ASPCA SETTLES CIRCUS LAWSUIT, MUST PAY $9.3 MILLION

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The American Society for Prevention of Cruelty to Animals (ASPCA) must pay Feld Entertainment, parent company of the Ringling Brothers Barnum and Bailey Circus, $9.3 million to settle a lawsuit the company filed after animal rights activists claimed the circus abused elephants, the Washington Post reported on December 28. That’s the good news.

The bad news? The lawsuit took twelve years and cost the company $22 million in legal fees.

The litigation began in 2000, when a circus worker, backed by several leading animal rights groups, filed a lawsuit claiming that the circus abused elephants. It was later discovered that the worker had been paid more than $190,000 by the animal rights organizations to testify to the alleged abuse.

In 2009, the court ruled in favor of the circus, finding the witness and his testimony "not credible." That’s when Feld Entertainment struck back, suing the animal rights groups and the circus worker for conspiring to harm the company’s business and other violations of law under federal racketeering (RICO) statutes.

ASPCA is the only animal rights group to settle so far. Twelve other groups, including the Humane Society of the United States (HSUS), the Animal Welfare Institute and The Fund for Animals, are still in litigation.

Feld Entertainment Chairman Kenneth Feld said that the settlement was a vindication for the company and its employees.

“These defendants attempted to destroy our family-owned business with a hired plaintiff who made statements that the court did not believe.  Animal activists have been attacking our family, our company, and our employees for decades because they oppose animals in circuses. 

"This settlement is a vindication not just for the company but also for the dedicated men and women who spend their lives working and caring for all the animals with Ringling Brothers in the face of such targeted, malicious rhetoric,” Feld said.

 

GREY2K CROSSES ETHICAL LINE BY STEALING NGA MEMBER PHOTOS

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Most people in the racing and adoption community have become accustomed to watching Grey2K USA lie, distort and deceive the public about greyhound racing. Even so, Carey Theil’s December 26 blog about “the video greyhound breeders don’t want you to see” has many scratching their heads.

The reason? The “secret” photos Theil hypes so dramatically in his latest fundraising video have been available online for months—courtesy of at least two NGA members, who liked the pictures so much they posted them for public viewing.

“Our members posted these photos to their own websites some time ago, so the public could see how well greyhounds are cared for at every stage of their lives,” said NGA Executive Director Gary Guccione. “They were meant to be seen, for sure, but not to be stolen and misused by Grey2K for its own financial benefit. Once again, this ethically-challenged organization has crossed the line.”

 
Former greyhound breeder Wendy Brotherton and retired communications professor Ray Wong, who now races greyhounds, were two whose photos were used without notice or permission by Grey2K. The photos were woven into a typical “tear-jerk” fundraising video, accompanied by dark, brooding piano music and grim black title slides to convey a negative impression—even though the pictures themselves show well-treated, content greyhounds in a variety of settings.
 
“The only thing missing is the mournful vocals of Sarah McLachlan,” said Guccione, referring to a frequently aired fundraising commercial for Humane Society of the United States (HSUS).
 
Brotherton and Wong lodged protests when Grey2K posted the fundraising video, complete with stolen photos, on YouTube. However, YouTube rules provide little recourse for anyone whose material has been misused after being posted on the site. Federal courts are still deciding how to apply traditional copyright protections to online material.
 
Grey2K went to extreme lengths to defend its theft of material against Brotherton’s challenge. Grey2K founder and attorney Christine Dorchak, who is married to the group’s co-founder, Carey Theil, sent YouTube a lengthy legal memorandum explaining all the reasons why Grey2K believes it has the right to use any material posted on the internet without permission, in part because the use is “non-commercial.” She omitted to mention that the material was used for fundraising purposes, which arguably could be considered commercial.
 
Although it is not yet clear whether any laws were violated by the unauthorized use, Guccione said Grey2K’s actions were clearly unethical—but typical. “We’re disappointed but not surprised,” said Guccione. “We expect this kind of thing from Grey2K. Apparently they’ve decided that telling the truth and treating others with respect just doesn’t raise enough money.”
 

 

LESLEY EZKOVICH WINS 2012 GAPY AWARD

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The 2012 Greyhound Adoption Person of the Year is Lesley Tierney Ezkovich, co-founder of It’s a Grey Area Greyhound Adoption in Pearl River, Louisiana. Ezkovich was selected from sixteen nominees for the prestigious award, which will be presented at the February meeting of the American Greyhound Council (AGC) and the American Greyhound Track Operators Association (AGTOA) in Las Vegas.
 

 
Ezkovich founded It’s a Grey Area in 2010, but her involvement with greyhounds and racing goes back more than twenty years. An owner of active racers herself, Lesley is known as a dedicated advocate who has built strong relationships with other greyhound owners, trainers, adoption groups and prospective adopters.
 
“This award isn’t about me,” said Ezkovich when notified of her selection. “It’s really for my entire organization. We have an amazing group of volunteers, and they are the ones who make it possible for us to do what we do for greyhounds.”
 
Those who nominated Ezkovich for the honor described her as a  “hero,’ a “wonderful motivator and organizer,” and a tireless advocate for greyhounds at every stage of their lives. One nominator who has adopted three greyhounds from It’s a Grey Area wrote, “Lesley has an uncanny ability to match the right hound with the right family. She is totally deserving of the honor of 2012 Greyhound Adoption Person of the Year.”
 
It’s a Grey Area is known for its commitment to ensuring that every greyhound transitions successfully to retired life in its adoptive home. In addition to placing greyhounds, the organization provides help and support to adoptive owners whose greyhounds are having difficulty adjusting to home life, or dealing with health or behavioral issues. The group also assists in finding lost greyhounds and reuniting them with their owners.
 
AGC spokesman Gary Guccione said, “We had sixteen outstanding nominees this year, and it was a challenge to single out one individual. But Lesley’s record of dedication, commitment and service made her an obvious choice.”
 

Ezkovich and her husband will be the guests of AGC at the February award presentation, where she also will receive a $500 check for her organization. 

AGC ANNOUNCES 2012 GREYHOUND ADOPTION AWARD NOMINATIONS

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The winner of the 2012 Greyhound Adoption Person of the Year (GAPY) award will be one of sixteen dedicated volunteers nominated for their outstanding contributions to greyhound adoption over the past year. American Greyhound Council (AGC) spokesperson Gary Guccione said the sixteen nominations were a new record.
 

“These individuals have been singled out by their peers in the adoption community for doing exceptional work,” Guccione said. “We are honored by their efforts, and by the participation of those who nominated them.”
 
The 2012 GAPY award has been designated as the Linda A. Jensen Trophy, in honor of the 2010 award winner from Plainfield CT, who passed away earlier this year. The winner will be announced on December 21 on the AGC website.
 
Other past winners include Ann Bollens, FL (2011); Teddy Palmer, OK (2009); Dennis Tyler, FL (2008); and Cheryl King, TX (2007). 
 
The 2012 GAPY nominees are:
 

•    Wanda Abeyta, Tucson AZ, Greyhound Pets of America Tucson

 

•    P. J. Anderer, Baltimore MD, Baltimore Area Greyhound Rescue

 

•    Melony Cleveland, Birmingham AL, McGregor Greyhound Welfare Center

 

•    Vicki Cohen, West Memphis AR, Mid-South Greyhound Adoption Option

 

•    Suzanne Ewing, St. Petersburg FL, Pocono Greyhounds

 

•    Lesley Ezkovich, Pearl River LA, It’s a Grey Area Greyhound Adoption

 

•    Judith & Douglas Gilmour, West Haven CT, Connecticut Greyhound Adoption

 

•    Susan Hendess, Madeira Beach FL, Greyhound Pets of America

 

•    Stu Homer, Walnut Creek CA, Golden State Greyhound Adoption

 

•    Barbara Masi, Bounton Beach FL, Greyhound Pets of America

 

•    Brenda Pennix, Cincinnati OH, Greyhound Adoption of Greater Cincinnati

 

•    Alane Shultz, Springfield MO, Greyhound Pets of America-Springfield

 

•    Shirley Smith, Quebec CANADA, Greyhound Rescue Quebec

 

•    Monica Smith-Rigo, St. Petersburg FL, Greyhound Support Transport

 

•    Susan Taylor, Thornton CO, Friends of Retired Greyhounds

 

•    Mary Ann Tolliver, Madeira Beach FL, Greyhound Pets of America Tampa Bay

 

NGA BANS KENNEL OPERATOR FROM GREYHOUND BUSINESS

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On November 7, the Board of Directors of the National Greyhound Association (NGA) took special action banning kennel operator Saul J. Mays from any further involvement with NGA-registered greyhounds. The Board also took action prohibiting any NGA member from conducting greyhound business with Mays. The lifetime ban is the most serious penalty available under NGA rules.
 

 Mays had been operating a racing kennel at Jefferson County Kennel Club (JCKC) in Monticello, Florida, until the track closed for the season in late September. Track officials have indicated that he will not be permitted to return next season.
 
NGA Executive Director Gary Guccione said Mays was banned for conduct deemed discreditable, including improper care of a number of greyhounds turned over to adoption organizations at the end of their racing careers. Adoption organizations and racing community members provided statements used as evidence in the disciplinary hearing.
 

“We take situations like this very seriously,” said Guccione. “Thanks to the vigilance of adoption groups and involvement from the greyhound racing community, we’ve been able to ensure that no racing greyhounds will ever be at risk again at the hands of Mr. Mays.” 

HSUS LITIGATIONS SIGNAL RADICAL LONG-TERM GOAL

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All those lawyers representing the Humane Society of the United States (HSUS) have more on their plate than just defending the animal rights organization against federal racketeering charges. They’re also laying the groundwork for establishing legal rights for animals, according to Humanewatch.org, a national organization that opposes animal rights extremism.

A recent article on the Humanewatch website described the HSUS litigation group, headed by vegan attorney Jonathan Lovvorn. The group includes 25 paid in-house attorneys, assisted by an estimated 2,000 pro bono lawyers.
 
According to Humanewatch, HSUS lawyers are litigating particular cases that will pave the way for more radical suits in the future. The article quotes Lovvorn as saying, “The situation with regard to the property status of animals, the courts, Article III and our ability to get what we want is frustrating.”
 
Lovvorn’s former colleague, Katherine Meyer, reportedly said, “This is not going to divulge any great secret, but a lot of us here in this room are looking for the right sets of facts to bring those first guardian ad litem cases. This is where we are going. The way you get there is by bringing other cases first.”
 
The issue of “guardianship” has become a hot one for pet owners, livestock breeders and others who work with animals on a daily basis. In several cases, animal rights groups have pushed for legislation to change “pet owner” to “pet guardian” in city and state animal control laws.
 
Although extremists have claimed that this change is innocuous and merely intended to promote better animal welfare practices, there’s actually a much more dangerous legal precedent at stake—a precedent that goes to the very heart of the relationship between humans and the animals they care for.
 
The National Animal Interest Alliance (NAIA), a broad-based organization that supports responsible animal welfare and animal owners, says such a change is the first step in an incremental strategy to deny humans the right to own animals at all.
 
“The guardianship campaign is run by animal rights activists who believe that animals should not be owned or used by human beings,” said NAIA founder and President Patti Strand. “These radicals equate animal ownership with human slavery. Their ultimate goal is to use guardian laws to give animals higher standing in court, and to tighten restrictions on animal activities they don’t like—whether or not those restrictions make sense from an animal welfare perspective.”
 
AGC spokesperson Gary Guccione said that these issues have serious implications for the greyhound community, and the greyhounds themselves.
 
“In our world, the responsibility for greyhound care ultimately rests with the owner,” he said. “If ownership becomes irrelevant, it’s much tougher to enforce our rules and ensure proper care for our dogs. Ownership brings accountability; it’s that simple.”
 
Visit the NAIA website to learn more about the organization’s national campaigns in support of responsible animal welfare policies at the local, state and federal level.
 

HSUS GETS ANOTHER “D” RATING FROM CHARITY WATCHDOG GROUP

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Humanewatch.org, the consumer organization that speaks out against animal rights extremism, is reporting that the Humane Society of the United States (HSUS) has received another "D" grade from a leading indepdendent charity watchdog group, the American Institute of Philanthropy’s Charity Watch–for the second year in a row.

According to a September 20 post on the Humanewatch website, HSUS received the "D" grade for "spending paltry amounts on their programs and maintaining high fundraising costs." Charity Watch found that HSUS spends as little as 50 percent of its budget on programs, and spend as much as 48 cents to raise every dollar.

Humanewatch ends the post with an editorial comment our readers will appreciate. "HSUS is a factory fundraising machine," they conclude, "and a deceptive one at that."

 

GAPY NOMINATION DEADLINE EXTENDED TO OCTOBER 1

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If you’ve been thinking about submitting a nomination for the 2012 Greyhound Adoption Person of the Year Award but haven’t yet gotten around to it, you’re in luck. AGC spokesperson Gary Guccione said today that the September 1 nomination deadline has been extended to October 1.

"The later date of our fall meeting this year made it possible to give folks a little more time to get their nominations in," Guccione said. He quipped, "We’ve been meaning to give the procrastinators a little more time, but kept putting it off."

Nominations may be submitted here.

BELTWAY AD HIGHLIGHTS HSUS DECEPTION, LEGAL PROBLEMS

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A July 31 full-page ad in the Capitol Hill newspaper Politico blasted the Humane Society of the United States (HSUS) for spending millions of dollars on executive salaries and pensions, investments and legal fees instead of animal shelters. A Washington, DC-based watchdog group, HumaneWatch.org, paid for the ad, whose headline quotes HSUS President Wayne Pacelle as saying, “We never said we funded animal shelters.” 
 

 

 

 

 

 

 

 

 

 

 

 

 

The Politico ad notes that HSUS is currently defending itself in federal court against allegations leveled under the Racketeer Influenced and Corrupt Organizations (RICO) Act. The RICO law was passed in 1970 to help federal authorities prosecute organized crime cases. 

 
The RICO allegations are part of a countersuit against HSUS and other animal rights groups by Feld Entertainment, the parent company of Ringling Brothers Barnum and Bailey Circus. Background and current information on the lawsuit is available on the HumaneWatch website.
 
The legal battle goes back more than ten years, when a coalition of animal rights groups, including HSUS, sued Feld Entertainment for allegedly abusing elephants in violation of the Endangered Species Act (ESA).  In 2009, a federal court dismissed the charges against Feld, and last fall, a federal appeals court upheld the dismissal.
 
As a result of evidence gathered in that action, Feld countersued, alleging under the RICO statute that the animal rights plaintiffs had paid certain key witnesses to lie about the treatment of elephants in the circus. The HSUS and its co-defendants tried to get the countersuit dismissed, but last month, a federal district court judge in Washington, DC, denied their motion, and ruled that Feld’s RICO suit can move forward. 
 
HumaneWatch reports that Feld is still hoping to recover $20 million in attorneys’ fees from HSUS and the other plaintiffs in the original suit. If the company is successful, HSUS donors will end up paying the bills.

AGC URGES PETCO FOUNDATION TO STOP FUNDING GREY2K

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The American Greyhound Council (AGC) has sent a letter to Petco Foundation Executive Director Paul Jolly, urging him to remove Grey2K USA from the Foundation’s list of eligible grant recipients because the animal rights group provides virtually no direct services to benefit greyhounds.
 
ACTION ALERT: Visit Petco Foundation’s Facebook page to let the organization know how you feel about its funding of Grey2K USA. Tweet your views to @PETCOfoundation.
 

Reacting to news that the philanthropic arm of Petco, a leading national pet supply chain, has donated $1,000 to Grey2K USA, AGC spokesperson Gary Guccione said, “If you wish to support organizations that work constructively on behalf of greyhound welfare, we would encourage you to support many of the hundreds of mainstream adoption organizations whose efforts actually benefit greyhounds.”

In the letter, Gary expressed surprise that the Petco Foundation “would want to associate itself with, and be supportive of” the radical political agenda that Grey2K has pursued for the past decade.

“You may not be aware that Grey2K USA provides no direct services, and makes no direct contribution, to the welfare of racing greyhounds,” Guccione wrote. “In fact, Grey2K is a political action organization. Its stated mission is to put an end to all greyhound racing, either through legislative action or through voter initiatives.”

Petco’s support of Grey2K has “sent a very negative message to thousands of greyhound breeders, kennel operators, track personnel and adoptive greyhoundowners who are loyal Petco customers,” concluded Guccione.