In early 2017, after learning that Tony the tiger’s health was failing, we requested that the U.S. Department of Agriculture (USDA) inspect Tony under the Animal Welfare Act. We then submitted a Freedom of Information Act (FOIA) request for the inspection report and asked for expedited processing — required under FOIA when delay in providing records “could reasonably be expected to pose an imminent threat to the life or physical safety of an individual.”
The USDA denied our request because the agency considers only humans to be “individuals.” We filed a lawsuit against the USDA, challenging its narrow interpretation of “individual,” arguing that the term includes nonhuman animals whose life or physical safety is at risk.
Though Tony is gone, our fight on his behalf continues. Today the Ninth Circuit Court of Appeals heard oral arguments in our lawsuit.
Watch oral arguments in ALDF”S “Tony the Tiger: The Individual” case before the United States Court of Appeals for the Ninth Circuit fro June 12, 2019:
Animal Legal Defense Fund Director of Litigation Matthew Liebman
NOTE FROM FTTT:
Thank you Matthew and ALDF for continuing to advocate on behalf of Tony and for animals like him.
Tony touched the hearts of so many people all over the world and he will never be forgotten.
I will always be grateful to you and everyone at ALDF for your commitment to Tony and his release to a sanctuary.
I miss Tony and think of him every day. #FreeTonyTiger
From FTTT:
We will always be thankful for Animal Legal Defense Fund‘s dedication to Tony and for their relentless efforts in trying to secure his release to a reputable big cat sanctuary. Thank you ALDF for continuing to honor Tony by fighting on in his memory to ensure no other tigers are subjected to being a roadside attraction at Tiger Truck Stop. You will always have the support of Tony’s friends.
Repost from ALDF:
Like many of you, we are still mourning Tony’s passing last October. Tony was a Siberian-Bengal tiger held captive in the Tiger Truck Stop parking lot in Grosse Tete, Louisiana for years. Despite his tragic death, the Animal Legal Defense Fund continues to fight on in his memory.
Today we filed an appeal of a decision that mistakenly found that Tony could not be considered an “individual” under the Freedom of Information Act. We are challenging the decision in the United States Court of Appeals for the Ninth Circuit to ensure that animals like Tony will be protected by the Freedom of Information Act and people have speedy access to crucial information when an animal’s safety is in jeopardy.
During the last 48 hours since we learned of the death of Tony the tiger, everyone at the Animal Legal Defense Fund has been moved and comforted by the outpouring of love people have expressed for Tony. We fought multiple legal battles for over six years to free Tony and move him to a reputable sanctuary, and we still aren’t done. We have two Tony-related lawsuits that will continue in the wake of his passing and are seeking to learn more about how he died.
The first lawsuit seeks to uphold the constitutionality of the Louisiana Big Cat Ban, a 2006 law that prohibits the private possession of big cats. If successful, this lawsuit would ensure that Michael Sandlin, the owner of Tiger Truck Stop, cannot condemn another big cat to the kind of life Tony had. Sandlin is fighting hard to fill Tony’s truck stop parking lot cage with another tiger, and we will do everything we can to prevent that from happening.
The second lawsuit concerns the United States Department of Agriculture’s (USDA) refusal to recognize Tony as an “individual.” In April, the Animal Legal Defense Fund requested that the USDA conduct an inspection of Tony after learning that his health was in decline. We submitted a Freedom of Information Act (FOIA) request for the inspection report and requested expedited processing, which FOIA requires when delayed disclosure “could reasonably be expected to pose an imminent threat to the life or physical safety of an individual.” Our request for expedited processing was denied because the USDA asserted that Tony is not an “individual.” In July, we sued the USDA for failure to recognize Tony as an “individual.” A victory in this lawsuit would enable the public to quickly obtain crucial information essential to protecting an animal’s wellbeing.
In addition, in the wake of Tony’s death we have made a request under the Louisiana Public Records Act, for a copy of Tony’s necropsy (an examination to determine the cause of death or disease) performed by Louisiana State University, where Tony died. We will carefully review it to determine what caused the alleged renal failure that led to Tony’s tragic death, and ensure it was not the result of improper care or treatment.
It is a tragedy that our years of litigation could not free Tony before his death. As Tony aged and his health appeared to decline, we feared this would happen, but the Animal Legal Defense Fund does not give up. We join the many advocates across the world in remembering Tony this week, and we promise to keep you updated on our work on behalf Tony and other animals like him.
BATON ROUGE, La. – The Animal Legal Defense Fund filed a lawsuit against the United States Department of Agriculture for refusing to recognize a captive tiger as an “individual” whose physical safety is at risk and refusing to expedite the organization’s public records request. The Animal Legal Defense Fund is seeking records under the Freedom of Information Act (FOIA) related to the health and well-being of Tony the Tiger, who has been confined at the Tiger Truck Stop in Grosse Tete for 16 years.
The Animal Legal Defense Fund sought expedited processing, which FOIA requires when delayed disclosure “could reasonably be expected to pose an imminent threat to the life or physical safety of an individual,” namely Tony the Tiger. The USDA erroneously denied the Animal Legal Defense Fund’s request, asserting that Tony is not an “individual” because the term applies only to humans. The Animal Legal Defense Fund does not agree.
Upon denial of the expedited request, the Animal Legal Defense Fund filed an administrative appeal challenging the USDA’s decision—which was constructively denied based on the USDA’s failure to resolve the appeal within the statutorily required time period.
Both in the administrative appeal and lawsuit, the Animal Legal Defense Fund argues that Tony the Tiger is an “individual” within the plain meaning of that term. Merriam-Webster defines “individual” as “a particular being or thing as distinguished from a class, species or collection,” which Tony certainly is. Merriam-Webster even includes a usage example specific to a tiger: “[t]he markings on tigers are unique to each individual.”
“The USDA is charged with protecting the interests of animals—yet it erroneously excludes animals from the scope of provisions intended to allow prompt public access to information that might be necessary to ensure the safety and protect the lives of the very animals they are responsible for protecting,” says Animal Legal Defense Fund Executive Director Stephen Wells. “The American people have a right to access information quickly when an animal’s life and safety are on the line.”
Free Tony The Tiger 