Animal rights group wants Cricket Hollow Zoo to give up lions

The California animal rights group, who sued Cricket Hollow Zoo owners and recently won a federal lawsuit, now wants them to give up the zoo's three African lions.

The Animal Legal Defense Fund filed a notice to sue last week for the 'retirement to sanctuary,' of the three lions, which are now classified as endangered species under the Endangered Species Act as of December 2015. Officials are willing to pay for the lions removal to accredited sanctuaries if Manchester zoo owners Pam and Tom Sellner agree to negotiate the deal before legal action goes forward.  

Defense fund officials said in a statement they are willing to negotiate the pre-litigation transfer of the lions to 'reputable sanctuaries accredited by the Global Federation of Animal Sanctuaries.'

'We have secured placement for Cricket Hollow Zoo's three African lions at either Lions Tigers and Bears in Alpine, Calif., or Keepers of the Wild in Valentine, Ariz.,' officials said in the statement.'

If the Sellners agree, the defense fund will pay all costs associated with the move, obtain veterinary certifications and permits for interstate transfer on behalf of the Sellners.

"We are still negotiating the transfer of the tigers and lemurs to reputable sanctuaries with Pam and Tom Sellner's attorney in good faith,' Jessica Blome, lawyer for Animal Defense Fund, said Friday.

The Sellners have until May 12 to transfer the tigers and lemurs to other facilities, according to the February court order.

The defense fund sued the Sellners last year for three violations of the U.S. Endangered Species Act — the unlawful 'take' of a protected species, unlawful possession of protected species and unlawful trafficking of protected species in commerce.

The organization brought the lawsuit on behalf of five Iowa residents who had visited the zoo many times and who were 'distressed about the poor health and welfare of the animals.' The organization also received support from Elisabeth Holmes, an attorney with Blue River Law in Eugene, Ore.

U.S. Chief Magistrate Jon Scoles stated in his 73-page ruling that the owner's violations are 'pervasive, long-standing, and ongoing,' and if the endangered animals were not removed from their care, then the violations would likely continue.

Scoles said the social isolation, lack of environmental enrichment and inadequate sanitation provided to the lemurs constitutes 'harassment' within the 'taking' provision of the Endangered Species Act.

The tigers, also at the zoo, were 'harmed' by the failure to provide adequate veterinary care, and were 'harassed' by the failure to provide adequate sanitation, Scoles noted.

During the trial last year in U.S. District Court alleged the zoo's animals were confined to small and dirty cages and enclosures, were without 'toys or enrichment' items, that animals' hoofs or hygiene were not maintained, that animals were covered with flies and that food and feces were piled up for lengths of time.

Documents in the lawsuit show the Sellners didn't act in 'good faith' in correcting USDA violations. The couple three times in 2014 and 2015 'failed to provide' inspectors with access to facilities, animals and records.

Pam Sellner testified at trial she felt some of the violations were inconsistent and unfair or unrealistic but said most of the cited violations were corrected anyway. She also said the tigers and lions when they had infections or other issues had been treated but two or three died in 2014. She said when USDA inspectors told her to have one of the tigers treated for an infection, she did. The tiger died about five months later, but it had developed pneumonia, she pointed out. 

Scoles in his ruling said the Sellners also can't acquire any additional animals on the endangered species list, without first demonstrating their ability to care for the animals and receiving court approval.

The Sellners filed an appeal of the ruling but because post-trial motions are pending regarding costs of attorney and court fees, the 8 Circuit Court of Appeals will not enter the appeal until those are complete, according to court documents.