Zoo Animal Abuse Public Nuisance Claims Survive Dismissal

The Animal Legal Defense Fund can proceed with public nuisance claims against a Washington State game farm that allegedly abuses endangered gray wolves, bears, tigers, and other animals, a federal court in Washington ruled.

Olympic Game Farm admitted it was not accredited to possess or display Roosevelt Elk and therefore violated state law, the U.S. District Court for the Western District of Washington said. The fund therefore adequately stated a public nuisance claim, it said.

ALDF also contends the roadside zoo in Sequim, Wash., is violating the Endangered Species Act and state animal cruelty laws in its mistreatment of the confined wildlife. The zoo sought only to dismiss public nuisance claims filed in the case.

Public nuisance cases generally may only be brought by private parties, rather than government officials, when they demonstrate a special injury beyond that suffered by the public, the court said.

Here, the Cotati, Calif.-based public interest organization met that threshold by alleging it could no longer visit the zoo for recreational enjoyment because of the alleged abuse.

Public nuisance claims may also be based on alleged violations of federal or state laws, a precondition met by the zoo’s admission that it illegally possesses the elk, the court said.

Judge Ronald B. Leighton wrote the opinion.

Kilpatrick Townsend & Stockton LLP represented ALDF. The Law Offices of Penalta & Associates PA and Stoel Rives represented Olympic Game Farm.

The case is Animal Legal Def. Fund v. Olympic Game Farm, Inc., 2019 BL 185060, W.D. Wash., No. 18-cv-06025, 5/21/19.