Archive for the ‘Tony’ Tag

Animal Legal Defense Fund Demands Feds Recognize Tony the Tiger as an “Individual” Protected by the Freedom of Information Act   Leave a comment

Posted on May 24, 2017

Appeals USDA’s Denial of Expedited Processing of FOIA Request

Contact:
Natalia Lima, 201-679-7088, nlima@aldf.org

BATON ROUGE, La. – The Animal Legal Defense Fund has filed an administrative appeal, urging the United States Department of Agriculture to recognize a captive tiger as an “individual” whose physical safety is at risk and to expedite the group’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.

But the Animal Legal Defense Fund’s appeal demonstrates 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.”

“Federal law recognizes a strong public interest in protecting the interests of non-human animals,” says Animal Legal Defense Fund Executive Director Stephen Wells. “It is troubling that the USDA, an agency charged with protecting the interests of animals, has erroneously excluded animals from the scope of a provision intended to allow prompt public access to information in situations where it might help safeguard the safety or life of the very animals the USDA is responsible for protecting. When animals’ lives are on the line, the American people have a right to speedy access to information that might prevent suffering.”

http://aldf.org/press-room/press-releases/animal-legal-defense-fund-demands-feds-recognize-tony-the-tiger-as-an-individual-protected-by-the-freedom-of-information-act/

ALDF’s Tony Eliseuson on Tony The Tiger Case   Leave a comment

If you missed ALDF’s Tony Eliseuson taking about Tony yesterday morning, you can listen here: http://talk1073.com/2017/05/19/new-legal-maneuvers-in-battle-over-tony-the-truck-stop-tiger/

New legal maneuvers in battle over Tony, the Truck Stop Tiger

AMBR’s Kevin Gallagher talks with Anthony Eliseuson, attorney for the Animal Legal Defense Fund, about that groups latest efforts to wrest Tony away from Tiger Truck Stop Owner Michael Sandlin and place him in a reputable big cat sanctuary. Click below to hear the interview.

Animal Legal Defense Fund Files Summary Judgment in Tony the Tiger Case   Leave a comment


By: Lauren McCoy
Posted: May 18, 2017 01:17 PM CDT
Updated: May 18, 2017 06:26 PM CDT

Direct Link: http://www.brproud.com/news/local-news/animal-legal-defense-fund-files-summary-judgment-in-tony-the-tiger-case/716559241

BATON ROUGE, LA (LOCAL 33) (FOX 44) – The long-fought battle to keep a tiger named Tony at the Tiger Truck Stop in Gross Tete continues this week. The Animal Legal Defense Fund filed a motion for a summary judgment in this case.

“It’s a procedure that allows the court to enter a final judgment in a case when a party can show that the undisputed facts that demonstrate that they’re entitled to judge as the matter of law,” said Tony Eliseuson, a senior staff attorney at ALDF.

Eliseuson said the group is challenging two legal tactics made by Mike Sandlin, the owner of Tony and Tiger Truck Stop, in this case.  Back in 2012, Sandlin filed a lawsuit against Louisiana’s ban on private ownership of big cats saying it is unconstitutional. The state later established a law exempting Sandlin from the ban.

“In this summary judgment motion, we’ve attacked both of those issues. So, we’ve told the court that the big cat ban is constitutional, and then the second thing we’ve done is we’ve challenged that special law that was designed to just benefit Michael Sandlin and to only benefit Tiger Truck Stop because that violates the Louisiana constitution,” explained Eliseuson.

So, what’s next?

“Then ultimately, there will be a hearing before the court that has to take place. It can’t happen any sooner than 30 days. So, we’re hoping it happens close to that 30 day mark, but then ultimately, the court has the power to grant our motion and that would end the case. The opposing parties would have the right to appeal of course, but it would be a final judgment. The net result of that would be that the Louisiana Department of Wildlife and Fisheries would have the authority then to take Tony and move him to a sanctuary,” concluded Eliseuson.

Local 33 and Fox 44 are still waiting to hear back from Sandlin.  We are told he will get back to us when he gets into work. Sandlin has told Local 33 and Fox 44 in the past that he will continue to fight to keep Tony, no matter the circumstances.

If you want to learn more about this case, click here.

FRIDAY MAY 19 2017 @ 7:15am CST ALDF’s Tony Eliseuson Discusses Tony   Leave a comment

Animal Legal Defense Fund attorney Tony Eliseuson is on Talk 107.3 at 7:15 AM CST in Louisiana tomorrow (FRIDAY MAY 19th) to discuss Tony the Tiger. Tune in!

Click: http://talk1073.com/ and then “LISTEN LIVE” on the right-hand side.

Important Update to the Tony the Tiger Case   Leave a comment

Thank you Tony Eliseuson, Animal Legal Defense Fund Senior Staff Attorney for posting this update about Tony on Linked In.

The Animal Legal Defense Fund filed a summary judgment motion asking the Court to enter a final judgment that will end this six-year legal battle and enforce the Louisiana Big Cat Ban as to Tony, who has unfortunately spent the last 16-years of his life trapped at the Tiger Truck Stop.

This Motion is a significant development in the case as it attacks the two legal tactics used by Tiger Truck Stop to avoid a prior judgment from 2013 that was entered in the Animal Legal Defense Fund’s favor. If this Motion is granted, it should allow the Louisiana Department of Wildlife and Fisheries to take possession of Tony and move him to a naturalistic home at a reputable sanctuary that he has deserved for 16 years.

Read more at the Animal Legal Defense Fund’s website: http://aldf.org/press-room/press-releases/animal-legal-defense-fund-files-motion-for-summary-judgment-to-free-tony-the-tiger-once-and-for-all/

 

Animal Legal Defense Fund Files Motion for Summary Judgment to Free Tony the Tiger Once and for All   Leave a comment

Posted on May 18, 2017

Naturalistic Habitat at Reputable Sanctuary Awaits Long-Suffering Tiger

Contact:
Natalia Lima, 201-679-7088, nlima@aldf.org

BATON ROUGE, La. – The Animal Legal Defense Fund has filed a motion for summary judgment that would at long last resolve the years-long legal battle over the fate of Tony, the 16-year-old tiger held in a cage at the Tiger Truck Stop in Grosse Tete.

Tony has attracted the attention of animal lovers nationwide for the impoverished conditions of his captivity and the lengths to which Tiger Truck Stop has gone to continue profiting off the tiger’s misery.

A lawsuit, filed by Tiger Truck Stop owner Michael Sandlin in 2012, argues that Louisiana’s 2006 ban on private ownership of big cats is unconstitutional. Sandlin has been able to maintain captivity of Tony despite the ban because he has challenged the constitutionality of the big cat ban and also successfully lobbied Louisiana to pass Act 697, a law exempting Sandlin – and only Sandlin – from the big cat ban. Sandlin’s lawsuit is intended to allow Sandlin to buy and exploit another tiger after Tony dies.

The Animal Legal Defense Fund’s motion for summary judgment challenges both of these legal tactics employed by Sandlin to keep Tony at the truck stop. The motion demonstrates Louisiana’s common sense ban on private possession of big cats was an appropriate and constitutional exercise of the state’s authority. The motion also demonstrates the “special law” exempting Sandlin from the big cat ban was unconstitutional. If the court agrees with the Animal Legal Defense Fund and upholds the ban while striking down the exemption, Sandlin’s possession of Tony will again be illegal and the Department of Wildlife and Fisheries will have a duty to intervene on Tony’s behalf.

“Tony could have been moved to a reputable sanctuary years ago. A reputable facility has a standing offer to welcome him, but Tony’s owner is intent on placing his personal profit over the tiger’s well-being,” says Animal Legal Defense Fund Executive Director Stephen Wells. “We remain hopeful that the legal system will do right by the law and allow Tony to live the rest of his life away from diesel fumes and roaring highway noise.”

The Animal Legal Defense Fund thanks the law firms Jones Walker, Proskauer Rose, and Baker Donelson for providing pro bono representation in the case.

http://aldf.org/press-room/press-releases/animal-legal-defense-fund-files-motion-for-summary-judgment-to-free-tony-the-tiger-once-and-for-all/

ALDF: “We will continue fighting for Tony, in Candy’s honor”   Leave a comment

From Stephen Wells – Executive Director of The Animal Legal Defense Fund | April 24, 2017

On Friday afternoon, the Animal Legal Defense Fund received devastating news; Candy the chimpanzee had died. To hear of any animal’s death is heartbreaking, but losing Candy was especially difficult. For decades, Candy was held captive at Dixie Landin’ amusement park in Baton Rouge, Louisiana in lonely, cramped captivity and without any interaction with other chimps. Her isolation was torture.

In November 2015 we filed a lawsuit against Sam Haynes and the Dixie Landin’ amusement park under the Endangered Species Act (ESA) for inhumanely confining Candy in isolation and neglecting her welfare. We also made multiple offers to transfer her to a sanctuary capable of meeting the needs of such a complex, intelligent, social creature. It is a tragedy that Candy spent her final days in such conditions.

I’m writing to tell you about this today because I want you to know that we will never stop fighting for animals like Candy. Everyone here at the Animal Legal Defense Fund is heartbroken over Candy, but this terrible loss highlights the urgency of similar cases of animals in captivity.

For six years we have had litigation pending to release Tony, a 16-year-old tiger in potentially declining health held captive at a truck stop less than an hour away from where Candy was held. I assure you that we will continue fighting for Tony, in Candy’s honor. 

I wish I never had to write to you with such sad news, but it’s important to us at the Animal Legal Defense Fund that everyone knows we will never forget Candy, and we will never stop working to save animals like her and Tony.

Thank you for your tireless effort to help us release Candy from her barren cage. May she rest in peace now.

For the animals,

Stephen E. Wells
Executive Director

https://org2.salsalabs.com/o/5154/t/19504/blastContent.jsp?email_blast_KEY=1391023

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