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The Elephant In The Court

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The New York Times

Published: February 4, 2009

WASHINGTON - One of the most iconic images of American life, that of circus elephants joined trunk-to-tail as they lumber along to delight "children of all ages," as the old saying goes, is about to be debated in a courtroom.

Are the beasts docile because they are highly intelligent and respond well to training, reinforced with the promise of apples, carrots, water and kindness at day's end? Or do they obey because their spirits have been broken and they fear getting hit?

These are among the questions that will be asked when a lawsuit by a coalition of animal-rights groups against the Ringling Bros. and Barnum & Bailey circus and its parent company opens in federal court here today.

In the complaint, the plaintiffs say the circus' Asian elephants sleep and travel in cramped, filthy quarters and are routinely prodded, even bloodied, with special clubs or "bull hooks." The idea that the animals are happy "and allowed to roam free and to socialize" is an illusion created by the circus and its parent, Feld Entertainment Inc. of Vienna, Va., the plaintiffs say.

But the defendants say in court papers that the elephants are "healthy and well cared for" and that they are attended to by veterinarians around the clock. The elephants' quarters are roomy and well ventilated, heated when necessary, and tended by crews with shovels and hoses at the ready, the defendants say.

Judge Emmet G. Sullivan of U.S. District Court will try the case without a jury, at the request of the plaintiffs. They seek an injunction barring the circus from engaging in a number of practices they call cruel, including chaining the elephants for long stretches.

The plaintiffs include the American Society for the Prevention of Cruelty to Animals, the Animal Welfare Institute and the Fund for Animals.

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