tiger Gets Pool, But Not Wet (Video Link)

“I have written many post’s on Tony, including my own personal thoughts; if you wish to read any click this link:-https://preciousjules1985.wordpress.com/?s=Tony+the+tiger

GROSSE TETE — How do you get a 550-pound Bengal tiger that lives in a cage at a truck stop to crawl into his newly built pool?

Drop a bloody hunk of mixed, ground horse meat and beef on a corner of the tiger’s new wooden pool deck?

Nope. That didn’t work.

Pour electric blue-colored Dawn dishwashing liquid into the pool water to create a bubble bath?

Nope. That didn’t work.

I couldn’t embed the video code, so watch video here:-http://theadvocate.com/news/6852719-123/tony-the-tiger-enjoys-pool#comments

Tony isn’t interested in his new pool!!

Even though the temperature was north of 90 degrees Thursday afternoon, Tony the tiger just wouldn’t budge.

“Too many cameras around. He must be nervous. He’s curious though. I’m sure he’ll get in later when everybody is gone,” said Mike Sandlin, Tony’s owner and owner of the Tiger Truck Stop off Interstate 10 in Iberville Parish.

Instead of jumping in right away, Tony paced inside his 3,200-square-foot steel cage, then plopped down in a far corner.

Tony and his newly built pool are about 96 miles from the Louisiana Supreme Court in New Orleans, where justices will decide in weeks or months to either take up an appeal by Sandlin to allow the tiger to remain at the truck stop or allow a ruling by the state’s 1st Circuit Court of Appeal to stand.

If the appellate court’s ruling stands, Sandlin will be forced to send Tony, his “baby,” to another location.

“As long as God provides me breath and money, I’ll keep fighting to keep Tony here,” Sandlin said between patting beads of sweat on his neck with a hand towel.

The Animal Legal Defense Fund, the nonprofit group that wants Tony removed from the truck stop, didn’t seemed impressed Thursday with Tony’s new pool.

“The bottom line is they can put all the bells and whistles they want to out there. You still have a tiger in a truck stop,” Animal Legal Defense Fund attorney Matthew Liebman said.

“Legally speaking, the pool doesn’t change anything,” Liebman said by telephone from California.

The state 1st Circuit Court of Appeal in Baton Rouge ruled in April that Tony cannot continue to be housed in an exhibit at the Grosse Tete truck stop where he has lived for 12 years.

The appellate court has refused to reconsider its decision.

Sandlin’s truck stop has been displaying tigers for 25 years.

Tony, a 13-year-old tiger, was sold to Sandlin by a Texas exotic animal breeder when the creature was 6 months old.

State District Judge Mike Caldwell ruled previously that a 2006 Louisiana law bars the state Department of Wildlife and Fisheries from renewing Sandlin’s permit to house Tony at the truck stop.

The 1st Circuit’s April decision affirmed that ruling.

The appellate panel, however, overturned Caldwell’s decision to allow the Animal Legal Defense Fund to intervene in a civil lawsuit on the side of four Louisiana residents who wanted Tony sent to an accredited wildlife sanctuary.

Caldwell concluded the state agency violated its own rules by exempting Sandlin and Tiger Truck Stop from permit requirements for owners of big cats.

The judge ruled a state permit can be issued only to an individual, not a corporation.

Tiger Truck Stop was the permit holder, not Sandlin, the judge said.

The truck stop’s last annual state permit expired in 2011.

Sandlin contends he has held a federal permit to keep tigers at the truck stop since 1988.

Tony’s ultimate fate hinges on what the state Supreme Court does with Sandlin’s appeal.

In the meantime, Tony has a new pool to cool off in thanks to the man who raised the $3,800 to build it, Joe “Joe Exotica” Schreibvogel.

Joe Exotic

Schreibvogel, who arrived in Grosse Tete on Wednesday with a construction crew of five, said he raised the money for Tony’s pool from viewers of his daily Internet television show, “Exotic Animal TV Starring Joe Exotic.”

Sandlin has said if he is forced by the courts to eventually send Tony away, he will send the tiger to Schreibvogel’s animal park, G.W. Exotic Animal Park in Wynnewood, Okla.

Schreibvogel said he owns 173 tigers.

“I can tell you that I’ve been out here three times,” Schreibvogel said Thursday afternoon. “And I can tell you this: There is no animal sanctuary in America that has this nice of a cage.”

When asked about concerns for Tony voiced by animal rights activists, Schreibvogel shot back, “If they cared so much for Tony, why didn’t they build him a pool?”

Lynn Dool, a truck driver from Ontario, Canada, said he read about Tony’s story online and stopped by Thursday to get a glimpse of the tiger.

“He seems domesticated. He’s been here for 12 years and there haven’t been any problems. I say let him live here,” Dool said.

News Link:–http://theadvocate.com/news/6852719-123/tony-the-tiger-enjoys-pool

Response from ‘Free Tony The Tiger:’-

Via The Animal Legal Defense Fund: The Advocate recently wrote a story about a pool that was built in Tony the Tiger’s enclosure. Our response?

“The bottom line is they can put all the bells and whistles they want to out there. You still have a tiger in a truck stop,” Animal Legal Defense Fund attorney Matthew Liebman said. “Legally speaking, the pool doesn’t change anything.”

Please leave polite but firm comments in support of freeing Tony at the following link: http://theadvocate.com/news/6852719-123/tony-the-tiger-enjoys-pool

ALDF: Taking Ag Gag to Court, Please Act Now

The Animal Legal Defense Fund, along with PETA, has filed the nation’s first lawsuit against ag gag legislation, taking Utah to court for infringing on the free speech rights of activists, investigators, and journalists by criminalizing undercover investigations at factory farms.

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Take action! Sign the petition to stop ag gag.

Watch Video below!

Utah’s ag gag law aims to prevent animal advocates and law enforcement from collecting evidence of egregious and illegal abuse of animals on factory farms.

Ag Gag & Animal Cruelty

Factory farms want to keep their cruel practices hidden from the public, but the public deserves the truth about how the billions of animals suffering on industrial farms are treated and whether or not laws are being broken that jeopardize food safety, workers’ rights, and environmental standards.

Shocking exposés from undercover investigations have revealed severe animal abuse on factory farms, like animals beaten, kicked, maimed, and thrown by workers. Industrial agriculture has also brought us the unsavory likes of ammonia and pink slime in hamburgers, antibiotic-resistant “superbugs,” chickens abandoned by the thousands to starve to death, pregnant and nursing pigs held in gestation crates that never allow them to turn around, and sick and downed cows dragged on the ground to become lunchmeat. Corporate agriculture’s massive profit ratio and proven inclination to hide in a dark world of secrecy makes journalistic and investigative freedom imperative to the well-being of animals across the nation—and to our own health and safety.

Journalistic Integrity

Utah’s ag gag law criminalizes free speech. That is why the Animal Legal Defense Fund is joining with journalists Will Potter and Jesse Fruhwirth; Daniel Hauff, an undercover investigations consultant specializing in factory farms; the political journal CounterPunch; and professor James McWilliams, as plaintiffs in the lawsuit.  “There’s a long history of investigative journalism in this country based on exactly the type of research and whistleblowing that these laws criminalize,” Will Potter explains. “Ag gag laws make it impossible to report stories that are vitally important to the public.”

Utah activist Amy Meyer is also a plaintiff in the case. In February, Amy made headlines by videotaping the operations at Dale Smith Meatpacking Company in Draper, Utah from the roadside. Amy was charged under Utah’s ag gag law—making her the first person in the nation to be prosecuted under an ag gag law–although the charges were dropped after public outcry.

Ag gag laws aim to control our behaviour by instilling fear of prosecution. This is legally known as the “chilling effect” because it intimidates people from acting and gathering information—even in legally-protected ways.  Tennessee Governor Bill Haslam recently vetoed a proposed ag gag law after the Tennessee Attorney General called the bill “constitutionally suspect.” Erwin Chemerinksy, a professor and dean of the law school at the University of California, Irvine, and a leading scholar of U.S. constitutional law, has weighed in in support of the lawsuit, explaining, “The Utah law is very much directed at restricting speech, and especially particular messages.  This is exactly what the First Amendment prohibits.”

More Information

• Read a message from our executive director on the importance of fighting ag gag.

News Link:-http://aldf.org/cases-campaigns/features/taking-ag-gag-to-court/

First Person Charged with Violating Ag Gag Law

Published on 22 Jul 2013

Amy Meyer was the first person charged with violating an ag gag law, for simply filming a slaughterhouse from a public road in Draper City, Utah.

The Animal Legal Defense Fund has filed the nation’s first lawsuit against ag gag legislation, taking Utah to court for infringing on the free speech rights of activists, investigators, and journalists by criminalizing undercover investigations at factory farms.

Court: Grosse Tete Truck Stop Tiger Must Be Moved

Tony, the 550-pound Siberian-Bengal tiger, cannot continue to be housed in an exhibit at the Tiger Truck Stop in Grosse Tete, a three-judge panel of the state’s 1st Circuit Court of Appeal ruled Thursday in Baton Rouge.

Will Tony Ever Have The Right To Breath Fresh Air??

But an attorney for truck stop owner Michael Sandlin said Tony will not be moved to a new home soon.

“We are going to file for a rehearing at the 1st Circuit. If we lose on rehearing, we’ll be filing an appeal with the Louisiana Supreme Court,” said Jennifer Treadway Morris, Sandlin’s attorney.

Members of the 1st Circuit panel were Circuit Judges J.E. “Duke” Welch and Randolph H. Parro, as well as retired Judge William F. Kline Jr., who serves on the appellate bench by special appointment of the state’s Supreme Court.

The 20-page decision written by Welch upheld a November 2011 judgment by 19th Judicial District Judge Michael Caldwell, who ruled a 2006 state law bars the Louisiana Department of Wildlife and Fisheries from renewing Sandlin’s permit to house Tony at the truck stop exhibit off Interstate 10.

The appellate panel, however, overturned Caldwell’s decision to allow the nonprofit Animal Legal Defense Fund to intervene in the civil suit on the side of four Louisiana residents who wanted Tony, now 12, sent to an accredited wildlife sanctuary.

Those four residents are Warren Triche Jr., Brandi J. Sutten, Jennifer Torquati and John Kelleher.

Matthew G. Liebman, a California-based attorney for the Animal Legal Defense Fund, said he does not believe the nonprofit organization will appeal the 1st Circuit’s ruling that it should not have intervened in the litigation.

The most important part of the 1st Circuit’s decision was its agreement with Caldwell that state officials cannot renew the permit that allowed Tony to be kept at the truck stop, Liebman said.

“We see this decision as a victory,” Liebman added. “It looks like Tony is finally going to breathe some fresh air.”

Morris, however, noted that Sandlin has a related civil suit pending before 19th Judicial District Court Judge Janice Clark.

Sandlin argues in that suit that a 1993 Iberville Parish ordinance should not be allowed to ban ownership of “wild, exotic or vicious animals for display or for exhibition.”

In his suit, Sandlin adds that he has held a federal permit to keep tigers at the truck stop, just off Interstate 10, since 1988. He argues that a parish ordinance cannot ignore federal rules.

Although the case in Clark’s court remains to be decided, Morris said the 1st Circuit’s decision not to grant standing to the California nonprofit organization in Caldwell’s court is a good sign for Sandlin.

“We beat the Animal Legal Defense Fund” in the first case, Morris said. “That’s a big win.”

Related articles

• A Tiger, a Truck Stop And A Pitched Legal Battle (preciousjules1985.wordpress.com)
• ‘Joe Exotic’ Files For Bankruptcy Protection After Court Ruling (preciousjules1985.wordpress.com)

News Link:-http://theadvocate.com/home/5811635-125/appellate-court-tiger-must-be

Victory in ALDF’s Tony the Tiger Case!

Posted by Matthew Liebman, ALDF Staff Attorney on April 26th, 2013

Yesterday the Louisiana Court of Appeal issued its long-awaited opinion in Animal Legal Defense Fund v. State of Louisiana, holding that Michael Sandlin is ineligible for a permit to confine Tony the Tiger in a cage at the Tiger Truck Stop.

Although the court held that ALDF lacked standing to be a plaintiff in the case, it nevertheless confirmed that our clients—Louisiana residents and taxpayers—do have standing to challenge illegal actions by the government, in this case the Louisiana Department of Wildlife and Fisheries.

In ruling on the merits, the court agreed with ALDF’s argument that Michael Sandlin cannot receive a grandfather permit to continue to keep Tony because Sandlin does not meet the legal requirements for such a permit. As the court put it:

The record establishes that on August 15, 2006, Tony was not owned by Michael Sandlin; rather, he was owned by Tiger Truck Stop. Additionally, on August 15, 2006, the ownership and possession of Tony by Tiger Truck Stop and the possession by Michael Sandlin in Iberville Parish was in violation of a local ordinance, and thus, illegal. Although that local ordinance was amended in 2009 retroactive to August 15, 2006, the amendment to the ordinance did not change the fact that on August 15, 2006, neither Tiger Truck Stop nor Michael Sandlin legally possessed or legally owned Tony. Only an individual who legally possessed an exotic cat (such as a tiger) and who could prove legal ownership of that exotic cat is entitled to a permit for that cat. Accordingly, that part of the judgment of the trial court granting a final/permanent injunction against DWF, enjoining it from issuing any new permits to Michael Sandlin and/or Tiger Truck Stop for the tiger (“Tony” microchip #477E201A4C) now located at Tiger Truck Stop in Iberville Parish is affirmed.

The decision marks a significant step towards Tony’s freedom, as the second-highest court in Louisiana has confirmed that the Department erred when it issued Sandlin a permit. Sandlin’s lawyer has said she intends to seek rehearing of the Court of Appeal’s decision, as well as review by the Louisiana Supreme Court.

Sandlin also has his own lawsuit to invalidate the state’s big cat ban. But rest assured ALDF will fight every step of the way to make sure Tony ends up in a reputable sanctuary. We still have a long road ahead, but we’ve cleared a major hurdle and have earned this moment of celebration.

News Link:–http://aldf.org/article.php?id=2438

A Tiger, a Truck Stop And A Pitched Legal Battle

“Please let me point out, that at no time, have I ever said Tony is abused or cruelly treated. My issue & that of most advocates for Tony, is simply his living enclosure & it’s site at the truck stop. Please see the videos & sign the petition at the end of this post…thank you!”

GROSSE TETE, La. — The American truck stop is a promise of certain reliable’s  a shower, a warm meal, some small talk at the counter, a 24/7 source of diesel, beef jerky and cigarettes

Tony, a Bengal-Siberian tiger, is kept on the premises at the Tiger Truck Stop in Grosse Tete, La. Web sites have been created urging Tony’s removal, letters have been written, and public officials have been lobbied

The truck stop here just west of Baton Rouge offers all those things, but as most southern Louisianians know, it has another less standard feature: a 550-pound Bengal-Siberian tiger.

Tony is only the latest in a line of tigers to live here. Thirteen cubs were born at the truck stop, and several adult tigers brought in, including a white tiger named Salena who died of pancreatic cancer in the early 2000s and is now stuffed and sitting in the Tiger Cafe atop the salad bar.

Tony, who is 12 years old, spends his days draped languidly on top of his cinder-block den or pacing around the grass in his 40-foot-by-80-foot caged enclosure on one side of the parking lot, seemingly as unriveted by the truckers as they are by him. “The enclosure gates have been filmed open many times, but Tony often prefers to paces back & forth in his concrete enclosure. His enclosure may be large for a tiger living in a yard, but size is nothing…it’s what’s in it that makes all the difference. There is nothing for Tony to do nor any natural foliage to make it appear more like his natural habitat. Tony does not have a swimming pool, although Mr. Sandlin has been quoted several times, saying it is a pool; it’s a horse feed trough or something similar. Irrelevant of what it is, it’s way too small for Tony to sit in never mind swim; In all the years I have been advocating for Tony’s move, i have never once seen him dip so much as a toe in that water trough & I’ll bet nobody can find any evidence of him being in it (apart from possibly when he was a young cub)!”

He also appears unmoved by his role at the centre  of a costly and complicated legal dispute, pitting claims of property rights against animal rights and prompting regular news reports about his impending removal. The legal fight has gone on for years. Tony remains.

“It’s become more of a liability than an asset,” said Michael Sandlin, 50, who has run the truck stop for the past 25 years. “But it’s not the money. It’s the principle.”

The Tiger Truck Stop has long been a thorn in the paw of animal rights organizations and many animal lovers generally. Web sites have been created urging Tony’s removal, letters have been written, public officials lobbied. Robert Barham, the secretary of the Louisiana Department of Wildlife and Fisheries, described “cases of mail from every state and a host of foreign countries.” Still, he said, state veterinarians sent to inspect Tony invariably returned with reports of good health. “Good, I’m glad some vets have seen him, but was it a routine check or did he have bloods, scans etc. to check his internal organs are not being effected by the air born fumes? I would sure like to see a copy of that report!”

Matthew Liebman, a lawyer for the Animal Legal Defense Fund, based in California, acknowledged that Tony’s situation was not the worst he had ever seen, though he and others worry about the tiger’s constant exposure to exhaust and diesel fumes.

“The bottom line for us is that tigers don’t belong in truck stops,” Mr. Liebman said. “I think it reflects a pretty commodified, objectifying view of animals that we don’t support — that they are objects of entertainment, that they are gimmicks to sell gasoline.”

In 2006, the state passed a law that put limits on “big exotic cat” possession, but allowed anyone who owned such a cat at the time to be grandfathered in. Mr. Sandlin, who had kept tigers here for nearly two decades, was granted a permit for Tony. But in a 2011 trial, lawyers for the animal defense fund showed that a parish law that was on the books in 2006 prohibited keeping exotic animals and argued that he should not have been exempted from the new law. The judge agreed and ordered Mr. Sandlin’s state permit revoked.

Mr. Sandlin, who still has a federal permit, has appealed the decision, and has also filed a separate lawsuit arguing that the state law itself is unconstitutional because it is applied unevenly and leaves too much discretion to enforcement officials.

Still, he has been looking for a retirement home for Tony. This search generated its own outcry when he said he was leaning toward a wildlife park in Oklahoma owned by a man who calls himself Joe Exotic, but whose real name is Joe Schreibvogel.

Mr. Schreibvogel’s park has attracted a good deal of controversy itself and is being investigated by federal officials for 23 tiger cub deaths. Although this was found to be tainted formulae.  But Mr. Sandlin said he believed that it provided good care, and did not trust others to know what was good for Tony. “Now with Joe Exotic becoming bankrupt, how will this effect Tony, will Mr Sandlin still prefer to move him their, will he still be able to move him their or will he choose an accredited sanctuary; which Tony deserves. Joe Exotic has been asking for donations to build Tony an enclosure, for some time now. He has been quoted as saying, it would be off the usual track visitors take, so Tony can be private! Yet Mr. Sandlin say’s Tony is used to noise??? I have just found the same article on Joe Exotics new web page; the name of the park has change to The Garold Wayne interactive Zoological Park:-http://www.gwpark.org/Tony-The-Tiger.php

“He’s used to the noise from the Interstate and the trucks,” Mr. Sandlin said. “He’s used to people coming up here and looking at him.”

“To tear him away from this,” he said, breaking off, then added, “I think it would be very cruel because that’s what he’s used to.”

Mr. Sandlin and his opponents see the world rather differently. The phrase “animal rights activist,” particularly if it means someone who would ban the private ownership of exotic animals, is to Mr. Sandlin a disparagement on its face. (A T-shirt for sale in the truck stop store reads “Animal Rights Activists Taste Like Chicken.”)

But he takes no offence when critics deride him as a purveyor of roadside entertainment. He considers himself an ally of the travelling circuses that occasionally stop here, and he allows the elephants to graze out back. “Why when he has plenty land at the back, did he build the enclosure at the front; if it was not for monetary gain?”

The idea of a tiger truck stop had been his father’s, but opening one here seemed particularly apt given that the mascot of nearby Louisiana State University is a tiger. (The university keeps its own tiger, Mike VI, in an enclosure next to the football stadium.) “Yes, & you want to see his enclosure in fact I will post a video of it at the bottom so you can see the difference!”

So in 1988, Mr. Sandlin arrived from Houston with Toby and Rainbow, he a mostly Bengal mix, she a pure-bred Siberian. In 2000, after the sale of a tiger truck stop owned by Mr. Sandlin’s father in West Texas, Toby and Rainbow were joined by Tony and Salena. “But didn’t Toby & Rainbow end up at a tiger sanctuary?”

In the ensuing years, the United States Department of Agriculture issued several citations to the truck stop, among other things for allowing cubs to run loose around the office. Mr. Sandlin paid a fine and sold all the tigers but Tony.

About 35 people work at the truck stop, including a sister of Michael Sandlin’s; a brother-in-law; a niece; a nephew; Mr. Sandlin’s mother, Virginia, who handles billing; and his domestic partner of 26 years, Scott Holbrook, who is the vice president of the truck stop as well as the video poker manager. “No mention of the person that cares for Tony, cleans his enclosure or feeds him then?”

There is also a middle-aged man named Ray Jackson, who buses tables at the restaurant and who will sing on command. Seeing him outside the Tiger Cafe, Mr. Sandlin said the word and Mr. Jackson stopped immediately and sang “Jesus Keep Me Near the Cross.”

“People get a kick out of that,” Mr. Sandlin said.

For now, there is the wait for a ruling. An immediate change is unlikely even then, but as a breed, the tiger truck stop’s days may be numbered.

“There are certainly some substandard roadside zoos,” Mr. Liebman said. “But this is the only truck stop tiger I know of.”

News Link:–http://www.nytimes.com/2013/03/28/us/truck-stop-tiger-in-louisiana-stirs-legal-battle.html?pagewanted=all&_r=0

Petition to send Tony to an accredited Sanctuary:– http://www.change.org/petitions/ldwf-ensure-tony-the-tiger-is-released-to-a-reputable-sanctuary

News from the Animal Legal Defence Fund on Tony:–http://aldf.org/article.php?id=1675

UPDATE (15) Aug 11, 2011: Mike VI, the LSU Bengal Tiger Mascot’s HABITAT

My dear friend Cloversweed has around 40 videos of Tony, taken personally with no editing. What you see is what you get. Check out the ones that show no water in the so called pool, & the one with a live kitten sat in Tony’s feed area…Cloversweed has captured a lot of evidence to suggest that  a truck stop is not  the right place for a Tiger to live. Please visit her Channel:-http://www.youtube.com/user/cloversweed

Uploaded on 13 Aug 2011

Mike, the LSU Bengal Tiger Mascot taken Aug 11, 2011
Mike the Tiger has one of the finest habitats in the USA. 
Mike’s HISTORY follows, but first please read the NOTE I have posted below concerning Tony, the “truck stop tiger”.

UPDATE #34 (01.22.13):Tony, “the Truck Stop Tiger”- A Trucker’s Opinion.Vid2

Published on 23 Jan 2013

1. NOTE: You will see ALL TONY in Video One and Tony does not look good at all… http://youtu.be/_oW85GzKEWg
PLEASE READ video description in Video ONE.

2. In this video, Video 2 of 2, Tony had just returned back to his concrete bed and this truck driver came over to try to get a picture. This gentleman also expressed his feelings/concerns about Tony’s situation. I found his views interesting.

3.TONY UPDATE: On Tuesday, February 19, 2013 the courts will hear ALDF’s oral arguments in the appeal to free Tony. 
http://aldf.org/article.php?id=2233#….
*Video ONE has been submitted to our ALDF contact and we certainly hope can be used in this hearing.

UPDATE # 35 (01.22.13):Tony, “the Truck Stop Tiger” Vid 1 OF 2

“Related articles; this is the latest, I have so many posts & videos of Tony; if your interested in reading any, just type “Tony the tiger” into the search icon; on the first page of my blog!” 

• Update On Tony The Tiger: Still Held At The Truck Stop (preciousjules1985.wordpress.com)

Federal Courts Dismiss Activists’ ‘ALDF’ Anti-Foie Gras Suit

“How can anyone think, shoving a gavage (pipe or tube) down the esophagus, of geese or ducks then force feeding them with, typically, corn boiled with fat (to facilitate ingestion) so the birds liver becomes over enlarged; so it can then be eaten as a delicacy… is totally beyond me! Of course it’s bloody cruel & barbaric, no other animal that I can think of is force fed via a tube to make any part of their body fatter for human consumption. Yes animals are given extra grain & even growth hormones but they are not force fed it via a bloody pipe…it’s savage & uncalled for; we kill enough animals to meet the demand for meat or other animal body parts! Do we really have to  force feed a bird in constant chronic pain from the tube…just for a delicacy?? What will they come up with next, pickled eyeballs, coated in vinegar daily, to get that perfect crunch?? One could say, this is almost as bad as bear bile being taken from a bear!!

Goose being force-fed so humans can dine on their enlarged livers!!

“Look at the disgusting filthy gavage (pipe) & other equipment; there is no wonder so many birds die of disease. While force feeding is required to meet the French legal definition of “foie gras”, producers outside France do not always force feed birds in order to produce fattened livers that they consider to be foie gras, instead allowing them to eat freely, termed ad libitum. Interest in alternative production methods has grown recently due to ethical concerns in gavage-based foie gras production. Such livers are alternatively termed fatty goose liver, ethical foie gras, or humane foie gras.” Source-Wikipedia

“During feeding, efforts are made to avoid damaging the bird’s esophagus, which could cause injury or death, although researchers have found evidence of inflammation of the walls of the proventriculus after the first session of force-feeding. There is also indication of inflammation of the esophagus in the later stages of fattening. Several studies have also demonstrated that mortality rates can be significantly elevated during the gavage period.”Source Wikipedia

The Animal Legal Defense Fund tried to sue the government to declare force-fed foie gras illegal, and federal courts shut it down. Inside Scoop SF reports that a lawsuit between the ALDF and the U.S. Department of Agriculture was dismissed on Friday. “Please click on the links to read more!”

The ALDF (the same anti-foie group that sued Napa restaurant La Toque) had argued that foie gras is “a diseased product unfit for human consumption,” and asked the court to step in and order the USDA to “remove foie gras from the American food supply.”

In the ruling (warning: PDF), U.S. District Judge Otis Wright explains his decision to dismiss the case: “Plaintiffs‘ voluminous submission of technical papers and data supports the Court’s view that Plaintiffs are challenging a scientific conclusion and not a legal one … this is an issue falling squarely under the USDA’s discretion by law.”

Although selling and producing foie gras is still illegal in California, the ALDF is not entitled to judicial review on this case so, for now, the rest of the country can rest easily knowing their foie is safe. “For those who partake in this delicacy…I hope it fxxxxg chokes you!”

· Court dismisses USDA foie gras lawsuit [Inside Scoop SF]
· All Foie Gras Coverage on Eater [-E-]

News Link:–http://eater.com/archives/2013/03/27/antifoie-gras-case-dismissed.php