Case 3:15-cv-00769-JJB-RLB Document 1
11/17/15 Page 1 of 23
UNITED STATES DISTRICT COURT
MIDDLE DISTRICT OF LOUISIANA
____________________________________
)
CATHY BREAUX; HOLLY REYNOLDS; )
AND THE COALITION OF LOUISIANA )
ANIMAL ADVOCATES,
)
)
Plaintiffs,
)
)
v.
)
)
SAMUEL B. HAYNES, JR.; DIXIE
)
LANDIN L.L.C.,
)
)
Defendants.
)
____________________________________)
Civil Action No. 3:15-cv-769
COMPLAINT FOR DECLARATORY AND INJUNCTIVE RELIEF
Statement of the Case
1. On September 14, 2015, the United States Fish & Wildlife Service (“FWS”) eliminated a
twenty-five-year-old rule that had unlawfully withheld the protections of the Endangered Species
Act (“ESA”) from captive chimpanzees. See 80 Fed. Reg. 34500. Captive chimpanzees, like their
counterparts in the wild, now have the right to live in environments that facilitate their normal
behavioral patterns, free of harm and harassment. See 16 U.S.C. § 1538; 50 C.F.R. § 17.3.
2. This development is consistent with an overwhelming trend of recognizing the unique
capacities of chimpanzees and their need for special protections under the law. For instance, in
2013, the National Institutes of Health (“NIH”) announced the virtual elimination of federal
funding for invasive biomedical research on chimpanzees, recognizing that “[c]himpanzees are
our closest relatives in the animal kingdom.” 78 Fed. Reg. 39741. Similarly, the Chimpanzee
Health Improvement, Maintenance, and Protection Act (“CHIMP”) Act, signed into law in 2000,
1
Case 3:15-cv-00769-JJB-RLB Document 1
11/17/15 Page 2 of 23
establishes a federal sanctuary system for the permanent retirement and care of chimpanzees
once used in biomedical research and entertainment. See 42 U.S.C. § 283m. In recognition of
these animals’ remarkable cognitive complexity, the federal Animal Welfare Act explicitly
requires those who exhibit nonhuman primates to provide them with “a physical environment
adequate to promote the[ir] psychological well-being.” 7 U.S.C. § 2143(a)(2)(B); see also 9
C.F.R. § 3.81. By bringing captive chimpanzees within the ambit of the ESA, the FWS
reaffirmed that captive chimpanzees deserve federal protection.
3. This case concerns one such captive chimpanzee: Candy, an approximately fifty-year old
chimpanzee who has been confined alone for decades in a small, barren cage at an amusement
park. As a member of an endangered species that is exceptionally intelligent and intensely social,
Candy requires better treatment.
4. This lawsuit is brought under the ESA and challenges Samuel B. Haynes, Jr.’s and Dixie
Landin L.L.C.’s unlawful “take” of Candy. See 16 U.S.C. § 1538.
5. The ESA take provision prohibits harming or harassing members of any endangered
species, including captive chimpanzees. See 16 U.S.C. § 1532 (19). Mr. Haynes harms and
harasses Candy by keeping her alone in an unsuitable environment without a proper diet, shelter,
or veterinary care at Dixie Landin’, an amusement park he owns in Baton Rouge, Louisiana.
6. Local and federal officials have cited Defendants repeatedly for violating local and
federal animal protection laws, including citations for failing to provide veterinary and
enrichment plans, as well as dangerous habitat and feeding conditions. The most recent violation
came just a few months ago, when the United States Department of Agriculture (“USDA”) cited
Defendants for violating the federal Animal Welfare Act.
2
Case 3:15-cv-00769-JJB-RLB Document 1
11/17/15 Page 3 of 23
7. Prominent chimpanzee experts agree that Candy is being harassed and harmed because
the conditions of her confinement significantly disrupt normal chimpanzee behavioral patterns
and cause her to suffer physical and psychological injuries.
8. The world-famous primatologist Dr. Jane Goodall has stated, “I strongly recommend that
[Candy] be introduced to other chimpanzees in a setting more suitable to her psychological
enhancement.”
9. Dr. Roger Fouts, the famous comparative psychologist that taught sign language to
chimpanzees, has described Candy’s confinement as “deplorable” and her social isolation as
“unconscionable.”
10. Candy is a member of an intensely social species, but she spends her days sitting alone in
a cage, staring into space. Chimpanzees housed alone have disrupted behavioral patterns and
suffer psychologically. Yet Defendants have continued to keep Candy isolated from other
members of her species in a chain link cage, allowing her to smoke cigarettes and giving her
Coca-Cola to drink.
11. The implementing regulations of the ESA prohibit any “intentional or negligent act or
omission which creates the likelihood of injury to wildlife by annoying it to such an extent as to
significantly disrupt normal behavioral patterns which include, but are not limited to, breeding,
feeding, or sheltering.” 50 C.F.R. § 17.3. These regulations also prohibit harm to an endangered
species, defined as any “act which actually kills or injures wildlife.” Id.
12. By housing Candy in isolation for virtually her entire life, as well as withholding
appropriate enrichment, diet, and veterinary care despite repeated citations, Defendants are
taking and causing harm to Candy, an endangered species, in violation of the ESA.
3
Case 3:15-cv-00769-JJB-RLB Document 1
11/17/15 Page 4 of 23
13. Chimp Haven, a nationally renowned chimpanzee sanctuary located in Louisiana, stands
ready to provide Candy with a new home in a naturalistic enclosure that is suited to her physical,
behavioral, and psychological needs, with expert veterinary care.
Jurisdiction and Venue
14. This Court has subject matter jurisdiction pursuant to the citizen suit provision of the
ESA, 16 U.S.C. § 1540(g), as well as 28 U.S.C. § 1331.
15. Plaintiffs have complied with the pre-suit notice provisions of the ESA by providing
written notice on September 15, 2015 to the Defendants and to the Secretary of Interior of their
intent to sue Defendants. See 16 U.S.C. § 1540(g)(2)(A).
16. Venue is proper in the Middle District of Louisiana, as the Defendants reside in the
District and the violations of the ESA alleged herein have occurred, and continue to occur,
within the District. See 28 U.S.C. § 1391(e) and 16 U.S.C. § 1540(g)(3)(A).
Parties
Plaintiffs
17. Plaintiff Cathy Breaux is a 62-year-old woman who has lived in Baton Rouge,
Louisiana for much of her life. She worked for the State of Louisiana as an economic
development specialist until she retired in 2011.
18. Animals are a life passion for Cathy, and she feels deeply committed to helping any
animal in need.
19. For almost three decades, Cathy has advocated for Candy and her interests with the goal
of having the chimpanzee relocated to an appropriate sanctuary.
20. Cathy has visited Candy regularly for 30 years. Seeing Candy remain in her current bare
enclosure and without other chimpanzees harms Cathy aesthetically.
4
Case 3:15-cv-00769-JJB-RLB Document 1
11/17/15 Page 5 of 23
21. Plaintiff Holly Reynolds is a 96-year-old woman who lives in a retirement community
in Baton Rouge, Louisiana. Holly has been a committed animal advocate for most of her life,
founding the St. Tammany Humane Society in 1953, the Capital Area Animal Welfare Society in
1979, and the Coalition of Louisiana Animal Advocates in 1981.
22. Holly has always been interested in chimpanzees. She has fond memories of seeing a
group of former research chimpanzees passing through Baton Rouge on the way to a sanctuary.
She is now a regular donor to that sanctuary and treasures a painting done by one of their
chimpanzees.
23. For almost three decades, Holly has advocated for Candy and her interests with the goal
of having the chimpanzee relocated to an appropriate sanctuary.
24. Holly has visited Candy regularly for 30 years. Seeing Candy remain in her current bare
enclosure without other chimpanzees harms Holly aesthetically.
25. Plaintiff The Coalition of Louisiana Animal Advocates (“COLAA”) is an animal
advocacy organization and network based in Louisiana. COLAA was founded in 1981 to build
relationships between local animal welfare and rescue organizations and Animal Control Centers
across Louisiana.
26. COLAA has about 30 members and three officers. Holly Reynolds is a co-founder of
COLAA and currently serves as Vice President. COLAA is an all-volunteer organization.
27. COLAA’s activities include providing networking opportunities for Louisiana animal
advocates and tracking state legislative activity regarding animal welfare. In particular, COLAA
focuses on encouraging law enforcement officers to enforce Louisiana’s animal protection laws
by publishing a guide to the state’s animal cruelty laws and ordinances.
5
Case 3:15-cv-00769-JJB-RLB Document 1
11/17/15 Page 6 of 23
28. COLAA’s overall purpose is to promote humane animal treatment and enable its
members to advocate for animals. COLAA is funded by grants and membership dues.
29. COLAA’s members, who wish to observe endangered animals treated humanely and
living in appropriate conditions, have been harmed by witnessing Candy kept in isolation.
COLAA brings this action on behalf of its members, who have suffered aesthetic injury from
observing Candy’s inhumane captivity.
30. COLAA members’ interests in defending animal welfare and observing animals in
humane environments are currently injured, and will continue to be injured, by Defendants’ take
of Candy under the Endangered Species Act.
Defendants
31. Defendant Samuel B. Haynes, Jr. is, upon information and belief, a resident of Baton
Rouge, Louisiana. Mr. Haynes owns and operates Dixie Landin’ and, upon information and
belief, owns and possesses Candy.
32. Defendant Dixie Landin’ LLC is a Louisiana business corporation that operates a theme
park located at 18142 Perkins Road, in Baton Rouge, Louisiana, where Candy is confined.!
Statutory and Regulatory Background
33. The Endangered Species Act recognizes that certain species of wildlife face extinction
due to depleted populations, and that these species hold “esthetic, ecological, educational,
historical, recreational, and scientific value to the Nation and its people.” 16 U.S.C. § 1531(a).
34. The Act requires the Secretary of Interior to identify which species are endangered and
list them accordingly. 16 U.S.C. § 1533. The Secretary fulfills this obligation through the FWS.
35. It is unlawful for any person within the United States to “take” any member of a species
that has been listed as endangered. 16 U.S.C. § 1538. To “take” a species, as defined by the Act,
6
Case 3:15-cv-00769-JJB-RLB Document 1
11/17/15 Page 7 of 23
means to “harass, harm, pursue, hunt, shoot, wound, kill, trap, capture, or collect” an individual
animal of that species, or attempt to engage in such conduct. 16 U.S.C. § 1532 (19).
36. The Department of Interior has defined the term “harass” to mean “an intentional or
negligent act or omission which creates the likelihood of injury to wildlife by annoying it to such
an extent as to significantly disrupt normal behavioral patterns which include, but are not limited
to, breeding, feeding, or sheltering.” 50 C.F.R. § 17.3. It has defined the term “harm” to mean
“an act which actually kills or injures wildlife.” Id.
37. The ESA also prohibits the possession of any such taken species. 16 U.S.C. §
1538(a)(1)(D).
38. Although captive chimpanzees such as Candy were excluded from the protections of the
ESA when chimpanzees were initially listed as endangered in 1990, the FWS recently
“determined that the Act does not allow for captive chimpanzees to be assigned separate legal
status from their wild counterparts on the basis of their captive state.” 80 Fed. Reg. 34500 (June
16, 2015). The FWS has therefore “eliminat[ed] the separate classification of chimpanzees held
in captivity and list[ed] the entire species, wherever found, as an endangered species under the
Act.” Id. (emphasis added); see also 50 C.F.R. § 17.11(h) (listing chimpanzee as endangered).
The elimination of the captive chimpanzee exception became effective on September 14, 2015.
Captive chimpanzees, including Candy, are now entitled to the full protections of the ESA.
General Allegations
History of Plaintiffs’ Interests and Efforts to Improve Candy’s Conditions
39. Plaintiff Cathy Breaux has known about Candy since she was a girl. Cathy watched
Candy on the local television program “The Buckskin Bill Show,” which frequently featured
Candy as a guest in the late 1960s.
7
Case 3:15-cv-00769-JJB-RLB Document 1
11/17/15 Page 8 of 23
40. Once Candy was too old to appear on television, Cathy would go see her at Fun Fair
Park, a local amusement park owned by the Haynes family. At this park, Defendant Haynes kept
Candy in a tiny cage the size of a dog kennel, just 10 feet by 4 feet by 6 feet.
41. Cathy was heartbroken to see Candy in the minuscule, barren cage. She witnessed guests
of the Park throw in cigarettes for Candy to smoke. For years after her childhood, Cathy was
haunted by the image of Candy at the Park.
42. Cathy moved away from Baton Rouge for a brief period after getting married. Upon her
return to the area around 1983, Cathy went to see whether Candy was still at the Park. Sadly
Cathy found Candy in the same small cage that she had seen years before. Candy stared back at
Cathy from between the steel bars, leaving Cathy emotionally devastated.
43. Cathy felt compelled to improve Candy’s conditions. By the late 1980s, Cathy began to
advocate for Candy to be moved to a sanctuary, where she could be with other chimpanzees,
exhibit normal behaviors and be free of inappropriate feeding and limitations on breeding
opportunities.
44. In 1988, Plaintiff Holly Reynolds also became involved in advocating for Candy’s
release from the Fun Fair Park. When she first began campaigning for Candy, Holly remembers
that Fun Fair Park housed the chimpanzee in a cage about the size of a loveseat couch.
45. While housed at Fun Fair Park, Holly visited Candy often, even on holidays such as
Thanksgiving.
46. Candy’s conditions and small bare enclosure horrified Holly.
47. In the late 1980s, Cathy, Holly, and others animal advocates formed the Alliance of
Louisianans to Protect and Help Animals (“ALPHA”), and focused their efforts on improving
Candy’s conditions.
8
Case 3:15-cv-00769-JJB-RLB Document 1
11/17/15 Page 9 of 23
48. ALPHA’s members lobbied Defendant Haynes to move Candy to a more appropriate
living situation, where she could be with other chimpanzees and have a natural and stimulating
environment.
49. Holly, Cathy and other ALPHA members organized protests outside Fun Fair Park and
gathered signatures for a petition opposing Candy’s isolation and dismal conditions of
confinement, and urging Haynes to release Candy to a sanctuary.
50. Defendant Haynes ignored the petition.
51. Fearing that Defendant Haynes would never let Candy go to a sanctuary, Cathy, Holly,
and other ALPHA members requested that Candy be taken out of the kennel and put in a larger
enclosure.
52. In December 1989, after ongoing lobbying and pressure, Defendant Haynes finally
moved Candy from the small, rusty cage in which she had resided for the prior twenty years into
a larger cage. Although the new cage gave Candy some additional room, it was far from a
sufficient shelter.
53. Cathy and Holly felt that they still had not done enough to help Candy.
54. Holly embarked on a letter writing campaign to improve Candy’s condition further. She
wrote to influential politicians, including the City Parish President and the Governor of
Louisiana, asking for their support to help Candy.
55. Cathy and Holly successfully recruited chimpanzee experts from around the world, who
agreed that Candy’s situation was unacceptable.
56. Experts such as Dr. Jane Goodall and Dr. Roger Fouts each reached out directly to
Defendant Haynes, but he refused to send Candy to a sanctuary.
9
Case 3:15-cv-00769-JJB-RLB Document 1
11/17/15 Page 10 of 23
57. On the advice of Dr. Goodall, Cathy and Holly began bringing Candy toys and other
enrichment items to improve her enclosure, some of which Defendant Haynes refused.
58. In 1999, Defendant Haynes moved Fun Fair Park – and Candy along with it – to a new
location and renamed it Dixie Landin’. Haynes incorporated Dixie Landin’ in 2000.
59. Candy’s cage at Dixie Landin’ remains inappropriate for her, as she continues to be
housed in isolation and without appropriate food, water, or enrichment.
60. As Candy has aged, Cathy and Holly have continually advocated for her transfer to an
appropriate sanctuary.
61. Cathy continues to visit Candy regularly, as often as once a month, to check on her
welfare. Cathy calls out to Candy by name and Candy approaches the side of the cage. Candy
looks Cathy in the eye and reaches out her hand through the bars of her cage. Cathy brings
Candy treats and talks to Candy during her visits.
62. Cathy cares deeply for Candy and feels emotional anguish over Candy’s isolated
confinement, often crying at night about Candy’s situation. Cathy has a strong emotional and
personal attachment to Candy, and wishes to avoid seeing her suffer psychologically, isolated in
a chain link cage. Nevertheless, Cathy feels emotionally and ethically compelled to visit Candy
to provide her company, comfort, and familiarity, and to bear witness to her suffering.
63. Holly no longer drives, but continues to visit Candy as often as she is able, which is
several times each year.
64. As soon as Holly arrives, Candy immediately comes to the side of the cage. Holly brings
Candy treats, which she delivers to Candy through the bars of her cage. Holly’s dedication to
Candy has led her friends and colleagues to visit Candy and support Holly’s advocacy.
10
Case 3:15-cv-00769-JJB-RLB Document 1
11/17/15 Page 11 of 23
65. Cathy and Holly remain upset, distressed and concerned that Candy is isolated
throughout the day, deprived of companionship with other chimpanzees, and insufficiently
stimulated in her empty cage.
66. Seeing Candy remain in her current bare enclosure without other chimpanzees harms
Cathy aesthetically.
67. Seeing Candy remain in her current bare enclosure without other chimpanzees harms
Holly aesthetically.
68. After many long years advocating for Candy’s release, Cathy and Holly wish that Candy
be transferred to a sanctuary where she can be with other chimpanzees, in an environment
appropriate for her species.
69. If Candy were moved to a sanctuary where she was with other chimpanzees and treated
appropriately and humanely, Cathy would visit her there.
70. If Candy were moved to a sanctuary, Holly may not be able to visit her due to Holly’s
age and limited mobility. However, Holly desires that Candy to be sent to a sanctuary to be with
other chimpanzees. Holly wishes to see photos of Candy in an outdoor environment and would
want regular reports of Candy’s experience at a sanctuary. If Candy were to go to a sanctuary,
Holly would be happy and satisfied that her many years of advocacy resulted in a better life for
Candy.
Defendants’ captivity of Candy unlawfully “harasses” her
71. Defendants harass Candy, as that term is defined by regulations, because Candy’s
confinement disrupts normal chimpanzee behavior patterns, including, but not limited, to
breeding, sheltering, and feeding. 50 C.F.R. § 17.3.
72. First, Candy’s social isolation constitutes harassment.
11
Case 3:15-cv-00769-JJB-RLB Document 1
11/17/15 Page 12 of 23
73. As Dr. Jane Goodall puts it, “chimpanzees are highly social, intelligent, complex beings
and need the social companionship of others of their kind.” In the wild, chimpanzees live in
social groups of as many as 150 individuals and form lifelong bonds with other individuals in
their troop. Chimpanzees have been known to regularly associate with up to a few hundred
individuals. Chimpanzees communicate daily with the members of their group through calls,
facial expressions, body language, and touch. Chimpanzees maintain close bonds through
grooming and close tactile contact with each other.
74. Recognizing the extraordinary social needs of these animals, the National Research
Council’s Committee on Long-Term Care of Chimpanzees has stated that “[a]ll chimpanzees in
long-term situations should be housed minimally in pairs and preferably in social groups of three
or more compatible individuals. Long-term housing should be constructed to accommodate
multiple small groups and to enhance formation of larger groups.”
75. The Association of Zoos and Aquariums (“AZA”) recommends that captive chimpanzee
social groups have at least three adult males, five mature females, and dependent offspring.
76. Candy, however, is housed alone, with no mate or companion. She has been isolated from
other chimpanzees, including potential mates, for over 40 years. Candy spends her days sitting in
the corner of her cage or lying on her back, and staring blankly into space. She has been seen to
rock back and forth—what animal behaviorists call “stereotypic behavior,” which is
symptomatic of poor welfare, severe stress, or even mental illness.
77. On other occasions, Candy curls up into the fetal position on the concrete floor. Candy’s
lethargy and depression were evident just days before this complaint was filed, when a visitor
observed her sitting virtually motionless in the corner of her cage for almost eight hours.
12
Case 3:15-cv-00769-JJB-RLB Document 1
11/17/15 Page 13 of 23
78. Nationally-renowned chimpanzee experts who have observed Candy agree that her social
isolation has had extremely detrimental effects on her psychological well-being in ways that
disrupt normal chimpanzee behavior patterns in much the same way that social isolation of
humans disrupts our normal behavior.
79. “These years of social isolation from other chimpanzees undoubtedly have already had an
adverse effect on [Candy],” explains Dr. Goodall.
80. Second, the absence of adequate psychological enrichment constitutes harassment of
Candy by the Defendants.
81. Enrichment is a term used by behaviorists and cognitive ethologists to refer to measures
intended to give captive animals the opportunity to engage in their natural behaviors, such as
searching for food or exploring new objects.
82. Enrichment is especially important for cognitively advanced species such as
chimpanzees. The federal Animal Welfare Act explicitly requires exhibitors to provide “a
physical environment adequate to promote the psychological well-being of primates.” 7 U.S.C. §
2143(a)(2)(B); see also 9 C.F.R. § 3.81.
83. Chimpanzees possess considerable skills at understanding others, a suite of cognitive
abilities referred to collectively as “Theory of Mind.” For example, chimpanzees can correctly
identify the goals and intentions of others. One study found that chimpanzees retrieved an
accidentally dropped object for someone, but not when the person intentionally threw it.
84. Chimpanzees also understand perception; they know that others see, hear, and know
things and they adjust their behavior accordingly. For example, chimpanzees know to gesture to
someone facing them, rather than someone facing away. When retrieving hidden food,
13
Case 3:15-cv-00769-JJB-RLB Document 1
11/17/15 Page 14 of 23
chimpanzees take into account what their potential competitors know or can see about the food.
Chimpanzees can also cooperate with others to solve physical puzzles for food.
85. Chimpanzees can be taught to communicate, using sign language or lexigrams (symbols
that represent words or objects). Signing chimpanzees have been known to spontaneously use
words in novel combinations. Chimpanzees can also be trained to use Arabic numerals to
identify the number of objects. Once taught to count, chimpanzees then far outperform humans
on working memory tests using numbers.
86. Chimpanzees also recognize themselves in mirrors - a skill that is thought to reflect selfawareness.
87. Chimpanzees can solve novel physical problems that require planning. For example,
chimpanzees can use water as a tool, to make a previously out-of-reach peanut float to the top of
a tube. Chimpanzees also have impressive memories: they can remember the locations of hidden
food three months later.
88. Chimpanzees’ exceptional intelligence recently led the NIH to commit to sending almost
all of its chimpanzees to sanctuaries like Chimp Haven, virtually eliminating their use in
biomedical research in this country. 78 Fed. Reg. 39741 (July 2, 2013). Their use in biomedical
research has been banned or severely restricted by the United Kingdom, New Zealand, the
Netherlands, Sweden, Austria, Japan, Belgium, and the European Union. Only one other
country, Gabon, still uses chimpanzees in invasive research.
89. In recognition of the exceptional intelligence and mental activity of chimpanzees, experts
agree that captive chimpanzees require extensive and well-planned environmental enrichment.
Such enrichment might include puzzles, toys, natural materials, and behavioral training.
14
Case 3:15-cv-00769-JJB-RLB Document 1
11/17/15 Page 15 of 23
Chimpanzees housed in barren and deprived environments routinely exhibit physiological and
behavioral disorders.
90. Candy lacks any enrichment items in her cage besides an unused tricycle, a sad reminder
of her past exploitation in entertainment, when at the age of four, she was made to ride a tricycle
in a sideshow at Fun Fair Park. She has no toys, no ropes, no puzzles, or any other objects. She
has no natural materials to manipulate or to use for a nest. Despite experts’ instructions to
Defendants in 2012 on the necessity of enrichment, as well as gifts of enrichment items for
Candy, Defendants have yet to provide Candy with consistent environmental stimulation.
91. USDA inspectors also have cited Defendants twice, once in January 2014 and again in
August 2015, for failing to provide a plan for environmental enrichment adequate to promote the
psychological well-being of Candy, as required by Animal Welfare Act regulations, 9 C.F.R. §
3.81. This consistent failure to account for Candy’s need for mental stimulation constitutes
harassment.
92. Third, the Defendants inadequate provision of a sufficient diet and water supply also
constitutes harassment of Candy.
93. In the wild, chimpanzees primarily consume fruit, supplemented by other vegetation,
insects, and some meat. Captive chimpanzees require constant access to fresh water and an
appropriate diet of fruit, vegetables, and a protein source usually in the form of a commercial
primate biscuit or chow.
94. In 2012, Defendants were cited by the Baton Rouge Animal Control Center for the lack
of accessible water for Candy. Defendants provide Candy exclusively with Coca-Cola instead,
claiming that Candy does not like water. However, Candy has readily accepted and drunk water
15
Case 3:15-cv-00769-JJB-RLB Document 1
11/17/15 Page 16 of 23
offered to her by visiting experts. Water, not Coca-Cola, is an essential requirement for
chimpanzees.
95. On August 24, 2015, a USDA inspector cited Defendants for storing Candy’s food in an
unclean environment. Food waste, debris, garbage, and even a live rat were found near Candy’s
food. The USDA inspector also cited Defendants for leaving food in a plastic bag in Candy’s
cage, stating that “[u]sing a plastic bag as a food receptacle causes a potential risk of medical
injury to Candy.”
96. Defendants’ withholding of water and failure to provide Candy with wholesome and
varied food interferes with normal chimpanzee feeding patterns, and are therefore harassment.
See 50 C.F.R. § 17.3.
97. Fourth, the Defendants exposure of Candy to the elements, without appropriate shelter,
also constitutes harassment.
98.
Chimpanzees have similar temperature requirements as humans, and therefore feel
discomfort from weather that would be too hot or too cold for a person. Captive chimpanzees
also require shelter from the elements, including protection from sun, wind, and rain. In very hot
temperatures, the Association of Zoos and Aquariums recommends that captive chimpanzees be
provided with fans, sprinklers, or misters.
99.
Candy has limited shelter, in particular from hot weather. In 2012, Baton Rouge
Animal Control Center noted that Candy’s enclosure has no air conditioners or fans, despite local
temperatures regularly reaching above 90 degrees Fahrenheit during the summer.
100. Upon information and belief, Candy still does not have a mister for hot days, despite
experts recommending one to Defendants over three years ago. Like humans, chimpanzees can
experience heat stroke and other complications from extreme temperatures.
16
Case 3:15-cv-00769-JJB-RLB Document 1
11/17/15 Page 17 of 23
101. Fifth, Candy’s inadequate enclosure harasses her.
102. USDA inspectors have repeatedly cited the Defendants for poor upkeep of Candy’s
enclosure, including in 2001 and 2003 for the accumulation of dirt and fecal matter in Candy’s
cage. In March 2011, an inspector identified part of Candy’s cage as rusty and structurally
unsound, leading to a risk of escape and injury to Candy. (Candy has escaped numerous times in
the past.) Six months later, the Defendants had not repaired or replaced the bars, leading to
another citation from the USDA.
103. In the wild, chimpanzees make and sleep in individual nests using vegetation every
night. Captive chimpanzees therefore require nesting material such as straw or blankets to fulfill
this natural behavior.
104. Upon information and belief, Candy is not provided with any nesting material and
therefore cannot perform her natural behavior of making a nightly nest for sleeping.
105. In the wild, chimpanzees regularly climb trees and sometimes brachiate (swinging hand
to hand) from branch to branch. Captive chimpanzees require significant room to move
horizontally, as well as at least 20 to 25 feet of vertical space to climb.
106. Candy’s enclosure is small, and lacks significant vertical space for normal climbing
behavior. Upon information and belief, Candy’s cage is less than half the height recommended
by the AZA. Candy cannot perform the natural behavior of climbing or swinging over significant
distances.
107. By providing Candy an enclosure with poor upkeep and one that lacks nesting material
and adequate vertical space, Defendant is harassing Candy by disrupting her natural sheltering
and locomotive behavior.
17
Case 3:15-cv-00769-JJB-RLB Document 1
11/17/15 Page 18 of 23
108. Sixth, withholding proper veterinary care from Candy and exposing her to health risks
also constitutes harassment under the take provision of the Endangered Species Act.
109. The AZA recommends that a veterinarian make twice monthly inspections of any
captive chimpanzee and perform a physical exam every 18 to 24 months. The AZA also
recommends keeping complete records of health and behavior, updated on a daily basis. Experts
recommend regular tuberculosis (“TB”) testing for nonhuman primates and their caregivers.
110. Upon information and belief, as of 2012, Candy had not had a physical examination,
blood work, or TB test in ten years. In June 2012, a sample of Candy’s urine contained traces of
blood.
111. In January 2014, USDA inspectors cited the Defendants for the lack of an adequate
veterinary care plan in violation of Animal Welfare Act regulation, 9 C.F.R. § 2.40. Over a year
and a half later, in August 2015, a USDA inspector found that the Defendants’ program of
veterinary care was deficient, lacking emergency contact information, a method of euthanasia, a
vaccination schedule, and information on TB testing.
112. The conditions of Candy’s captivity are inconsistent with prevailing standards
applicable to the housing of chimpanzees at reputable zoos and sanctuaries and cannot be
considered generally accepted. Moreover, Defendants’ animal husbandry practices do not meet
or exceed the minimum standards for facilities and care under the Animal Welfare Act, as
demonstrated by their repeated violations of the Act over many years. !
113. Defendants have harassed, and continue to harass, Candy in violation of the ESA, by
isolating her from other chimpanzees, and by providing her inadequate food, water, space,
enrichment, and veterinary care, all of which disrupt her normal behavior patterns, including
nesting, climbing, breeding, feeding, and sheltering. See 50 C.F.R. § 17.3.
18
Case 3:15-cv-00769-JJB-RLB Document 1
11/17/15 Page 19 of 23
Defendants’ captivity of Candy unlawfully “harms” her
114. Defendants harm Candy, as that term is defined by regulations, because Candy’s
confinement causes her physical and psychological injuries. See 50 C.F.R. § 17.3.
115. As explained above, Candy’s social isolation and the absence of adequate
environmental enrichment cause her immense psychological injuries. Expert primatologists
agree that solitary housing of chimpanzees is per se injurious, and therefore “harm” as that term
is defined by regulations.
116. The AZA states that “[g]iven the importance of social relations for this species, it is not
surprising that individual caging has measurable (and usually negative) effects on chimpanzees.”
The AZA care manual also states that “[g]iven the relationship between abnormal behavior
patterns and individual caging, and the detrimental effects of individual housing on the social,
maternal, and reproductive behavior of chimpanzees, every effort should be made to limit or
eliminate individual housing.” By leaving Candy in social isolation, Defendants are injuring
Candy mentally and physically in violation of the ESA.
117. Furthermore, Defendants have for decades allowed members of the general public to
throw items into Candy’s cage, including lit cigarettes that Candy smokes. Just as with humans,
cigarette smoking is very harmful for chimpanzees. By allowing Candy access to lit cigarettes,
Defendants are injuring her in violation of the ESA.
118. Defendants feed Candy Coca-Cola instead of water. Coca-Cola is not an appropriate
drink for chimpanzees. By feeding Candy soda instead of giving her constant access to fresh
potable water, Defendants are injuring her in violation of the ESA.
19
Case 3:15-cv-00769-JJB-RLB Document 1
11/17/15 Page 20 of 23
119. In light of Defendants’ harmful treatment of Candy, the solution to Candy’s isolation is
decidedly not to add another chimpanzee to her enclosure, because that chimpanzee would also
suffer from Defendants’ neglect.
120. Defendants also cannot acquire another chimpanzee without violating state law. See
LA. Admin. Code tit. 76, § 115.
121. The ESA prohibits the possession of any chimpanzee that is, or has been, harassed or
harmed. See 16 U.S.C. § 1538(a)(1)(D). Defendants’ continued possession of Candy therefore
also violates federal law.
122. There is no remedy that will redress these violations of the ESA short of moving Candy
out of Dixie Landin’ and to a reputable sanctuary.
123. Chimp Haven is a 200-acre chimpanzee sanctuary located about 20 miles southwest of
Shreveport, in the Eddie D. Jones Nature Park in Keithville, Louisiana. Chimp Haven is the
National Chimpanzee Sanctuary and holds a federal contract pursuant to the CHIMP Act, which
creates a federal sanctuary system for the permanent retirement of chimpanzees once used in
biomedical research and entertainment. Chimp Haven was awarded the federal contract to create
a sanctuary where its residents could live in large social groups in spacious, outdoor habitats and
where they could live out their lives in a setting that afforded them greater freedoms and selfdetermination. Since opening, Chimp Haven has provided sanctuary to more than 300
chimpanzees; it is currently home to more than 200.
124. At Chimp Haven, natural groundcover, trees, and climbing structures provide the
backdrop for a stimulating and dynamic environment necessary for chimpanzee development and
rehabilitation. The chimpanzees can make sleeping nests from vegetation provided by animal
care staff or they can build nests from the trees and plants found in the wooded habitat. Towering
20
Case 3:15-cv-00769-JJB-RLB Document 1
11/17/15 Page 21 of 23
trees and 20-foot play structures offer climbing, swinging and resting options as well as views of
the surrounding area. How the chimpanzees choose to spend their day is up to them.
125. Chimp Haven has offered to take Candy and provide her with the habitat, veterinary
care, and expert behavioral support that she needs. Chimp Haven’s staff of more than 40
employees includes a full-time veterinarian and chimpanzee behaviorist, with expertise in
helping solitary chimpanzees like Candy acclimate and assimilate to living among others of their
kind.
126. Chimp Haven’s veterinarian and behaviorist recently visited Candy and concluded that,
despite her age, Candy could be moved to the sanctuary with little risk to her health and safety.
Claim for Relief:
Violation of the Endangered Species Act
127.
Each and every allegation set forth above is incorporated herein by reference.
128.
The Endangered Species Act prohibits the “take” of any endangered species within
the United States. 16 U.S.C. § 1538(a)(1)(B). The ESA further prohibits the possession of any
such taken species. 16 U.S.C. § 1538(a)(1)(D). Chimpanzees, both captive and wild, have been
declared endangered, effective September 2015. 80 Fed. Reg. 34500 (June 16, 2015).
129.
Defendants have violated and continue to violate the ESA and its implementing
regulations by taking and possessing Candy. Keeping Candy in isolation for over 40 years,
without sufficient enrichment or an appropriate diet, habitat, or veterinary care, harms and
harasses her in violation of 16 U.S.C. § 1538(a)(1)(B). Continuing to possess her also
constitutes a violation of the ESA, under provision 16 U.S.C. § 1538(a)(1)(D).!
Relief Requested
WHEREFORE, Plaintiffs respectfully request that this Court:
21
Case 3:15-cv-00769-JJB-RLB Document 1
11/17/15 Page 22 of 23
1. Declare that Defendants are violating the “take” provision, 16 U.S.C. §
1538(a)(1)(B), of the ESA;
2. Declare that Defendants are violating 16 U.S.C. § 1538(a)(1)(D) of the ESA by
continuing to possess Candy;
3. Enjoin Defendants from engaging in operations and activities that cause the take of
Candy;
4. Enjoin Defendants from possessing Candy;
5. Terminate Defendants’ ownership of Candy and relinquish her to Chimp Haven;
6. Order Defendants to pay Chimp Haven the reasonable costs of caring for Candy for
the duration of her life;
7. Award Plaintiffs their reasonable attorney fees and litigation costs in this action; and
8. Grant Plaintiffs such other and further relief the Court may deem just and proper.
PLAINTIFFS REQUEST TRIAL BY JURY ON ALL ISSUES SO TRIABLE.
Respectfully submitted,
/s/ Emily H. Posner
--------------------------------------------Emily H. Posner (La. Bar No. 35284)
3069 Royal Street
New Orleans, Louisiana 70117
Telephone: (207) 930-5232
[email protected]
Matthew Liebman
(Pro Hac Vice application pending)
California Bar No. 248861
Animal Legal Defense Fund
170 East Cotati Avenue
Cotati, CA 94931
Telephone: (707) 795-2533, ext. 1028
[email protected]
22
Case 3:15-cv-00769-JJB-RLB Document 1
11/17/15 Page 23 of 23
Ken Levy
(Pro Hac Vice application pending)
New York Bar No. 4125910
Paul M. Herbert Law Center
Louisiana State University
110 LSU Student Union Building
Baton Rouge, Louisiana 70803-0106
Telephone: (225) 578-7365
[email protected]
Counsel for Plaintiffs
23
Case 3:15-cv-00769-JJB-RLB Document 1-1
11/17/15 Page 1 of 1