peta lawsuit 2
DESCRIPTION
PETA Lawsuit against USDAComplaintTRANSCRIPT
{00100429}
UNITED STATES DISTRICT COURT FOR THE EASTERN DISTRICT OF NORTH CAROLINA
Civil Action No. 5:12-cv-00212 COLONEL HOSEA M. RAY ) 703 Kooler Cir. ) Fayetteville, NC 28305 ) )
and ) ) RIKKI HARRISON ) 1329 Alexwood Dr. ) Hope Mills, NC 28348 ) ) and ) ) PEOPLE FOR THE ETHICAL TREATMENT ) OF ANIMALS ) 1536 16th St., N.W. ) Washington, DC 20026 ) )
and ) ) ANIMAL LEGAL DEFENSE FUND ) 170 East Cotati Ave. ) Cotati, CA 94931 ) ) Plaintiffs, ) ) v. ) ) THOMAS VILSACK, in his ) official capacity as Secretary ) United States Department of Agriculture ) 1400 Independence Ave., S.W. ) Washington, D.C. 20250 ) ) and ) ) UNITED STATES DEPARTMENT OF ) AGRICULTURE ) 1400 Independence Ave., S.W. ) Washington, D.C. 20250 ) ) Defendants. ) __________________________________________)
Case 5:12-cv-00212-BO Document 1 Filed 04/19/12 Page 1 of 25
{00100429} 2
COMPLAINT FOR DECLARATORY AND INJUNCTIVE RELIEF
1. This is a case under the Administrative Procedure Act, 5 U.S.C.§ 706(2),
challenging a decision by the U.S. Department of Agriculture (“USDA”) to renew the Animal
Welfare Act (“AWA”) license of Jambbas Ranch despite its repeated and ongoing violations of
the AWA and false certifications to the USDA.
JURISDICTION AND VENUE
2. This Court has jurisdiction over this action pursuant to 5 U.S.C. § 552(a)(4)(B)
and 28 U.S.C. § 1331.
3. Venue is proper in this district under 5 U.S.C. § 552(a)(4)(B) and 28 U.S.C. §
1391(e).
PARTIES
Plaintiffs
A. Colonel Hosea M. Ray
4. Plaintiff Colonel Hosea M. Ray is sixty-three years old and a lifetime resident of
Cumberland County, North Carolina. Colonel Ray retired from the U.S. Army in 2004 after
thirty-five years of service. Colonel Ray was taught at a young age to respect wild animals and
has a lifelong love for animals. He derives personal, recreational, educational, and aesthetic
benefits from being in the presence of and observing animals in humane conditions. He suffers
personal distress when he witnesses animals in conditions that harm them physically or
psychologically, or are otherwise inhumane. For approximately fifteen years Colonel Ray has
owned a sixty-acre property that is undeveloped. This property is approximately ten miles from
Case 5:12-cv-00212-BO Document 1 Filed 04/19/12 Page 2 of 25
{00100429} 3
Jambbas Ranch, a self-described “working ranch” that sells animals, raises animals for meat, and
exhibit more than 100 animals, including a bear, goats, cows, pigs, rabbits, sheep, bison, elk,
deer, and a variety of exotic animals. Colonel Ray prohibits hunting, fishing, and trapping on his
property, and visits it approximately twice a month to observe wildlife, including bears, foxes,
coyotes, deer, squirrels, rabbits, and wild turkey. He derives personal, recreational, educational,
and aesthetic benefits from observing these animals. Colonel Ray also visits animals at the North
Carolina Zoo every year and derives personal, recreational, educational, and aesthetic benefits
from observing the animals there in conditions that simulate their natural habitats.
5. Because of his interest in observing animals Colonel Ray visited Jambbas Ranch
in February 2011. While at Jambbas Ranch, Colonel Ray observed many animals who exhibited
signs of physical and psychological suffering and who were held in inhumane conditions. He
observed a raccoon and a fox, each confined solitarily in small, barren enclosures. He observed
both of these animals pacing back and forth, a behavior he knew was abnormal because in all his
years of observing foxes and raccoons in the wild he has never witnessed it. Colonel Ray also
noted that the enclosures in which these animals were held bore no resemblance to their natural
habitats. He further observed that the fox and raccoon acted uncomfortably and skittish.
Colonel Ray also observed a bear named Ben, who was pacing back and forth in a small,
concrete enclosure. He also knew that this behavior was abnormal because, in all his years of
observing bears in the wild, he has never witnessed it. He also observed that the floor of Ben’s
enclosure was concrete, with no bedding whatsoever. During his visit to Jambbas Ranch Colonel
Ray also observed an alligator living in a filthy mud pit that bore no resemblance to the natural
habitats in which he has observed alligators living. He also observed two deer enclosed in a pen,
unable to roam as deer do in their natural habitat. Colonel Ray experienced distress and anguish
Case 5:12-cv-00212-BO Document 1 Filed 04/19/12 Page 3 of 25
{00100429} 4
as a result of his trip to Jambbas Ranch and his observations of animals held in unnatural,
inhumane conditions who were engaging in abnormal behaviors that are indicative of
psychological distress. The conditions under which the animals were maintained impaired his
aesthetic enjoyment of them.
6. Because he cared about the animals he had observed at Jambbas Ranch and was
concerned about their conditions and well-being, Colonel Ray began dedicating significant time
to trying to improve their situation. He spoke before the Cumberland County Commissioners
about Jambbas Ranch and his concerns for the animals kept there. Colonel Ray also spoke before
the local school board, which frequently sends students on field trips to Jambbas Ranch. In
addition, he met with County Commissioners individually to discuss the conditions of the
animals held at Jambbas Ranch, as well at the county attorney and the prosecutor’s office
regarding Jambbas Ranch’s violations of animal-related County ordinances. Colonel Ray also
attended a court hearing regarding the owner of Jambbas Ranch’s unlawful possession of wild
animals.
7. On June 13, 2011, Colonel Ray met with North Carolina Governor Bev Perdue’s
Chief of Staff, Britt Cobb, to discuss his concerns about the conditions and well-being of the
animals held at Jambbas Ranch.
8. On June 14, 2011, Colonel Ray went before a magistrate to swear out a complaint
regarding Jambbas Ranch’s violations of local laws but was informed by the District Attorney’s
office that they would not prosecute the case because they believed that the ordinances were
going to be amended to exempt Jambbas Ranch. Colonel Ray then contacted a county
commissioner about the refusal to prosecute.
Case 5:12-cv-00212-BO Document 1 Filed 04/19/12 Page 4 of 25
{00100429} 5
9. On July 25, 2011, Colonel Ray visited Jambbas Ranch to check on the condition
of the rabbits after learning of a report that a rabbit at the facility was suffering from severe
torticollis, or “head tilt,” a serious veterinary condition that typically stems from one or more
underlying causes such as untreated inner ear infections, cancer, head trauma, intracranial
abscesses, or parasitic infections. During his visit Colonel Ray did not see the rabbit with head
tilt but did observe that there were over twenty rabbits in a hot metal building with only one fan.
The rabbits appeared to Colonel Ray to be stressed by the heat. In addition, one rabbit was
separated from the others and had a wound on his back. During this visit Colonel Ray also
observed other animals at Jambbas Ranch, including Ben the bear, the fox, the deer, and the
goats. All of these animals appeared to be in substantially the same conditions that Colonel Ray
had previously observed them. Colonel Ray experienced distress and anguish as a result of his
observations of animals held in unnatural, inhumane conditions who were engaging in abnormal
behaviors that are indicative of psychological distress. The conditions under which the animals
were maintained impaired his aesthetic enjoyment of them. After his visit, Colonel Ray filed a
complaint with Cumberland County Animal Control regarding his concerns about the rabbits.
The director of animal control informed Colonel Ray that the agency had recently received
twelve different complaints regarding rabbits at Jambbas Ranch. The director of animal control
further stated that he would not take action with regard to the rabbits caged in the heat, and that
the rabbit with head tilt had been “destroyed” by James Bass, owner of Jambbas Ranch.
10. On October 11, 2011, Colonel Ray went to Cumberland County Attorney Rick
Moorefield’s office seeking a copy of proposed ordinance changes intended to exempt Jambbas
Ranch from the prohibition on keeping wild animals. Moorefield refused to give Colonel Ray a
Case 5:12-cv-00212-BO Document 1 Filed 04/19/12 Page 5 of 25
{00100429} 6
copy of the proposed amendments at that time. Moorefield later sent the amendments to Colonel
Ray via e-mail.
11. On December 9, 2011, Colonel Ray again visited the animals at Jambbas Ranch.
At that time he observed Ben the bear, whose conditions appeared substantially the same as on
Colonel Ray’s previous visits. When he approached the enclosure Ben came out of his concrete
“den” to see Colonel Ray. When Colonel Ray began walking away from Ben after visiting with
him, Ben began pacing back and forth. During this visit, as during previous visits, the fox
appeared to be nervous and paced throughout Colonel Ray’s visit. The raccoon also paced
throughout Colonel Ray’s visit. Colonel Ray noted that the raccoon’s tail, rear legs, and bottom
had no fur. Colonel Ray also observed that the rabbits were in suspended cages in a barn as he
had previously observed. There was no glass in the windows to the barn and cold wind was
blowing into the barn. Colonel Ray additionally observed a pheasant in one of the suspended
enclosures in the barn with the rabbits. The cage was approximately 1.5 feet x 1.5 feet and the
pheasant appeared unable to stand or turn around comfortably in the cage. Colonel Ray further
observed that some of the dogs at Jambbas Ranch did not have any water, while others had dirty
water receptacles. While he was observing the dogs, someone came to feed them but did not give
them water. Colonel Ray refilled the dogs water bowls himself. Colonel Ray experienced further
distress and anguish as a result of this trip to Jambbas Ranch and his observations of animals
held in unnatural, inhumane conditions, some of whom were engaging in abnormal behaviors
that are indicative of psychological distress. Colonel Ray was especially distressed by the
condition of the raccoon. The conditions under which Colonel Ray observed the animals
impaired his aesthetic enjoyment of these animals. After this visit Colonel Ray contacted
Case 5:12-cv-00212-BO Document 1 Filed 04/19/12 Page 6 of 25
{00100429} 7
Cumberland County Animal Control as well as the North Carolina Wildlife Resources
Commission to report his concerns about the raccoon.
12. On January 23, 2012, Colonel Ray and Rikki Harrison filed a Complaint and
Request for Permanent Injunction in the General Court of Justice of Cumberland County, North
Carolina, against Jambbas Ranch Tours, Inc. and the owners and operators of Jambbas Ranch in
an action styled Ray, et al. v. Jambbas Ranch Tours, Inc., et al., 12 CVD 669. Colonel Ray and
Ms. Harrison filed suit to obtain injunctive relief to prevent Jambbas Ranch from further
violating North Carolina’s animal welfare laws and to terminate Jambbas Ranch’s ownership and
possessory rights in Ben the bear. That case is currently pending.
13. On April 15, 2012, Colonel Ray returned to Jambbas Ranch to visit and observe
the animals held there. During this visit he noted that the animals’ conditions remained
essentially the same as he had previously observed. Colonel Ray again observed Ben the bear
pacing back and forth in his small, barren enclosure. He also observed that the concrete floor of
Ben’s enclosure was very wet with numerous puddles, and still devoid of bedding materials. He
observed that Ben had only one water source for both drinking and bathing. Colonel Ray saw
one alligator living the same filthy mud pit that he has observed on previous visits to Jambbas
Ranch. Colonel Ray also noted that the red fox was still being kept solitarily in a small, barren
enclosure on a concrete floor that is nearly entirely covered with green moss. The fox’s water
receptacle appeared dirty. At the time of Colonel Ray’s visit, the fox enclosure was surrounded
by goats and the fox was exhibiting the same uncomfortable, skittish behavior that Colonel Ray
has observed on previous visits to Jambbas Ranch. Colonel Ray also observed rabbits living in
cages that were filthy with accumulations of fur, feces, and other debris. Colonel Ray
experienced particular distress and anguish when he discovered that the raccoon, who he
Case 5:12-cv-00212-BO Document 1 Filed 04/19/12 Page 7 of 25
{00100429} 8
previously observed to be suffering from significant hair loss, was not in the raccoon enclosure
and was nowhere to be seen. Colonel Ray experienced further distress and anguish as a result of
his trip to Jambbas Ranch and his observations of animals held in unnatural, inhumane
conditions, some of whom were engaging in abnormal behaviors that are indicative of
psychological anguish, and the conditions under which the animals were maintained impaired his
aesthetic enjoyment of these animals.
14. Because he appreciates and is attached to the particular animals at Jambbas Ranch
and is concerned about their welfare, Colonel Ray wishes to see them in humane conditions and
to avoid seeing them in inhumane conditions. The USDA’s decision to license Jambbas Ranch
violates Colonel Ray’s aesthetic, recreational, and personal interest in seeing these animals in
humane conditions. Colonel Ray has been, and will continue to be, injured by USDA’s decision
to license Jambbas Ranch because it enables Bass to hold and exhibit these animals in inhumane
conditions, which in turn has caused and will continue to cause Colonel Ray emotional distress
and aesthetic injury. Without a USDA license Jambbas Ranch would not be able to exhibit these
animals and would likely re-home them somewhere that Colonel Ray could visit them. In
addition, without a USDA license Jambbas Ranch would be prohibited by local law from even
possessing Ben, the fox, the raccoon, the alligator, and the deer, as Jambbas Ranch is only
exempt from the local prohibition on possessing such animals because it is considered a “zoo,”
which it cannot legally operate as under federal law without a USDA license.
15. Colonel Ray would like very much to observe and visit the animals currently at
Jambbas Ranch, including Ben the bear, the fox, the raccoon, and others, in humane conditions.
If the animals were transferred to a sanctuary or other place where they were no longer
mistreated, Colonel Ray would visit them as often as possible.
Case 5:12-cv-00212-BO Document 1 Filed 04/19/12 Page 8 of 25
{00100429} 9
B. Rikki Harrison
16. Rikki Harrison has been a resident of Cumberland County, North Carolina, for
eleven years. Ms. Harrison has a lifelong love of animals. She grew up rescuing wildlife and
raising horses with her mother, a veterinary technician who taught Ms. Harrison a great deal
about animals and their basic biological and habitat needs. Ms. Harrison has a degree in biology,
reads extensively about animals, and has worked as a volunteer veterinary technician. Ms.
Harrison has also worked as an animal cruelty investigator and vice president of the Robeson
County Humane Society.
17. Ms. Harrison derives great personal, recreational, educational, and aesthetic
benefits from being in the presence of and observing animals in humane conditions. She suffers
personal distress and aesthetic injury when she witnesses animals in conditions that harm them
physically or psychologically, or are otherwise inhumane.
18. In approximately the fall of 2008, Ms. Harrison learned that Jambbas Ranch had a
bear named Ben on display. Because of her interest in animals, Ms. Harrison went to observe
Ben and the other animals at Jambbas Ranch. She saw that Ben was held in a small chain-link
cage with a wet concrete floor. There was no bedding in Ben’s enclosure, and Ben was
repetitively pacing back and forth. Based on her experience with and knowledge of animals, Ms.
Harrison understood Ben’s pacing to be a sign of psychological suffering. She was distressed by
the conditions and behavior she observed, which impaired her aesthetic interest in observing Ben
in humane conditions.
19. On or about October 8, 2010, Ms. Harrison again visited Jambbas Ranch. During
her visit, she saw that Ben was held in the same cage as the last time she saw him. Again the
concrete floors were wet and there was no bedding for Ben. Ben paced constantly while Ms.
Harrison was with him. She experienced anguish at observing the condition in which Ben was
Case 5:12-cv-00212-BO Document 1 Filed 04/19/12 Page 9 of 25
{00100429} 10
held and his behavior, which she knew to be a sign of psychological distress. While at Jambbas
Ranch on October 8, 2010, Ms. Harrison also observed numerous other animals who exhibited
signs of physical and psychological suffering and were held in inhumane conditions. These
observations made Ms. Harrison extremely concerned about these animals’ conditions,
treatment, and welfare. During this visit, she observed approximately fifteen buffalo. She
observed open wounds on all of the buffalo who she could see closely, approximately thirteen of
them. The wounds were generally the size of a half-dollar, and some were significantly larger.
They were bloody and oozing with pus. Ms. Harrison saw no ointment or other signs that these
wounds were being treated. One buffalo also had a broken horn. Ms. Harrison also observed
rabbits who were housed in a dark barn in wire pens suspended from the ceiling. There was no
bedding in the pens, and food and other items were stored on top of the pens. Many of the
rabbits were caged alone. In addition, Ms. Harrison observed a goat with diarrhea. She also
observed exposed barbed wire and nails throughout the goat enclosure. Ms. Harrison further
observed an elk who appeared to have no water. She also saw dogs confined in small pens. These
dogs had weepy, crusty eyes, which Ms. Harrison knew was not healthy. She also saw that the
dogs had matted fur and that their water containers contained algae and dirty water. Observing
all of these inhumane conditions and suffering animals caused Ms. Harrison distress, which
impaired her aesthetic interest in observing the animals in humane conditions.
20. On or about October 21, 2010, Ms. Harrison again visited Jambbas Ranch.
During her visit with Ben she observed that he was kept in the same conditions that she had
previously observed, and that he again repeatedly paced back and forth.
21. On or about October 23, 2010, Ms. Harrison returned to Jambbas Ranch. During
her visit with Ben she observed the same conditions she had seen previously. She also observed
Case 5:12-cv-00212-BO Document 1 Filed 04/19/12 Page 10 of 25
{00100429} 11
that the food provided to Ben consisted of dog food pellets thrown onto the floor at the front of
his enclosure, much of it not even entirely in the enclosure so that Ben had to reach under the
chain-link fence to access it. During this visit, Ms. Harrison again observed raw, open bloody
wounds on numerous buffalo. She also observed cavies (South American rodents) with dirty,
broken food receptacles. In addition, Ms. Harrison observed a fox and a raccoon, each in small
enclosures with very little enrichment and concrete floors with no bedding. The fox and raccoon
appeared skittish and afraid, and tried to hide in the hollowed out logs that served as their
shelters.
22. As a result of these visits, Ms. Harrison formed an emotional attachment to Ben
and committed to do everything in her power to help him. She thinks about Ben frequently and
sometimes cries about the conditions in which he is forced to live. In addition, the conditions that
Ben and the other animals are kept in, and the signs of suffering that they exhibit, causes Ms.
Harrison distress, which impairs her aesthetic interest in observing the animals in humane
conditions.
23. On or about November 16, 2010, Ms. Harrison met with the Cumberland County
Attorney to discuss her concerns about Ben and the other animals held at Jambbas Ranch in
violation of county law. She also met separately with an assistant district attorney regarding
these same concerns.
24. On or about November 17, 2010, Ms. Harrison met with a representative of the
Cumberland County Sheriff’s Office to file a complaint regarding Ben and the other animals held
at Jambbas Ranch.
25. On December 20, 2010, Ms. Harrison submitted, along with People for the Ethical
Treatment of Animals (“PETA”), a request to the North Carolina Wildlife Resources
Case 5:12-cv-00212-BO Document 1 Filed 04/19/12 Page 11 of 25
{00100429} 12
Commission (“NCWRC”) that it not renew Jambbas Ranch’s permits and that it seize Ben to
relocate him to a reputable sanctuary. She also requested that the NCWRC seize the fox,
raccoon, and alligator and relocate them to reputable sanctuaries.
26. On January 24, 2011, Ms. Harrison went before a Cumberland County magistrate
and swore out a criminal complaint against the owner of Jambbas Ranch, James Bass, for
keeping Ben as well as the fox, alligator, and raccoon in violation of county law.
27. On February 7, 2011, Ms. Harrison attended court for a hearing on these
violations of county law and was prepared to serve as a witness to these violations. The case was
continued at that time.
28. On March 13, 2011, Ms. Harrison returned to Jambbas Ranch to visit Ben and the
other animals held there. During this visit she noted that the conditions remained essentially the
same as she had previously observed. She again observed Ben pacing back and forth in his cage,
which again had wet patches. She also observed Ben biting at the chain link fence enclosing him.
No environmental enrichment had been added to Ben’s enclosure, or those of the other animals,
including the fox and raccoon. Ms. Harrison also observed empty water receptacles as well as
water receptacles that contained algae and dirty water. She also observed at least one deer with
overgrown hooves, a condition that, she knew from her experience, could be extremely painful.
In addition, Ms. Harrison again observed open wounds on the buffalo that were bloody and
oozing, and had flies on them. She further saw a pig who was kept in a circular metal enclosure
that he could not see out of. This pig had no grass and no shade structure. It distressed Ms.
Harrison and took an emotional toll on her to see that Ben’s conditions had not improved and
that he continued to exhibit symptoms of psychological suffering as a result of his conditions. In
addition, the conditions that Ben and the other animals were kept in, and the signs of suffering
Case 5:12-cv-00212-BO Document 1 Filed 04/19/12 Page 12 of 25
{00100429} 13
that they exhibited, caused Ms. Harrison distress, which impaired her aesthetic interest in
observing the animals in humane conditions.
29. On April 11, 2011, Ms. Harrison again attended court for a hearing on Bass’s
violations of county law, prepared to serve as a witness. The case was again continued, on the
basis that the district attorney believed that the ordinance Bass had violated was being amended
to exempt him.
30. During the month of April 2011, Ms. Harrison coordinated a petition drive on
behalf of Ben and the other wild animals held at Jambbas Ranch. The petition urged the
Cumberland County Commissioners to remove these animals from the inhumane conditions at
Jambbas Ranch and allow them to be transferred to reputable sanctuaries.
31. On April 18, 2011, after the Cumberland County Commissioners amended the
prohibition on keeping wild animals to exempt Bass and Jambbas Ranch, Ms. Harrison spoke at
the commissioners’ meeting and asked them to reverse the amendment and to remove Ben and
the other wild animals held at Jambbas Ranch from their inhumane conditions and allow them to
be transferred to reputable sanctuaries.
32. On June 16, 2011, the Cumberland County District Attorney’s office dismissed
the criminal charges against Bass that had arisen from Ms. Harrison’s January 2011 sworn
complaint, citing the recent amendment to the local ordinance.
33. On June 20, 2011, Ms. Harrison attended another county commissioners’ meeting
on behalf of Ben and the other animals at Jambbas. She got other people to attend the meeting as
well, and presented each commissioner with photographs of Ben and the other animals and their
living conditions.
Case 5:12-cv-00212-BO Document 1 Filed 04/19/12 Page 13 of 25
{00100429} 14
34. On January 23, 2012, Ms. Harrison and Colonel Ray filed the aforementioned
Complaint and Request for Permanent Injunction in the General Court of Justice of Cumberland
County, North Carolina, against Jambbas Ranch Tours, Inc. and the owners and operators of
Jambbas Ranch seeking injunctive relief to prevent Jambbas Ranch from further violating North
Carolina’s animal welfare laws and to terminate Jambbas Ranch’s ownership and possessory
rights in Ben the bear.
35. Ms. Harrison experienced distress and anguish as a result of her visits with Ben
and the other animals at Jambbas Ranch, and her observations of animals held in unnatural,
inhumane conditions who were engaging in abnormal behaviors that are indicative of
psychological anguish. The conditions in which these animals were maintained also impaired her
aesthetic enjoyment of the animals. Ms. Harrison has experienced, and continues to experience,
distress when she thinks of Ben and the other animals she has witnessed suffering at Jambbas
Ranch.
36. Jambbas Ranch is a USDA-licensed facility and, as such, is subject to regulations,
inspections, and licensing requirements under the Animal Welfare Act. The USDA’s decision to
grant Jambbas Ranch a license under the Animal Welfare Act enables this facility to continue to
operate and hold Ben and the other animals in inhumane conditions. In addition, without a
USDA license Jambbas Ranch would be prohibited by local law from even possessing Ben, the
fox, the raccoon, the alligator, and the deer, as Jambbas Ranch is only exempt from the local
prohibition on possessing such animals because it is considered a “zoo,” which it cannot legally
operate as under federal law without a USDA license.
37. Ms. Harrison has been and will continue to be injured by USDA’s decision to
license Jambbas Ranch. She is emotionally and aesthetically injured by USDA’s unlawful
Case 5:12-cv-00212-BO Document 1 Filed 04/19/12 Page 14 of 25
{00100429} 15
renewal of Jambbas Ranch’s license, knowing that Ben and the other animals are harmed
physically and emotionally by the conditions they are held in. The USDA’s decision to license
Jambbas Ranch violates Ms. Harrison’s aesthetic, recreational, personal, and educational
interests in seeing these animals in humane conditions.
38. Ms. Harrison would like very much to observe and visit Ben so that she can
continue her personal relationship with him. However, she is unable to do so without suffering
more aesthetic and emotional injury, unless and until Ben is placed in a different, more humane,
setting. If Ben and the other animals from Jambbas were transferred to a sanctuary or other place
where they were no longer mistreated, Ms. Harrison would visit them as often as possible.
C. People for the Ethical Treatment of Animals
39. PETA brings this action on its own behalf and on behalf of its more than three
million members and supporters. Since 2008 PETA has received at least nine complaints from
the public regarding Jambbas Ranch, and since August 2010, PETA has filed numerous
complaints with the USDA concerning the animals at Jambbas Ranch. PETA has requested that
the USDA not renew the AWA license for this facility because of the conditions and treatment of
the animals that are kept and exhibited there and because of various related legal violations.
D. Animal Legal Defense Fund
40. ALDF brings this action on its own behalf and on behalf of its more than one
hundred and ten thousand members and supporters. ALDF spends substantial resources each
year advocating on behalf of animals used for exhibition and entertainment. It files suits and
administrative petitions, including filings directly related to Jambbas Ranch, and educates the
public regarding various issues surrounding the use of animals in exhibition and entertainment.
ALDF also maintains an active website for its members and the general public and it uses its
Case 5:12-cv-00212-BO Document 1 Filed 04/19/12 Page 15 of 25
{00100429} 16
website, publications, and the media to disseminate information to its members and the public
about government actions affecting animals, including animals that are exhibited at roadside
zoos.
41. Defendants’ unlawful action in renewing Jambbas Ranch’s AWA license injures
ALDF because it means that ALDF has had to continue spending resources monitoring the
treatment and conditions of the animals there. Had the USDA not renewed Jambbas Ranch’s
AWA license, ALDF would not have to continue to spend such resources on monitoring the
well-being of these animals and advocating on their behalf.
Defendants
42. Defendant Thomas Vilsack is the Secretary of the U.S. Department of
Agriculture. The USDA is responsible for administering the Animal Welfare Act and ensuring
the humane care and treatment of animals that are used for exhibition. The USDA is the federal
agency responsible for the decision to renew Jambbas Ranch’s AWA license. As the Secretary
for the agency, Secretary Vilsack is ultimately responsible for that decision.
43. Defendant USDA is the agency responsible for administering the Animal Welfare
Act and ensuring the humane care and treatment of animals that are used for exhibition. The
USDA is the federal agency responsible for the decision to renew Jambbas Ranch’s AWA
license.
STATUTORY AND REGULATORY FRAMEWORK
A. The Animal Welfare Act
44. The AWA is set forth at 7 U.S.C. §§ 2131-2159.
Case 5:12-cv-00212-BO Document 1 Filed 04/19/12 Page 16 of 25
{00100429} 17
45. The purpose of the AWA is “to insure that animals intended for use in research
facilities or for exhibition purposes or for use as pets are provided humane care and treatment.”
7 U.S.C. § 2131(1).
46. The AWA provides that no one may exhibit animals “unless and until such dealer
or exhibitor shall have obtained a license.” 7 U.S.C. § 2134.
47. The AWA further provides that no “license shall be issued until the dealer or
exhibitor shall have demonstrated that his facilities comply with the standards promulgated by
the Secretary pursuant to section [2143] of this [title].” 7 U.S.C. § 2133.
48. Section 2143 of the AWA requires the USDA to “promulgate standards to govern
the humane handling, care, treatment, and transportation of animals by dealers, research
facilities, and exhibitors.”
49. The AWA empowers the USDA to “make such investigations or inspections as
[it] deems necessary to determine whether any dealer [or] exhibitor . . . has violated or is
violating any provision of this [chapter] or any regulation or standard issued thereunder.” 7
U.S.C. § 2146.
50. The AWA regulations are set forth at 9 C.F.R. §§ 1.1 – 12.10.
51. AWA regulations part 2, subpart A, govern licensing.
52. Under the regulations, AWA licenses expire annually.
53. Pursuant to the AWA and the USDA’s implementing regulations, any facility
seeking to renew its AWA license must submit an application to do so to the agency. On that
application, the applicant must “certif[y] . . . , to the best of the applicant's knowledge and belief,
he or she is in compliance with the regulations and standards and agrees to continue to comply
with the regulations and standards.” 9 C.F.R. § 2.2.
Case 5:12-cv-00212-BO Document 1 Filed 04/19/12 Page 17 of 25
{00100429} 18
54. Section 2.3 requires that each applicant “must demonstrate that his or her
premises and any animals, facilities, vehicles, equipment, or other premises used or intended for
use in the business comply with the regulations and standards set forth in parts 2 and 3 of this
subchapter.” 9 C.F.R. § 2.3(a).
B. Cumberland County Law
55. Until recently, section 3-12 of the Cumberland County Code provided:
It is unlawful to keep or harbor or breed or sell or trade any wild or exotic animal as a
pet, for display or exhibition purposes, whether gratuitously or for a fee, except as may be
licensed by the state Wildlife Resources Commission under its regulations pertaining to
wildlife rehabilitators.
The section defined “wild or exotic animal” as:
an animal which is usually not a domestic animal, which is capable of killing or inflicting
serious injury on a human or livestock, and which can normally be found in the wild
state, including, but not limited to, lions, tigers, leopards, panthers, wolves, foxes,
coyotes, lynxes, or any hybrid of like animals, alligators, crocodiles, apes, foxes,
elephants, rhinoceroses, bears, all forms of poisonous snakes, raccoons, skunks,
monkeys, bats, and like animals.
The section exempted circuses.
56. As recently amended, the Cumberland County Code still provides that it is
“unlawful to keep, harbor, breed, sell or trade any wild or exotic animal for any purpose, except
as may be licensed by the state Wildlife Resources Commission under its regulation pertaining to
wildlife rehabilitators.” Cumberland Cnty. Code § 3-17(b). However, “zoological parks, zoos,
or educational or medical institutions which have registered with and obtained a permit from the
Case 5:12-cv-00212-BO Document 1 Filed 04/19/12 Page 18 of 25
{00100429} 19
Animal Control Director . . . or circuses that perform in Cumberland County for not more than
seven (7) days” are now exempted from the prohibition. Id. § 3-17(c).
57. Jambbas Ranch does not have a wildlife rehabilitator license from the state
Wildlife Resources Commission, and it is not a medical institution or circus. Nor is Jambbas
Ranch an educational institution, as nothing at the facility provides any information or education
about the species held there. Indeed, virtually all of the animal enclosures are referenced with
numbers only, rather than any reference to the particular species.
58. Because Jambbas Ranch is not a state-licensed rehabilitator, medical or
educational institution, or circus, it can only keep wild animals, including for display or
exhibition, if it is a zoological park or zoo. Without an AWA license, Jambbas Ranch cannot act
as a zoological facility or zoo because it cannot exhibit animals. But for the USDA’s decision to
license Jambbas Ranch, then, the facility would not be able to keep or exhibit wild or exotic
animals.
FACTUAL AND PROCEDURAL BACKGROUND
59. Between October 19, 2006 and February 7, 2012, the USDA inspected Jambbas
Ranch at least seventeen times. Over this five year period the agency found Jambbas Ranch
compliant with AWA regulations only once while citing the facility twelve times for failure to
provide adequate veterinary care and for twenty-one additional violations of the AWA, including
unsanitary conditions, hazardous enclosures, and failure to supply sufficient quantities of food
and potable water.
60. Jambbas Ranch has repeatedly falsely certified in permit applications that it is in
compliance with the AWA and its regulations.
Case 5:12-cv-00212-BO Document 1 Filed 04/19/12 Page 19 of 25
{00100429} 20
61. On August 31, 2010, PETA filed a formal complaint with the USDA asking the
agency to investigate the following:
- several buffalo at Jambbas Ranch who were suffering from open, oozing wounds
that appeared untreated and were infested with maggots and flies;
- several buffalo who appeared malnourished and underweight;
- another hooved animal who had a bloody wound on his/her side; and
- many animals whose water receptacles were filthy or empty.
62. On September 2, 2010, in response to PETA’s complaint, the USDA inspected
Jambbas Ranch and cited the facility for failing to comply with five separate AWA requirements,
including three repeat violations. The USDA cited Jambbas Ranch for repeatedly failing to
maintain programs of adequate veterinary care, noting numerous goats with overgrown hooves,
bison with unhealthy skin and sparse to no fur on large portions of their backs, and swarms of
flies attacking bison, causing them to lick their sides and flanks, ripping skin off and leaving raw
patches of up to four inches. The USDA also cited Jambbas Ranch for exposing various animals
to protruding nails and rusty, broken fencing with protruding wiring, another repeat violation;
failure to adequately clean goat enclosures and forcing goats to live in enclosures covered with a
layer of feces; water receptacles with algae growing on them, as well as excessively dirty water;
and inadequate perimeter fencing.
63. The USDA again inspected Jambbas Ranch on December 2, 2010, at which time
Jambbas Ranch was cited for failing to provide two goats with adequate shelter from inclement
weather. These goats had a “shelter” with a roof but no sides, providing no protection from the
wind on a near-freezing day.
Case 5:12-cv-00212-BO Document 1 Filed 04/19/12 Page 20 of 25
{00100429} 21
64. In January 2011, James Bass was criminally charged with violations of the county
ordinance prohibiting the keeping of wild animals.
65. During a January 21, 2011, inspection of Jambbas Ranch, the USDA found a
dead, emaciated goat in a pasture, and another emaciated goat under whose tail there was an
accumulation of feces. Because Jambbas Ranch had failed to identify either of these goats as
suffering from a health problem, and neither was under any treatment, Jambbas Ranch was again
cited for failing to provide adequate veterinary care.
66. The USDA returned to Jambbas Ranch on February 14, 2011, and again cited it
for failing to provide adequate veterinary care, this time noting that a goat was suffering
excessive hair loss along the spine, hindquarters, and other areas of the body. The goat’s
exposed skin was thick and scaly, and the goat was observed scratching on a feeder. According
to the USDA’s inspection report, Jambbas Ranch employees claimed that they had not noticed
this goat’s condition.
67. On April 13, 2011, PETA submitted a request to the USDA that it not renew
Jambbas Ranch’s AWA license, noting and attaching the repeated citations for AWA violations,
and also noting that Jambbas Ranch was operating without valid state permits and licenses
necessary to keep captive wild animals and endangered species, and that Bass was facing
criminal charges for keeping wild animals in violation of a county ordinance.
68. On April 22, 2011, PETA submitted a supplement to its request to the USDA that
the agency not renew Jambbas Ranch’s AWA license. This supplement focused on concerns
about Ben the bear and detailed violations of the AWA pertinent to Ben, including failure to
provide adequate space, failure to provide an appropriate diet, failure to provide potable water,
and failure maintain professionally acceptable husbandry practices. PETA’s submission also
Case 5:12-cv-00212-BO Document 1 Filed 04/19/12 Page 21 of 25
{00100429} 22
detailed recent observations related to other animals at Jambbas Ranch and additional AWA
violations.
69. Four bear experts submitted statements to the USDA in support of PETA’s
request that the agency not renew Jambbas Ranch’s license, detailing serious problems with
conditions and husbandry at Jambbas Ranch, and resultant physical and psychological harm to
Ben.
70. The USDA responded to PETA’s April 13, 2011, request in a letter dated May 25,
2011, wherein the agency stated, “This facility is currently under investigation by Investigative
and Enforcement Services for several direct and repeat noncompliant issues. The investigation is
still open.”
71. A “direct” violation of the AWA is the most serious kind of violation, one that
“has a high potential to have a serious, adverse impact on the health and well-being of the
animal(s).”
72. Jambbas Ranch’s AWA license expired on May 4, 2011. At the time that
Jambbas Ranch submitted its 2011 renewal application to the USDA, it was not in compliance
with all applicable AWA regulations and standards, and hence it submitted a false certification to
the agency. The agency also knew that Jambbas Ranch could not have truthfully certified to the
contrary.
73. One of many concerns raised in the expert statements submitted to USDA was the
fact that Ben was forced to drink and bathe from a rusty trough. On May 9, 2011, the USDA
ordered Jambbas Ranch to fix the rusty, deteriorating metal water trough used by Ben noting that
the trough could give way or injure Ben when he stands in it and that it could not be adequately
sanitized.
Case 5:12-cv-00212-BO Document 1 Filed 04/19/12 Page 22 of 25
{00100429} 23
74. In contravention of the plain language of the AWA, which provides that no
license shall be issued “until the . . . exhibitor shall have demonstrated that his facilities comply
with” such standards, 7 U.S.C. § 2133, the USDA again renewed Jambbas Ranch’s license on or
about June 2, 2011.
75. Since renewing Jambbas Ranch’s license, the USDA has continued to cite the
facility for AWA violations. One June 9, 2011, just one week after the USDA renewed Jambbas
Ranch’s USDA license, PETA filed a complaint with the agency regarding a report and
photographs of a rabbit apparently suffering from severe torticollis— commonly referred to as
“head tilt”— a distressing and potentially fatal condition. On July 11, 2011, long after this rabbit
was reportedly “destroyed,” the USDA conducted a partial inspection of Jambbas to respond to
PETA’s complaint. The agency cited Jambbas Ranch for failure to maintain the rabbit enclosures
in good repair, putting the animals at risk of injury, noting that the wire floor of a rabbit
enclosure had completely rusted through, creating a hole in the cage.
76. On December 20, 2011, PETA filed a complaint with the USDA regarding animal
welfare concerns arising from recent visits to Jambbas Ranch, including Colonel Ray’s
December 9, 2011, visit. Amongst the issues raised was the fact that the raccoon’s tail and hind
legs were bald and that it appeared that this animal was not receiving adequate veterinary care, in
violation of the AWA. On January 4, 2012, in response to PETA’s complaint, the USDA
inspected Jambbas Ranch and cited it for failure to provide adequate veterinary care to the
raccoon, noting that a veterinarian had neither examined the animal nor prescribed treatment.
The USDA also cited Jambbas Ranch for failing to provide veterinary care to a llama whose
right eye socket had a “thick creamy discharge,” who appeared thin, and who had a “large area
Case 5:12-cv-00212-BO Document 1 Filed 04/19/12 Page 23 of 25
{00100429} 24
of what appeared to be diarrhea on its back legs”— yet was not receiving veterinary care for any
of these conditions.
77. As of April 8, 2012, Jambbas Ranch remained under formal investigation by the
USDA’s Investigative and Enforcement Services for numerous repeat and direct violations of the
AWA.
PLAINTIFFS’ CLAIM FOR RELIEF
Violation of the Administrative Procedure Act
78. In renewing Jambbas Ranch’s license despite chronic and ongoing failure to
comply with the AWA and its implementing regulations and Jambbas Ranch’s false
certifications to the USDA, defendants have acted in a manner that is arbitrary and capricious, an
abuse of discretion, and not in accordance with law, within the meaning of the Administrative
Procedure Act, 5 U.S.C. § 706(2)(A). The decision to renew Jambbas Ranch’s license also
exceeds the USDA’s statutory jurisdiction and authority, within the meaning of 5 U.S.C. §
706(2)(C).
79. The agency’s unlawful actions injure Plaintiffs in the manner specified in
paragraphs 4-41 of this Complaint.
REQUESTED RELIEF
WHEREFORE, Plaintiffs respectfully request that the Court:
1. Declare that the Defendants have acted arbitrarily and capriciously and not in
accordance with law, have abused their discretion, and have exceeded their statutory jurisdiction
and authority in making the decision to renew Jambbas Ranch’s AWA license;
Case 5:12-cv-00212-BO Document 1 Filed 04/19/12 Page 24 of 25
{00100429} 25
2. Set aside as unlawful the USDA’s decision to renew Jambbas Ranch’s AWA
license;
3. Award Plaintiffs their reasonable attorneys’ fees and costs; and
4. Grant such other and further relief as the Court may deem just and proper.
Dated: April 19, 2012
Respectfully submitted,
MARTIN & JONES, PLLC s/ E. Spencer Parris E. Spencer Parris Attorney for Plaintiffs
N.C. State Bar No. 11042 410 Glenwood Avenue, Suite 200 Raleigh, NC 27603 Telephone: (919) 821-0005 Facsimile: (919) 863-6071 Email: [email protected]
Case 5:12-cv-00212-BO Document 1 Filed 04/19/12 Page 25 of 25