Archive for the ‘Frederick Whitrock’ Tag

Judge denies tiger appeal   Leave a comment

Advocate staff file photo by PATRICK DENNIS Tony, the Siberian-Bengal tiger on display at the Tiger Truck Stop in Grosse Tete, on Dec. 2, 2010.

BY JOE GYAN JR.
Advocate staff writer
May 05, 2012

A judge refused Thursday to order the state Department of Wildlife and Fisheries to remove Tony the 550-pound tiger from a Grosse Tete truck stop enclosure where he has been kept for more than a decade.

State District Judge Mike Caldwell cited the separation of powers between the judicial and executive branches of government, and also said the Animal Legal Defense Fund and several other individually named plaintiffs lacked legal standing to try to compel LDWF to take action against the truck stop.

ALDF attorney Erin Pelleteri argued during a hearing that Tiger Truck Stop’s state permit for the Siberian-Bengal tiger expired Dec. 31. She said Michael Sandlin, owner of the Iberville Parish truck stop, is “blatantly’’ violating Louisiana law and endangering the public, and should be prosecuted.

“There is no permit in place. Mr. Sandlin is in violation of the law,’’ Pelleteri argued. “The department is doing nothing.’’

Jennifer Treadway Morris, an attorney for Sandlin and his truck stop, countered that the facility has a federal permit to house the tiger. She also disputed Pelleteri’s safety allegation.

“There is no public safety concern here,’’ Morris told the judge.

Sandlin, who attended the hearing, said afterward he loves tigers.

“I love Tony. I love (LSU’s) Mike the tiger,’’ he said. “The people of Grosse Tete want Tony to stay.’’

LDWF attorney Fred Whitrock argued during the hearing that ALDF and the individual plaintiffs, including Baton Rouge resident Brandi Sutten, have no direct interest in the outcome of the case but are merely morally opposed to Tony being displayed at the truck stop off Interstate 10.

“That is not sufficient for legal standing,’’ he said.

Sutten testified she visits Tony from time to time and finds it “emotionally draining’’ to see a tiger housed near an interstate, something she considers “inappropriate’’ and “absolutely crazy.’’

Morris told Sutten there are neighborhoods closer to Exxon’s Baton Rouge refinery than Tony is to the highway. After Sutten testified she has never visited Mike the tiger at LSU, Morris asked her if she is generally opposed to tigers being kept in cages or just opposed to Tony the truck stop tiger.

“Just Tony,’’ she acknowledged.

In response to an earlier ALDF lawsuit against LDWF, Caldwell last year barred the state agency from issuing any new permits to Tiger Truck Stop to keep 11-year-old Tony there. Sandlin has appealed that ruling to the state 1st Circuit Court of Appeal.

Caldwell said a state permit can be issued only to an individual, not a corporation, and Tiger Truck Stop is the permit holder, not Sandlin.

If Sandlin’s appeal is ultimately denied, LDWF has said it would give Sandlin 30 days to move Tony to a sanctuary of Sandlin’s choosing.

Sandlin, in a suit he filed against the state and Iberville Parish in January, is challenging the constitutionality of a 2006 state law that banned private ownership of large and exotic cats.

The state law includes a grandfather exception that allows people to keep exotic cats as pets as long as the animals were legally owned before Aug. 15, 2006, when the law went into effect.

ALDF contends Tony was not legally owned by Tiger Truck Stop before that date because a 1993 Iberville Parish ordinance prohibits anyone from owning wild, exotic or vicious animals for display or exhibition.

Sandlin’s suit also says the ordinance is unconstitutional. He argues the ordinance does not have an exception for persons with proper permits under federal law.

ALDF has filed a petition to intervene in Sandlin’s suit. State District Judge Janice Clark is scheduled to hold a hearing on that request Monday.

http://theadvocate.com/home/2727217-125/judge-denies-tiger-appeal

Judge: Tiger must be moved   Leave a comment

Bill Lodge
Advocate staff writer
November 03, 2011
 
Tony, a 550-pound Siberian-Bengal tiger, is not permitted by Louisiana law to remain at a Grosse Tete truck stop, state District Judge Mike Caldwell ruled Wednesday in Baton Rouge.

Caldwell issued a similar ruling in May, but the state’s 1st Circuit Court of Appeal directed him to hold a second hearing that included arguments on behalf of Michael Sandlin, owner of Tiger Truck Stop Inc. near Interstate 10 in Iberville Parish.

“The intent of the law is on my side,” Sandlin insisted after the hearing.

Sandlin and his attorney, Steve LeBlanc, said Caldwell’s latest decision will be appealed.

LeBlanc said he will ask the 1st Circuit to permit a suspensive appeal, which would allow Sandlin to keep Tony at the truck stop until after an appellate decision has been rendered.

Caldwell concluded Wednesday that the Louisiana Department of Wildlife and Fisheries violated its own rules by exempting Sandlin and Tiger Truck Stop from permit requirements for owners of big cats.

Caldwell ordered Wildlife and Fisheries to pay all costs of the proceedings, which were initiated by a civil suit filed by the nonprofit Animal Legal Defense Fund.

Frederick Whitrock, attorney for Wildlife and Fisheries, would not comment on Caldwell’s decision after the hearing.

Bo Boehringer, deputy press secretary for Wildlife and Fisheries, later said: “The judge’s decision is being reviewed right now. We don’t have a statement at this time.”

Lisa Franzetta, communications director for the Animal Legal Defense Fund, said Caldwell’s ruling was in the best interest of the tiger and public safety.

“We believe Tony shouldn’t be kept there,” Franzetta said. “He shouldn’t be kept at a truck stop as a roadside show.”

Franzetta added the big cat should “live out his life in an accredited sanctuary.”

If he loses his appeals, Sandlin said, “Where Tony goes is up to me.”

Sandlin said he would send Tony to GW Exotic Animal Park in Wynnewood, Okla.

“If I had to relocate him tomorrow, that’s where he would go,” Sandlin added.

“That’s not an accredited sanctuary,” Franzetta said. She added that the Animal Legal Defense Fund will research state laws for a means of sending Tony to such a sanctuary.

“That’s our endgame in this case,” Franzetta added.

http://theadvocate.com/news/1231711-123/judge-tiger-must-be-moved.html

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