PETA wins lawsuit appeal against Monterey Zoo

MONTEREY, Calif. (KION-TV)- This past Friday, a Sixth District California Court of Appeal ruled in PETA's favor that the Monterey Zoo did not establish its use of canes to poke, prod and control elephants as a stand in for bullhooks.

The ruling will allow PETA will move forward with its lawsuit alleging the zoo has engaged in unlawful business practices by using canes as weapons which violates the state's ban on bullhooks and other devices that are designed to inflict pain for the purpose of training or controlling the behavior of an elephant.

The suit alleges that the Zoo has violated California worker protection laws by controlling the elephants with circus-style free contact. That means handlers share the same unrestricted space with elephants and use force and punishment to make them obey.

“For years, workers at this facility have physically and mentally tormented elephants by using weapons on them in apparent defiance of state law,” PETA Foundation General Counsel Caitlin Hawks said. "PETA can now proceed in its lawsuit to compel the Monterey Zoo to end it use of these cruel practices.”

PETA says that elephants that have been held at the Monterey Zoo have died under questionable circumstances. One elephant was euthanized after being unable to stand due to a painful joint condition. Another elephant's death was hidden from the public but a necropsy revealed that she had ingested a large amount of sand that blocked and ruptured her large intestine.

The zoo is no longer entitled to collect its attorney fees and costs from PETA. They will now have to pay PETA's costs on appeal.

We have reached out to the Monterey Zoo for a comment about the lawsuit in regards to these allegations and here is what they said in a statement.

We are disappointed with the Court of Appeal’s decision reversing the Superior Court’s original ruling, as we do not believe the First Amendment protects only one viewpoint or one manner of speech.  PETA falsely suggests that the appellate court issued rulings about the quality or appropriateness of the Zoo’s elephant management and care.  The Court did no such thing.   According to our legal counsel, the appellate decision focused on a narrow procedural mechanism that would have terminated PETA’s lawsuit early.  In fact, the California Department of Fish and Wildlife as well as the United States Department of Agriculture investigated PETA’s allegations and found that Monterey Zoo was employing appropriate animal management practices. Cal-OSHA, after an investigation, also allowed Monterey Zoo to continue handling its elephants in free contact.  The Court of Appeal decision said nothing about the merits of the case and we believe that ultimately the trial court would determine that PETA’s case has no merit.  In fact, PETA’s case is now moot, as Monterey Zoo no longer houses elephants.  Accredited by the Zoological Association of America, Monterey Zoo is proudly a community-supported effort that is hopeful that it can return to what it does best – providing excellent animal care and unique, educational experiences that benefits world-wide animal conservation and celebrates the bond between people and animals. 

Charlie Sammut - President of Monterey Zoological and Vision Quest Ranch